HomeMy WebLinkAbout1974-11-06; City Council; 2125-1; Tentative map time extension CT 72-38THE CITY OF CARLSBAD, CALI FORNIA
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Agenda Bill No. *£/£k5>/^*yy*&' / Date: Nnv^mh^r fi. 1974
Referred To:
Subject: Tentative map time extension - CT 72-38Submitted By:
(51-unit condominium on property generally
located easterly of land adjacent to Carlsbad City Engineer
Boulevard between Tamarack Avenue and Sequoia
Avenue.) Sea view Condominiums '
Statement of the Matter
On September 4, 1973, the City Council approved the Tentative Map of
Carlsbad Tract 72-38 (Resolution No. 3209). The applicant has requested
that the subject tentative map be extended for a period of one year
to September 4, 1975.
The California Coastal Zone Conservation Commission granted a permit
in September, 1974, for a 27 unit condominium project (vs. 51 unit
City approved) on the subject property. Some of the .conditions of
approval i.e. dedication of a 60" X 100" ^ open space and public access
easement, and application to the City to close Sequoia Avenue (and
conversion of the right-of-way into a public use area) will require
the processing of a revised (or new) Tentative Map.
Staff has been informed that a revised Tentative Map is in preparation
for submittal to the City for processing in November, 1974.
The applicant has been advised of the requirements and intent of Public
Services Policy No. 17 but as of October 31, 1974, no school letter
has been submitted.
There is some question as to whether or not the map has already ex-
pired. The request for an extension of the Tentative Map was received
by" staff On the day that the Tentative Map expired, (or was to have .
expired?)
Exhibit
A. Letter requesting extension.
B. Coastal Commission Staff Recommendations,
C. Resolution No. 3209.
Staff Recommendations
That the request for an extension of time of one year (to September 4,
1975) on the Tentative Map CT 72-38 not be granted.
A-B No .Date: November 6. 1974
City Manager's Recommendation
Concur with staff recommendation.
Council'Action
11-6-74 The staff recommendation was accepted and the tentative map
ext.ens.ion for C/T 72-38 was denied.
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PLANNING CONSULTANTSAND CIVIL ENGINEERSRICK ENGINEERING COMPANY
5620 FRIARS ROAD . SAN DIEGO, CALIFORNIA 9211O
TELEPHONE . AREA CODE 714 . 291-0707
September 3, 1974
Mr. Tim Flanagan
City Engineer
The City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
RE: TENTATIVE MAP OF CARLSBAD TRACT No. 72-38 (SEAVIEW)
Dear Mr. Flanagan:
As agents for the Seaview Partnership, we respectfully request a
one year extension of the tentative map of Carlsbad Tract No. 72-38.
The Seaview Partnership, owner and subdivider, has been actively
processing this project before the State and Regional Coastal Commissions
since the initial approval of the tentative map. A one year extension will
permit completion of the Coastal Commission processing and allow for the
pursuit of the other matters that normally lead to a final map.
Very truly yours,
William M. Dumka
WMD:lms
C; ,RNIA COASTAL ZONE CONSERVAT. ..COMMISSION
1540 Market Street, San Francisco 94102—(415) 557-1001
STAFF RECOMMENDATION . .... .
Appeal No. 45-74
(Sea View)
60th Day; 4A9/74
DECISION OF (Extended at request of
REGIONAL . • applicant)
COMMISSION; Permit granted by San Diego Coast Regional Commission
PERMIT . '..-•••'
APPLICANT; E. James Bear, Sea View Condominiums' . . '
DEVELOPMENT . "..-..-
LOCATION; Intersection of Tamarack and Sequoia Aves., Carlsbad, County of San
Diego (Exhibits 1 and 2)
DEVELOPMENT ' .
DESCRIPTION; Ultimate construction of a 2-story, 27-unit condominium on .96 acre,
resulting in a net density of 28 du/ac., with 58 parking spaces;
initial construction of 24 units (Exhibits 3-10, also see aerial
photos) . .
APPTfcLANT; San Diego Coastwatch . .
PUBLIC HEARING; March 20, 1974, in Los Angeles
STAFF RECOMMENDATION;
The staff recommends that the Commission adopt the following resolution;
!• Approval .
.A. The Commission hereby approves a permit for a modified project, s-object to
the conditions below, on the basis that the project, as conditioned, would not have any
substantial adverse environmental or ecological effect and would be consistent with the
findings, declarations and objectives of the California Coastal Zone Conservation Act
of 1972.
H. Conditions , •
Approval of the proposed development is subject to the following conditions;
A. 'Dedication. Prior to the commencement of construction, applicant shall
dedicate to the City of Carlsbad an open space and public access easement over the
western half of the parcel immediately to the south of Sequoia Ave. (Exhibit 6),
comprising an area approximately 60fx 100*. The proposed dedication shall be submitted
to the Executive Director of the State Commission for review and approval prior to the
commencement of construction.
B. Reduction in Units and Parkin^. Applicant shall reduce the total number
of units to 24 units. The rernaiirmg 3 units of the development (reduced front 23 units
overall to 2? units) may be built in the area described in A above provided, however,
that the arsa described in Exhibit 6 is first dedicated to the City of Carlsbad for .
public use either in fee or as an open space area. Applicant shall provide 58 parking
spaces. .
( fC. Landscar^ng Plans and BoncU Prior to thfi.xjmniencement of construct ion*
applicant shall subiru landscaping plans for the prov t, including the area to be
dedicated, to the Executive Director of the State Commission for review and approval.
The plans for the area to be dedicated shall be submitted to the City of Carlsbad for
review and approval and shall, be bonded in an amount satisfactory to the City of Carlsb;
prior to submission to the Executive Director of the State Commission.
D. Landscaping Maintenance. In the event that the City of Carlsbad does not
accept the obligation to maintain the public use area described in Condition A above,
applicant shall assure that the maintenance obligation will be assumed by the condoraini
homeowners association. Prior to the commencement of construction, applicant shall sub
mit the proposed CC&Rfs for the maintenance obligation to the Executive Director of the
State Commission for review and approval. "
E. Architectural Plans. .Prior to the commencement of construction, applicant
shall submit final architectural plans to the Executive Director of the State Commissic
for review and approval.
F. Possible Closing of Sequoia Ave. Applicant may not commence construction
until all the above conditions have been fulfilled and until 60 days have elapsed aftei
the issuance of the permit. During the 60-day period, applicant shall make a good
faith effort (to be attested by the City of Carlsbad) to obtain the approval of the Ci1
of Carlsbad for the closing of Sequoia Ave. and the conversion of .the closed portion oi
the street into a public use area including an extension of. the pedestrian and bicycle
paths. . .
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HI, Findings and Declarations
The Commission hereby finds and declares as follows:
A. Intensification of Developed Areas. This appeal presents the Commission
with one of the most difficult problems encountered in already developed areas of the
coast, i.e.t how to provide for the orderly, balanced utilization of shoreline areas
subjected to private redevelopment. The basic question posed by this project, as well
as by a number of projects previously considered by the Commission in the area, of Carl
between Buena Yista and Agua Hedionda Lagoons (KLitgaard, Appeal No. 40-73; Koyal Pal
Appeal No. 248-73; and Bluth, Appeal No. 30-74)» is how should the Commission respond
to the rapid conversion of an oceanfront area from a relatively low-density residenti
use to a medium-density condominium and apartment use? In an area in which there is n
interest in major park acquisitions, how can development be coordinated to assure the*
provision of significant public use areas and to contribute positively, through archi-
tectural and landscape design, to the enhancement of an oceanfront area as required bj
the Act? The problem of coordinating more than one project to maximize public use ar«
is somewhat more complicated than in areas such as the southern Orange County coast
where developers are utilizing large, open areas ((S-ant, Appeal No. 116-73; F- Smith,
Appeal No. 247-73), and street patterns and other controlling factors can be adapted i
provide public access, open space or other features required for approval under the Ac
In spite of site planning and land assembly problems, opportunities do exist in the
already developed areas for creating meaningful public use and/or coastal access faci
ties.
In the subject appeal, the applicant's site is small and is separated into two
parts by an existing street. The applicant has created a sketch plan which illustrat
the manner in which a major public use area and trail system could be developed to
connect the lagoon area with the public beach if and when the parcels to the south of
the proposed project are developed. Conditions A and B have besn drafted to provide
the applicant with a strong economic incentive to,in fact, coordinate the parcel to t
south in the manner shown in Exhibit 6. Such economic incentives may be the only
realistic way to effectively coordinate fragmented land holdings in already developed
areas. The appellant has suggested that withholding 6 units rather than the 3 recom-
mended would provide a stronger economic incentive to complete the -entire development
but the applicant has stated that the additional reduction in units would destroy the
economic viability of the project. However, in the event that the applicant is unable
to develop the parcel to the south, a public use area and the beginning of a trail
system are provided as part of the proposed project.
B. Design. In contrast with the solid, monotonous facade of the Klitgaard
and Bluth projects, denied by the Commission, and the earlier design of the subject
project, the applicant has broken up the walled effect of the parcel immediately to the
south of Tamarack and has substantially improved the design of the units. The appli—
" cant has also increased the'-setbacks from Carlsbad Blvd. over those originally proposed
by 10 feet. ' : ' .
C. Precedent for Orderly, Balanced Development. The proposed project, as
revised, is uniquely suited to contribute a meaningful public use area complementing
a public beach and the Commission's approval of it as conditioned indicates no precedent
for increasing the overall intensity of development in this area of the City of Carlsbad,
as discussed below. •
The number of projects presented to the Commission, and to the San Diego Regional
Commission, from the area bounded by Interstate 5 on the east, Buena Vista Lagoon on
the north and Agua Hedionda Lagoon on the south during the past year indicates a
pattern of rapid intensification of development in this shoreline area (see Exhibit 2).
In addition to the three projects noted above and the subject project, a 21—unit project
south of the Klitgaard project and three other projects (one of 56 units) have been or
are presently before the Regional Commission. '
One of the major consequences of the density increases from these existing and
proposed projects is severe traffic impacts on the two major access roads to the nearby'
State Beach and lagoon areas—Tamarack Ave. and Carlsbad Blvd. According to figures
submitted in connection with the Bluth appeal, increases to 28. du/acv would result in
increasing dwelling units of the area from 1,125 units at present to 2,000 units.
-.Virtually all.developments will add significant.^amounts of traffic..to-both;Tamarack Ave. a
"and Carlsbad Blvd., because both roads are major arterials for the area- According.to .
the Carlsbad Engineering Dept., Tamarack Ave. is rapidly approaching its desirable
capacity (7»000 ADT). No funds are presently earmarked for expanding Tamarack Ave.
The main north-south road for the beach area, Carlsbad Blvd., has a current count of
12,500 ADT north of Tamarack, a figure which should be increased 20-30 $ for peak
summer weekends. With a current capacity of 15,000 (i.e., tdthout turn lanes), Carlsbad
Blvd. is now at capacity, with the maximum design capacity of 20,000 ADT within reach
if development continues as at present. • .
Balanced, orderly development also requires a comprehensive open space acquisition
program directed toward servicing population increases in such redeveloping areas.
Currently, there are no plans for acquiring public use areas to serve the increasing
level of development taking place in Carlsbad. If it were not for the fact that the
proposed project is itself providing a public use area, development at the density pro-
posed-by the applicant could not be approved.
Therefore, because of the access problems which would attend a significant increase
in the intensity of development in this area, and because of an abssr.ce 01 local plans
to acquire open space to serve proposed new developments, no precedent is intended for
the approval of higher densities of the area between Buena Vista and Agua Hedionda
Lagoons west of Interstate 5-
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RESOLUTION NO. 3209
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
TENTATIVE MAP (CT 72-38), A 51-UNIT
CONDOMINIUM DEVELOPMENT ON PROPERTY GENERALLY
LOCATED EASTERLY OF AND ADJACENT TO CARSLBAD
BOULEVARD BETWEEN TAMARACK AVENUE AND
SEQUOIA AVENUE TO BE KNOWN AS "SEAVIEW".
WHEREAS, on the 14th day of August, 1973, the Carlsbad
City Planning Commission adopted Resolution No. 937, recommending
to the City Council that Tentative Map (CT 72-38) be conditionally
approved; and ;•.• . •
WHEREAS, the City Council of the City of Carlsbad, on the
4th day of September , 1973, considered the
recommendation of the Planning Commission; and
WHEREAS, said application has complied with- the requirements
of the "City of Carlsbad Environmental Protection Ordinance
of 1972" and an Environmental Impact Report was presented and
discussed at a duly noticed public hearing held by the Planning.
Commission and the City Council and was approved as presented;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, as follows: r '• "-.
A. That the above recitations are true and correct.
B. That Tentative Map (CT 72-38) is hereby approved,
subject to the execution and/or fulfillment of the following
conditions :
Prior to preparation of the Final Map,
an amended tentative map shall be
submitted to the City Engineer showing
the following:
a. Dedication and improvement for the
full length of the subject property
along Tamarack Avenue of 42 ft. of
additional right-of-way.
b. Deletion of any abandonment of any
portion of the existing right-of-way
along Carlsbad Blvd.
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c. Dedication and improvement for the
full length of the subject property
of 5 ft. of additional right-of-way
on each side of Sequoia Avenue.
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.,
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 approval to insure
that adequate area requirements can be met.
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.
Park-in-lieu fees shall
City prior to recording
be granted to the
the Final Map.
The Developer is encouraged to work with
the Carlsbad Union School District to
provide for future school requirements
that will result from the proposed development.
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.
if
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, and
free of all liens and encumbrances. Improve-
ment plans for water and sewer system shall
meet the requirements of the respective
service districts.
All utilities, including provisions for cable
TV shall be placed underground and/or shall
be completely concealed from view.
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10. 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.
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Carlsbad City Council held on the 4th day of September
1973, by the following vote, to wit:
AYES: Councilmen Dunne, McComas, Lev/is, Chase and McComas
NOES: , None.
ABSENT: None.
AVID M. DUNNE, Mayor
ATTEST:
T E. -ADAMS, <-City Clerk
(se-al)
3.