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HomeMy WebLinkAbout1974-11-06; City Council; 2125-1; Tentative map time extension CT 72-38THE CITY OF CARLSBAD, CALI FORNIA ij. 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. -2- 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. . . * ' 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- 03 _ is o 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 >c ( 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. 1. o<CO ai z"> 808i-2Z O t/5 > P o:< < o i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 •3^3 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (c y 5 6 8, 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. 2. 2 3 4 5 6 7 8 9 10 11 12 13 o 14 co o> -2 I 15*s 5 8'sll 16 SfciS **\l 17 - ill O UJ £§p 80 T QtM «J J-O t O ' • '\•Sj2i» ''22 """& 24 25 26 27 28 29 30 31 32 <c 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.