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Home My WebLink About1974-01-02; City Council; 2256; Cove dr and Bristol Cove 22 Unit Condominiums• GLA^ THE/-NTY OF CARLSPAD, CALIFOP/^A /• . \*x Agenda Bill MO.^^N? **' . • : Date January 2. 1974 . Referred Jo: City Council . • ~ ... • « ' Subject: TENTATIVE .MAP - CT 73-52 - Request for approval Submitted By: of a Tentative Map to allow a one lot 22 unit condominium project nMMTM- 'r-nMMTCC.Tflu • and a one lot parking and poat launching facility on property PLANNING CUMMISSIUN located at the end of Cove Drive- in Bristol Cove-.. • . . APPLICANT: CHARLES J. KUDERNA Statement of the Matter At their regular meeting of December 11, 1973, the Planning Commission did 'hear a request by CHARLES J. KUDERNA, requesting a'pproval of a tentative rap to allow a one lot 22 unit condominium project and a one lot parking and^ boat -launching facility, oh property generally located at the end of Gove Drive in Bristol Cove. The letter from the'school district has been received, and the applicant stated he was in- concurrence with the conditions as stated by Staff.* . ••••.'•'• With no further discussion, the Planning Commission did a'dopt Resolution No. 1020 approving .Tentative Map and recommending to the City Council adoption per the ; conditions, stated therein. . Exhibit - 1. Certification • 2. Staff Report dated Dec. ]1, 1973 - • • 3. School Letter from Carlsbad Unified School District 4. Applicants-exhibit-(map). - ^ .. 5. Planning Commission Resolution No'. 1020 •" ' ;~ . ; ^ 6. City Council Resolution No. 3316 . ' " . ' • ."••••. • *• Staff Recommendations to City Manager . " . Staff recommends approval per the conditions more clearly stated irt Resolution attached. c AS No .Date: January 2, 1974 City Manager's Re commendation Concur with staff recommendations Council'Action 1-2-74- This matter was referred ba.ck to the Planning Commission due to the fact it lies within a permit zone. •- - 1-15-74 At the request of the applicant,' the matter wa's continued "to Fe'bruary 5 , 1974. . 2-5-74 Kesol ut-ion No. 3316 • approving tentative map was adopted. PLICATION FOR APPROVAL TENTATIVE TRACT MAP EXECUTED AT Carlsbad (City) DATE November 5, 1973 OWNER AND/OR OWNER'S AUTHORIZED AGENT: o California (State) Harry L. Truax . yjce pres (Signature)Brian Smith Engineers, Inc. 2656 State Street • (Mailing Address) Carlsbad, California 92008 (City and State) (Area Code) (714) 729-8981 • (Telephone Number) SUBSCRIBED AND SWORN TO BEFORE ME THIS (Notary Public) COUNTY f) *YjJ, 1077 $ Sia'S'SSia'BF" COPY CITY OF CARLSBAD' PLANNING DEPARTMENT STAFF REPORT FOR DECEMBER 11, 1973 TO: REPORT ON: CASE NO: APPLICANT: PLANNING COMMISSION CONSIDERATION OF TENTATIVE TRACT MAP CT 73-52 CHARLES J. KUDERNA 2977 Passmore .Drive Los Angeles, California 90028 I. GENERAL INFORMATION A. Request: The applicant has requested approval of a tentative map for a one lot 22-unit condominium project and a one lot parking and boat launching facility to be owned by the Bristol Cove Property Owners Association, at the end of Cove.Drive in Bristol Cove, further described as: Lots 14 and 15 of Map No. 5162 in the City of Carlsbad. B. Zoning and General Plan: 1. Zoning:Existing - R - W Proposed - R - W Adjacent: North & East - R-W West - R-l - 15,000 South - Aqua Hedionda Lagoon 2. General Plan: Land Use Amendment #2 to-the Adopted General Plan shows the property in question as low-medium density (7-30 d.u./acre). The applicant proposes 22 units on a 0.907 acre site, the density of which would be 24 d.u./acre. This conforms to the General Plan recommendation. C. Environmental Impact Considerations: The applicant has sub- mitted an Environmental Impact Assessment per the requirements of the Carlsbad Environmental Protection Ordinance of 1972 and the Planning Director has declared that the proposed project would have a non-significant effect on the environment. II. CONSIDERATION OF THE TENTATIVE MAP NO. CT 73-52 A. Hac.'-urqund: The proposed development has been reviewed by the Coastal Commission staff and the applicant was advised by them thai an easement should be dedicated to provide public access from Cove Drive to the waterfront. The applicant has agreed to do this. In addition, a portion of the waterfront will also be. dedicated for . pub! ic use. B. The' Tentative Map: The tentative map shows five adjoined condominium units which front on Aqua H'edionda Lagoon to the South and three adjoined condominium units fronting on the lagoon to the East. . Parking', landscaping and internal circulation (driveways) have not been shown on the tentative map. Approval of the Final Map will require review and approval by the Planning Director and City Engineer on these matters. Access to the property will be from Cove Drive. The property fronts on the cul de sac of Cove Drive and driveways will presumably be provided on to that cul de sac. C. Staff Recommendation on the Tentative Map: Staff recommends that the Planning Commission move to recommend APPROVAL of the • tentative map to the City Council. Justification is based on: 1. That the proposed development conforms to the Zoning Ordinance, City of Carlsbad, the city's General Plan and the State of Call fa'fhia'-';. Subdivision Map Act. 2. That th.e proposed density" is .compatible with adjacent areas. In that the subdivision is less than 50 units, therefore Parks in-lieu fees should be required. D . Conditions of Approval: . < 1. Subject to Standard Subdivision Condition Numbers 2, 3, 4, 5 (in-lieu fees), 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 20 as approved by P.C. Resolution No. 1000, Policy No. '3 dated November 27, 1973, and other conditions specified below: 2. Prior to consideration of this request by the. City Council, written evidence shall be submitted to the Planning Director that adequate public facilities such as schools wi 1 1 exist concurrent with need. 3. The applicant shall dedicate a 15' wide easement for public access purposes with an improved sidewalk along the westerly and southerly property lines in a manner acceptable to the City Engineer. -2- CARLSBAD UNIFIED SCHOOL DISTRICT 801 PINE AVENUE CARLSBAD, CALIFORNIA 92008 RECEIVED; December 11, 1973 DEC i 2 1973 Reference: /CT 73- Charlc 22-unit Condominium Mr. E. W. Dominguez, Chairman and Members of the Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. Donald A. Agatep, City Planning Director Gentlemen: In accordance with school board Resolution No. 4-7374, we are pleased to advise you that an agreement has been signed with the owners and developers of the above-referenced residential project to assist in providing school facilities. This letter represents the school district's formal notice that you may be assured that school facilities and services will be available concurrent with the need of the future residents of this development as it is presently proposed. Sincerely yours HOWARD C. HARMON District Superintendent FHL:HCH:aw CC: Charles, J. Kuderna ADMINISTRATION 729-9291 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PLANNING COMMISSION RESOLUl( A NO. 1020 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 73-52} TO ALLOW A ONE LOT 22 UNIT CONDOMINIUM PROJECT AND A ONE LOT PARKING AND BOAT LAUNCHING FACILITY, ON PROPERTY GENERALLY LOCATED AT THE END OF COVE DRIVE IN BRISTOL COVE. APPLICANT: CHARLES J. KUDERNA WHEREAS, the Planning Commission of the City of Carlsbad, did receive a verified application from CHARLES J. KUDERNA requesting approval of a [ Tentative Subdivision Map (CT 73-52) to allow a one lot - 22 unit condominium project and a one lot parking and boat launching facility, on property generally located at the end of Cove Drive in Bristol Cove, and more particularly described as: Lots 14 and 15 of Shelter Cove Map Mo. 5162, in the City of Carlsbad, County of San Diego, State of California. WHEREAS, this project has met 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 reason: Carlsbad Municipal Code requires fees to be paid on subdivisions with less than 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, subject to the fulfillment of the following conditions: XX XX jwjfeu ^ v """*'' 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 the 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. Prior to consideration of the Final Map and Improvement Plans, a grading and plot plan of the tract with all proposed dwelling units located thereon, and showing appropriate setback dimensions, shall be submitted to the Planning Department for consideration and approval to insure that adequate area requirements can be met.8 3. The C.C.&R's for thts development shall be submitted to the Planning Director for review and approval prior to the issuance of any building permits. 4. Park-in-lieu fees shall be granted to the City prior to City Council approval of the Final Map. 5. This development shall meet all of the requirements of the Department of Public Health. J.O 6. The Developer shall conform to any existing policies14 providing for public facilities. 15 7. If requested by the City Engineer, an amended Tentative Hap shall be submitted for approval by the City Engineer •*• prior to preparation of the Final Map to assure compliance to all conditions of approval. 8. In order to provide for reasonable fire protectionduring18 the construction period, the subdivider shall maintain passable -_ vehicular access to all buildings and adequate fire hydrants with required fire flows whall be installed as recommended by the Fire Department. 9. All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Cirteria and Standard Plans, the Subdivision Ordinance and otherCity Standards, to the satisfaction of the City Engineer, without cost to the City of Carlsbad, and free of all liens and encumbrances. Improve- ment plans for water and sewer systems shall meet the require- ments of the respective service districts. 10. All drainage and grading plans shall be submitted to the City Engineer for consideration and approval. PA 11. All utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view. po 12. Complete plans and specifications shall be submitted as required for checking and approval, before construction of any improvements is commenced. The Subdivider shall submit the ,Q original drawings revised to reflect as-built conditions, prior to acceptance of the subdivision improvements by the City. 31 XX 52 XX -2- „ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 13. All land and/or easements required by this Ordinance shall be granted to the City of Carlsbad without cost to the City, and free of all liens and encumbrances. No easements shall be recorded prior to recordation of the final map unless approved by the City Engineer. 14. All facilities provided, other than public easements, to adequately control drainage on the subject property, shall be maintained by the property owner(s) in perpetuity. 15. This tentative map approval shall expire one year from the date of the approval of the City Council unless extended by the City Council. 16. The applicant shall dedicate a 10 foot wide easement for public access purposes with an improved sidewalk along the westerly and southerly property lines in a manner acceptable to the City Engineer. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the llth day of December, 1973, by the following vote, to wit: AYES: Commissioners Dominguez, Casler, Forman & Little NOES: None ABSENT: Commissioners Wrench, Jose, & Palmateer. ATTEST: E. W. DOMINGU Chairman DONALD A. AGATEP, Secretary -3- • CC <N £j < 05 O"- D 5°° iio> > os t < -0,5-1B H >:uj U 8 Q o 5 •" coZ O in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 co to" 3 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 3316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE' MAP (CT 73-52), A ONE-LOT 22-UNIT CONDOMINIUM PROJECT AND A ONE-LOT PARKING AND BOAT-LAUNCHING FACILITY ON PROPERTY LOCATED AT THE END OF COVE DRIVE IN BRISTOL COVE. (CHARLES J. KUDERNA) WHEREAS, on the llth day of December, 1973, the Carlsbad City Planning Commission adopted Resolution No. 1020 recommending to the City Council that Tentative Map (CT 73-52) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on the 5th day of February f 1974, considered the recommendation 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 nonsignificant impact on the environment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: A. That the above recitations are true and correct. B. That Tentative Map (CT 73-52) 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 the 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. The C.C.& R.'s for this development shall be submitted to the Planning Director for review and approval prior to final inspection. 3. Park-in-lieu fees shall be granted to the City prior to City Council approval of the Final Map. 4. This development shall meet all of the require- ments of the Department of Public Health. Q (/) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 CO 8 15 d QOil 16 O >; > O 5 5*2 17 IL • -1 < 18 ? ° !3>t 5 19 20 21 22 23 24 25 26 27 28 29 30 31 32 5. The developer shall conform to any existing policies providing for public facilities. 6. If requested by the City Engineer, an amended Tentative Map shall be submitted for approval by the City Engineer prior to preparation of the Final Map to assure compliance to all conditions of approval. 7. In order to provide for reasonable fire protection during the construction period, the subdivider shall main- tain passable vehicular access to all buildings and ade- quate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 8. 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, with- out cost to the City of Carlsbad, and free of all liens and encumbrances. Improvement plans for water and sewer systems shall meet the requirements of the respective service districts. 9. All drainage and grading plans shall be submitted to the City Engineer for consideration and approval. 10. All utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view. 11. Complete plans and specifications shall be sub- mitted as required for checking and approval, before con- struction of any improvements is commenced. The subdiv- ider shall submit the original drawings revised to reflect as-built conditions, prior to acceptance of the subdivision improvements by the City. 12. All land and/or easements required by this Ordinance shall be granted to the City of Carlsbad without cost to the City, and free of all liens and encumbrances. No easements shall be recorded prior to recordation of the final map unless approved by the City Engineer. 13. All facilities provided, other than public ease- ments, to adequately control drainage on the subject property, shall be maintained by the property owner (s) in perpetuity. 14. This tentative map approval shall expire one year from the date of the approval of the City Council unless extended by the City Council. 15. The applicant shall dedicate an easement for public access purposes with an improved sidewalk along the westerly and southerly property lines in a manner acceptable to the City Engineer. 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 2. o CO_l ? < O u. t- £ LUO 1 2 3 4 6 7 8 9 10 11 12 13 14 § 15 I 16 I 17 5 18 COV) 5 19 20 21 22 23 24 25 26 27 28 29 30 31 32 the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the _5_tJL__ day of February , 1974, by the following vote, to wit: AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: None. ' DAVID'/M. DUNNE, Mayor ATTEST : MAR^ARB^ E. ADAMS, C{ty Clerk (SEAL) 3.