HomeMy WebLinkAbout1973-12-04; City Council; 2224; Hemlock and Juniper Street 9 Condominium UnitsTHfOlTY °F CARLSPAD»
Agenda Bill MO. og^o^- . . Date MuA»Jj*J V. /?2$
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. Referred .To: «
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Subject: TENTATIVE MAP: Request .for approval of a Tentative Submitted By:
Map (CT 73-46) to allow the -development of 9: condominium units
* ' on> land generally located on the east" side of Carlsbad Blvd. between- PLANNING
• Hemlock and Juniper Streets. APPLICANT: CHARLES P. BLUTH. . COMMISSION
" Statement of the Matter . . . ^
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At the regular meeting of the Planning Commission held on November 13, 1973, the
Commission did hear the request for approval of a tentative map to allow-for the
development of nine (9) condominium .units on .26 acres of land, generally located
on the east side of Carlsbad Blvd. between Hemlock and Juniper Streets, by applicant
CHARLES P. B,LUTH. .. ' . ' '
'After discussion and listening to those wishing to speak, the Commission did adopt
Resolution No. 989 approving said Tentative Map, subject to the conditions' stated
therein. • . * ,
Exhibit
1. Certification of Ownership
Z. Staff Report dated Nov. 13, 1973 ' "'
3. Applicant's.-exhibit (map)
4. Planning Commission Resolution No. 989 approving Tentative Map.
5. City Council Resolution No. *£•&$£ . . -
Staff Recommendations to City Manager
Staff recommends approval per conditions in attached resolution.
',110.Pate; N»* December 4, 1973
City Manager's Recommendation
CONCUR
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Council'Action " . " •~ • •
'12-4-73. 'This matter was continued to December 38,'1973.
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12-18-73 Resolution #3285 was adopted, with condition #7,being mo-dified,
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APRUCATrOH FOR APPROVAL TENTATQ TRACT MAP
EXECUTED AT
DATE . 1973
OWNER AND/OR OWNER'S AUTHORIZED AGENT:
California
(State}
Harry L. Truax
(Si^nat^ure)
2656 State Street
(Mailing Address)
Californiar(City and State)
(Area Code) 714 -7?.Q-SRQi
(Telephone Number^
SUBSCRIBED AND SWORN TO BEFORE ME THIS /
*-?.
DAY
'^<J^& -^-V<
•.
'(..*J fj*_ Jit._(Notary Public)
- OFFICIAL SEAL ^
cm. Virginia M. Smith i^
' NOTA"Y P:-'8L|C - CAUfO:^.. i-.,
PRI'JCIr^l- OFFICF IN . . J
-!- SAN DIEGO COUNTY !.]
MY COMMISSION EXPIRES MAY 9, 1977 M
-2^^SMiWtt!Eaf!!U
BEST
COPY
CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF REPORT FOR
NOVEMBER 13, 1973 '
TO: PLANNING COMMISSION . .
REPORT ON: CONSIDERATION OF TENTATIVE MAP
CASE NO: CARLSBAD TRACT NO. 73-46
APPLICANT: HARRY L. TRUAX
2656 State Street
Carlsbad, California, 92008
I. GENERAL INFORMATION
A. Request: The applicant is requesting approval of a tentative map to
allow the development of nine (9) condominium units on .26 acres of land,
generally located on the east side of Carlsbad Blvd. between Hemlock and
Juniper Streets, further described as Lots' 4 and 5, Block "E", Map 1747, Map
of Palisades in the City of Carlsbad.
B. Zoning and General Plan:
1. Zoning: Existing: R-3
Proposed: R-3
Adjacent: North and South & East - R-3
West: L.C.
2- General Plan: The City of Carlsbad General Plan designation for
this area is "Medium Density" residential (0-50 d.u./acre). The applicant
proposes 35 dwelling units per acre.
C. Environmental Impact Considerations: The applicant has submitted an
Environmental Impact Assessment per City requirements and the Planning Director
has declared that the development would have a "Non-Signif;icant" impact on* the
environment.
II. CONSIDERATION OF TENTATIVE MAP NO: CT 73-46 .
A. Description of Project: The Tentative Map proposes to revert two
existing R-3 lots in Carlsbad into one (1) condominium lot for redevelopment of
9 condominium units. An existing house on Lot 4 will be removed.
B- Parks Requirement: It is recommended that Park-In-Lieu fees be
paid for park dedication: Justification is based upon:
1. The adopted General Plan does not provide for a park site at this
location.
2. The Parks Ordinance requires fees for subdivisions with less than
fifty (50) lots.
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C. Staff Recommendation: Staff recommends that it be moved that the
Planning Commission recommend to the City Council that CT 73-46 BE APPROVED.
Justification is based upon conformance of the Tentative Map to the General Plan,
Municipal Codes and the State of California Map Act.
D. CONDITIONS OF APPROVAL: '
1. The development of the property described herein shall be subject
to the restrictions and limitations set forth herein which are in
addition to all the requirements, limitations and restrictions of
all Municipal Ordinances, and Stste and Federal statutes now in force,
or which, hereafter, may be in force for the purpose of preserving
the residential characteristics of adjacent properties.
2. Park-In-Lieu fees shall be granted to the City prior to approval
of the Final Map.
3. Prior to consideration of this matter by the City Council,
the applicant shall provide to the Planning Department, written
evidence that adequate schools will exist for the proposed development.
4. In order to provide for reasonable fire protection during the
construction period, the subdivider shall maintain passable vehicular
access to all buildings, and adequate fire hydrants with required
•fire flows shall be installed as recommended by the Fire Department.
5. All public improvements shall be made in conformity to the City
of Carlsbad Engineering Design Criteria and Standard Plans, the Sub-
division Ordinance and other City Standards to the satisfaction of the
City Engineer without cost to the City of Carlsbad, and free of all
liens and encumbrances. Improvement 'plans for water and sewer system '
shall meet the requirements of the respective service districts.
Applicant shall install full frontage improvements along Carlsbad Blvd.
and Hemlock Avenue.
6. All utilities, including provisions for cable TV, shall be placed
underground and/or shall be completely concealed from view.
7. The C.C.&R's for this development shall be submitted to the Planning
Director for review and approval prior to the issuance of any building
permits.
8. The Subdivider shall dedicate to the public all rights of ingress and
egress from lots abutting upon restricted access streets and roads over and
across the lines of said lots abutting said streets and roads. This dedi-
cation shall be so designated on the certificate sheet of the Final Map
with the intent that the pwners of said lots will have no rights of access
whatsoever to said streets and roads. The words "access rights dedicated
be lettered along the road adja&ont to the lots affectedto the City" shall
on the map proper.
Carlsbad Boulevard shall
in this instance.
be considered to be a restricted access street
9. All proposed pads shall be graded to drain to existing public
streets.
ATTACHMENTS: Letter from:
County Health Officer
2960 Pio Pico Drive*
o
Telephone:
(714) 729-1181
€itp of Carfetmfc
CARLSBAD. CALIFORNIA 92008
October 2.6, 1973
Mr. Donald A. Agatep
Director of Planning
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Dear Mr. Agatep:
DECEIVED
' • OCT 3 0 1973
CITY OF CARLSBAD '
Planning Department
Your request for our recommendations concerning the tentative map of the sub-
division to be known as Tentative 1-Iap No. 73-^6 has been received and reviewed
by this department.
This subdivision would be acceptable to the Department of Public Health pro-
vided : • -
1. All domestic water supplied to this subdivision comes from the
Carlsbad ilunicipal Water District.
2. All buildings constructed in this subdivision are connected to
the Carlsbad Public Sewer System.
3. The sewer and water lines are not laid in the same trench in any
part of this subdivision.
. h. Proper drainage is maintained throughout the subdivision so as
to prevent ponding and/or storage of surface water.' .
Thank you for giving \\s the opportunity to nal-ie reccjnnendations concerning
the proposed subdivision. . • .
Very truly yours,
•Health OiTicor, City of Carlsbad
cc: Federal Housing Aflr.ilnistration
Veteran:; A(lT4inictrv.t::.on
Dorr-irt.-.!^-;; of \lr.-i\ ^ni;-tc (:;uo. Ccc.)
BEST
COPY
CARLSBAD UNIFIED SCHOOL DISTRICT
801 PINE AVENUE CARLSBAD, CALIFORNIA 92008
October 30, 1973
City of Carlsbad f},~ ••••
1200 Elm Avenue
Carlsbad, California 92008
^TV OF CA»> or,,,,..pt . ™'ll-oo>m
Attention: Mr. Donald A. Agatep, Director of Planning r'ann/ng DepartnT -'•"
Gentlemen:
Reference:CT73-46
A 9-Unit Condominium
The Governing Board of the school district at a meeting held on October 23,
1973 reviewed the information presented by your department on October 10,
1973 concerning the above reference real estate development to be located
on the northeast corner of Carlsbad Boulevard and Hemlock Street.
As a result of this review, it is estimated that there maybe from three to
five school-age children residing in the development when it is completed.
The district does not have facilities to provide for a single-session
educational program for children who will be residing in this proposed
development. In addition, the district does not have any funds to
provide for facilities to house these children.
To date, no agreement has been reached with the subdivider to provide
financial assistance for school facilities which will be needed if and
when these residences are constructed. It is requested that approval of
this proposed residential development be withheld until a firm agreement
is reached between the developer and the Governing Board of the district
for provision of necessary school facilities.
It will be greatly appreciated if copies of this letter are made available
to members of the City Council and the Planning Commission.
Sincerely yours,,/y
HOWARD c. HARMON
District Superintendent
FHL:HCH:mh
ADMINISTRATION 729-9291
PLANNING COMMISSION RESOLUTION NO. 989
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS
AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A
TENTATIVE MAP (CT 73-46) TO ALLOW THE DEVELOPMENT OF
NINE (9) CONDOMINIUM UNITS ON .26 ACRES OF LAND,
GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BLVD.
BETWEEN HEMLOCK AND JUNIPER STREETS.
APPLICANT: CHARLES P. BLUTH
WHEREAS, the Planning Commission of the City of Carlsbad did receive
a verified application from CHARLES P. BLUTH, requesting approval of a
tentative map (CT 73-46) to allow the development of nine (9) condominium
units on .26 acres of land generally located on the east side of Carlsbad
Blvd. between Hemlock and Juniper Streets, and more particularly described
as:
Lots 4 and 5 of Block "E", Map 1747, Map of Palisades,
in the City of Carlsbad, County of San Diego, State
of California.
WHEREAS, said application has complied with the requirements of the
"City of Carlsbad Environmental Protection Ordinance of 1972", and has been
declared to have a Non-Significant impact on the environment; and,
WHEREAS, the Planning Commission did find that the subject tentative
map does substantially comply with the City of Carlsbad Subdivision Regulations
and the State of California Subdivision Map Act; and,
WHEREAS, the Planning Commission does find that the provisions for
design and improvements of this tentative map are consistent with the General
Plan of the City of Carlsbad, and;
WHEREAS, the Planning Commission is recommending park-in-lieu fees for
the following reasons:
1. The adopted General Plan does not provide for a park site
at this location.
2. The Parks Ordinance requires fees for subdivisions with
less than fifty (50) lots.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Carlsbad that it does hereby recommend approval to the City Council of the
City of Carlsbad, of the herein described Tentative Map (CT 73-46), subject
to the fulfillment of the following conditions:
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1. The development of the property described herein shall be
subject-to the restrictions and limitations set forth herein
which are in addition to all the requirements, limitations and
restrictions of all Municipal Ordinances, and State and Federal
statutes now in force, or which, hereafter, may be in force for
the purpose of preserving the residential characteristics of
adjacent properties.
2. Park-In-Lieu fees shall be granted to the City prior to
approval of the Final Map.
3. Prior to consideration of this matter by the City Council,
the applicant shall'provide to the Planning Department, written
'eVidence that adequate schools will exist for the proposed de-
velopment.
4. In order to provide for reasonable fire protection during
the construction period, the subdivider shall maintain passable
vehicular access to all buildings, and adequate fire hydrants
with required fire flows shall be installed as recommended by
the Fire Department.
5. All public improvements shall be made in conformity to the
City of Carlsbad Engineering Design Criteria and Standard Plans,
the Subdivision Ordinance and other City Standards, to the
satisfaction of the City Engineer without cost to the City of
Carlsbad, free of all liens and encumbrances. Improvement plans
for water and sewer system shall meet the requirements of the
respective service districts.
Applicant shall replace all full frontage improvements along
Carlsbad Blvd. and Hemlock Avenue, in a manner acceptable to
the City Engineer.
6. All utilities, including provisions for cable TV, shall be
placed underground and/or shall be completely concealed from
view.
7. The C.C.&R's for this development shall be submitted to the
Planning Director for review and approval prior to the issuance
of any building permits.
8. The Subdivider shall dedicate to the public all rights of
ingress and egress from lots abutting upon restricted access
streets and roads over and across the lines of said lots abutting
said streets and roads. This dedication shall be so designated
on the certificate sheet of the Final Map with the intent that
the owners of said lots will have no rights of access whatsoever
to said streets and roads. The words "access rights dedicated to
the City" shall be lettered along the road adjacent to the lotsaffected on the map proper. Carlsbad Blvd. shall be considered
to be a restricted access street in this instance.
9. All proposed pads shall be graded to drain to existing
public streets,
10. The developer shall be required to participate in the
construction of off-site traffic circulation improvements as
required by Council Policy in effect at the time of recordation
of the final Map.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
of Carlsbad Planning Commission, held on the 13th day of November, 1973,
by the following vote, to wit:
AYES: Commissioners Jose, Dominguez, Casler, Forman,. Palmateer, Wrench,
and Little.
NOES: None
ABSENT: None
E. U. DOMINGUEZ,
Chairman
ATTEST:
DONALD A. AGATEP,
Secretary
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IllII RESOLUTION NO. -3285
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t-
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDI-
TIONS TENTATIVE MAP (CT 73-46), A 9-UNIT CONDOMINIUM
ON .26 ACRES OF LAND, GENERALLY LOCATED ON THE
EAST SIDE OF CARLSBAD BLVD. BETWEEN HEMLOCK AND
JUNIPER STREETS.
APPLICANT: CHARLES P. BLUTH _
WHEREAS, on the 13th day of November, 1973, the Carlsbad
City Planning Commission adopted Resolution No. .989, recommending
to the City Council that Tentative Map (CT 73-46) be conditionally
approved; and
WHEREAS, the City Council of the City of Carlsbad, on the
18th day of December , 1973, considered the recommenda-
tion of the Planning Commission; and
WHEREAS, said Tentative Map has complied with the require-
ments of the City of Carlsbad "Environmental Protection Ordinance
of 1972" and has been declared to have a non-significant impact on
the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, as fol lows:
A. That the above recitations are true and correct.
B. That Tentative Map (CT 73-46) is hereby approved,
subject to the execution and/or fulfillment of the following
conditions:
1. The development of the property described herein
shall be subject to the restrictions and limitations
set forth herein which are in addition to all the
requirements, limitations and restrictions of all
municipal ordinances, and State and Federal statutes
now in force, or which,. hereafter, may be in force
for the purpose of preserving the residential char-
acteristics of adjacent properties.
2. Park-in-lieu fees shall be granted to the City
prior to approval of the Final Map.
3. The applicant is encouraged to work with the
School District to insure that adequate schools will
have been made available when needed.
4. In order to provide for reasonable fire protection
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during the construction period, the subdivider shall
maintain passable vehicular access to all buildings,
and adequate fire hydrants with required fire flows
shall be installed as recommended by the Fire
Department.
5. All public improvements shall be made in conformity
to the City of Carlsbad Engineering Design Criteria
and standard Plans, the subdivision ordinance and other
City standards, to the satisfaction of the City
Engineer without cost to the City of Carlsbad, free
of all liens and encumbrances. Improvement plans for
water and sewer system shall meet the requirements of
the respective service districts.
Applicant shall replace all full frontage improvements
along Carlsbad Blvd. and Hemlock Avenue, in a manner
acceptable to the City Engineer.
6. All utilities, including provisions for cable TV,
shall be placed underground and/or shall be completely
concealed from view.
7. The C.C.&R.'s for this development shall be
submitted to the Planning Director
proval prior to final inspection.
for review and ap-
restricted access
the lines of said
The words "access
be lettered along
8. The subdivider shall dedicate to the public all
rights of ingress and egress from lots abutting upon
streets and roads over and across
lots abutting said streets and roads
rights dedicated to the City" shall
the road adjacent to the lots
affected on the map proper. Carlsbad Blvd. shall be
considered to be a restricted access street in this
instance.
9. All proposed pads shall be graded to drain to
existing public streets.
10. The developer shall be required to participate in
the construction of off-site traffic circulation
improvements as required by Council Policy in effect
at the time of recordation of the Final Map.
C. That said Tentative Map together with the provisions
for its design and improvement and subject to the above conditions
is consistent with all applicable general and specific plans of
the City of Carlsbad.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 18th day of December__
1973, by the following vote, to wit:
AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee
NOES: None
ABSENT: None
AVID M. DUNNE," Mayor
ATTEST
^x^O t. V? X^/^~>/s / , __&- J5 / xx /.77 /jj4&fs3s (?.///*('if nnS r- ivn TTX r n r> A M c- '—?»•:/•!-./"*R£yE
i/
MA'RGflfREt/E Clerk
(Seal )
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