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HomeMy WebLinkAbout1975-01-07; City Council; 3265; Request for approval of a tentative map_ rtLe.eri2.-3 Ac•_• n.-.• a Dill ,vo . 3<£bS~ ' • •' Da 11>: January 7, 1975 Deferred To: Subject: Request for approval of a tentative map - submitted BU subdivision Map (CT 72-38) _, J . _ .. , • PlanningApplicant: Stephen Q. Abbey _ _ Commission of t; h r> "The Planning Commission is recommending approval of 'the tentative map to allow a 2-lot condominium subdivision on 1.3 acres zoned RD.-M and located on the east side of Carlsbad Boulevard between Tamarack Avenue and one lot south of Sequoia Avenue. The project will create a two-lot subdivision; the first lot having 2; condominium units and the second lot with three units and, per Coastal Commission requirements, an Open Space Easement offered to the City. A zone change from R-3 to RD-M, a tentative map and an Environmental Impact Report were approved by the City Council for subject property in September, 1973. The Coastal '•Commission approval in March, 1974 cut the total units from 50 to 24 and they made additional requirements. In November,- 1974, a request before the City Council. for extension of the tentative map failed. Council instructed the applicant to refile a tentative map which conformed to the project as revised by the Coastal Commission. This tentative map is a result of that instruction. Exhibi Staff report dated December 10, 1974 . IV / i i Planning Commission Resolution 1121 l\(D \J 4o4-T/ Plot Plan, Exhibit A, 11/4/74 \^rr\i Coastal Commission Report of 4-19-74 " staff Reconvene!* t ions to the City Manager: Staff recommends that a tentative map CT 72-38 be-approved for the reasons outlined in Planning Commis'sion,Resolution No. 1121. If the City Council wishes to consider the vacation of Sequoia, no action should be taken on the Tentative Map before you, but the matter should be referred to-the staff to set the vacation of Sequoia..to public hearing. When that matter is resolved, thfi T^n-ha-Hirp Map will apaln be br/"M]ght L before the Councj.!^ If the City Council wishes to proceed with the TentativeX ^5ap,.but not vacate Sequoia, the-matter can be referred to the City Attorney I for preparation of the necessary documents deleting Item No. 15a from /?Planning Commission Resolution No. 1121. ••• . /I•-/A.'..- • . •' ; £>•... -.. .. -•.'.• " '< AB No.January 7, 1975 City Manager's Recommendation Concur with staff report. Council Action -2- CITY OF CARLSUAD PLANf'iliiG DEPARTMENT STAFF REPORT December 10, 1974 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT REPORT OH: TENTATIVE MAP CT 72-38 - SEAYIEVI CONDOMINIUMS APPLICANT: STEPHEN Q. ABBEY 1111 Via Las'Cumbres San Diego, CA. I- REQUEST: The applicant is requesting approval of a 2 lot condominium subdivision on 1.3 acres zoned RD-M and located on the East side of Carlsbad Blvd. between Tamarack Avenue and one lot south of S.equoia Avenue. 11• RECOMMENDATION: Staff recommends that CT 72-38 be APPROVED based on the following justifications: 1) The project conforms to the Carlsbad Municipal Code and General Plan. 2) Th'e project meets all requirements of the subdivision map set. 3) The project meets the City's Public Facilities Policy. Recommended Cond11ions of Ap p r o v a 1: 1) the Final 'Map shall be submitted for approval within one year from the final action by the City Council on the tentative subdivision map. The Final Map shall be in substantial conformance of the Tentative Subdivision Map k.nowri as Exhibit A, dated November 4', 1974. 2) 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 arid restrictions of all municipal ordinance 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. 3) 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. Improvement plans for water and sewer systems shall meet the requirements of the respective service districts. 4) All land and/or eu^e^ri.cs required by this Ordinance 'shall bo granted to tho City of Carlsbad vrit.bout cost to the City and- free of all liens and encumbrances. No easements shall be recorded prior to approval of . the Final Hap unless approved by the City Engineer. 5} All utilities, including provisions for cable TV, shall be placed underground arid/or shall be completely concealed from viev/. 6) Ornamental street lighting shall be provided for as rc- q u i r o d by f i u n i c i p ?. 1 0 r d i n a. n c e C ode. I he d e v e 1 o p e r s h a 11 post a bond and/or cash in the amount necessary to energize said street lights for an eighteen Month period after construction, to permit the incorporation of the subdivision into a maintenance district. This shall be done prior to approval of Final Map. 7) The improvement plans shall include a report of a geological investigation and a complete grading plan of the entire site v/han required by the City Engineer. The report and plan shall be prepared by Civil Engineers licensed by the State of 'Cal i fornia» arid experienced in erosion control. S-aid Engineer shall certify-that they have investigated the site and prepared data with full consideration of the consequences to the included and neighboring properties and con fora to the standards of the Geological Safety Element of tha General Plan. 8) All"si ones created as a result of this development shall not exceedci 2:1 slope. 9) Ingress and Egress along the property line bordering' p-jbl ic street right of way for all lots shall be dedicated, except at location as specified by the City Engineer. Dedication shall be made prior to approval of Final Map.. 10) '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. 11) installed prior to framing construction. 12) Park-In-Lieu Fees shall be granted to the City concurrent with City Council approval of the Final Map. -2- 13) Street erees, when required by the City, shall be installed by the applicant at hi r. expense. Troas shall be of a ty^e aporovad by the 'Part's 'Jepartiiient and sho-l'l be '] n s t a lied to 1h e i r sped f 1 c a 11 o n:,. I f r e rn o v a 1 o f a riy existing trees is require c! b y t h e C i t y , s a id r e; o o • / -\ 1 K !; .. • ] 1 be at the applicant's expense-. It shall be the res puns -I bi 1 i ty of the applicant to make all arrangements with the Parks Department concerning the requirements of this condition.. These arrangements are to be rnade prior to approval of the Final Map. 14) The C.C. u R's for this development shall be submitted to the Planning Director for review and approval prior to the approval of Final Map.- 15) Should the vacation of Sequoia be approved by the City Council, the applicant shall be responsible for the fo'Movmtg: a) Removal of existing pavement and street improvements; b) Construction of a Cul de sac turn around with a 40' radius; c) Construction of a 10' vn'de paved bicycle lane and • walkway through to Carlsbad Blvd. which could also serve as a utility maintenance vehicle access; d) The installation .of landscaping over the remainder of the vacated street. 16) Should the vacation of Sequoia not be approved by the City Council, the applicant shall be responsible for street 'improvements and dedication of five feet on both sides of Sequoi a . 17) The applicant shall offer to the City an Open Space Ease- ment for public access and recreation purposes over the western half of lot 2 (comprising an area of 60' x 100') concurrent with City Council approval of the Final Hap. This Open .Space Easement shall be improved accordimi to the Plan labeled Exhibit B, dated 11-4-74. 18) Tha applicant shall execute a future agreement to install complete half street improvements to Carlsbad Blvd. a.lony subdivision frontage. This shall be accomplished prior to final map approval. III. BACKGROUND: . i A- k9_?At.l£Il:' On thG east side of Carlsbad Blvd., between TauiaTdck" and one lot south of Sequoia Avenue. -3- H. I.oq.-\J ::-v r[^ti_o;i: All of lots. 1, "^and 13 of Bloc;' ! and a'!'! erf lo:s" i through 6 inclusive and lo, 20, Bloc!- H of ?a "i ; sides according to iiap iio. 1747 filed v/ith . tha San Die-go Co;;n i;y Re oo r-de ;•. c- S_i_t_e__C-2;;cr1 tr!;1_o_ii: The site his three existing single family 'houses'."""" YhVl and slope:; dovjn to Sequoia Avenue and Carls had Blvd. and is generally devoid of vegetation. D- fJl'ii^vL^^lJ^LiCJ:!^-1 "*"•'- Project v/ill create a 2-lot suh- u i v i s i o ;i. T h s f i r s ;: lot \'/ ill have 21 c o ri ci o u ii i t ~. . The 2r;cl 1 o L vn 11 have 3 units and, par Coastal COkani ssion requi i^s.iant.s, an -Open Space Ease,:iairc v.'hlch is to b2 offered to tr.o Citv. Subject Property: RO~M North: • R-3 and C-2 South: R-3 East: R-2 and R-3 West: L-C (State Beach) ?' Surrounding Land Use: The project is in an area v/hich is slov;ly undcTr goring conversion from single family to niulti- fD.nvily. Limited commercial activity is locatt'd to the north of the site. G. General __ Pla_n_ ^.cojnirrsnclajn on _: The General Plan shov/s the sub- ject" property a's'fiigh Density Residential at- 20-30 dwelling units per acre. The applicant is proposing a density of 18.5 dwelling units per acre. H. i n c 1 u d G : 1 ) Gaol o g i_c_ In p a.£_t_s : The project's v.' e s t e r n b o u n d a ry h a s a " 1 0 -1 5"" f o o t b •:. n k w h I c h v; i 11 require s p e c i a 1 erosion control measures. 2) VJ_s_ual !i"PAcJL§.: The r'se °~* "t!lG property above Carl s b a~d Lf'l v d . com p o u n d s t h e vis u a 1 i in o act o f ?. 3 story structure. v;hi ch i s proposed. Adjacent properties have lov;er structures although the area is in conversion to multi-story structures. The attractiveness of the structures and utilization of landscaping and greenbelts can help to win'iniize visual impacts. LLiL/iJ (L_fuy:_ Circus! a J-i.0!-. • T'"'- trips generated by proj.erft iri'rradd 2To "ifrips nor day to the existing 5-5,000 trips par day on Tamarack Avenue. Tamarack is a! most at its design capacity and widening is im- minent. The applicant will be dedicating 42' for th 2 v; i d s n i n g of T a ma r a c k . There are two alternatives for Sequoia Avenue, as it relates to the site. The Coastal Commission, as -a condition to their permit for the project, required that the applicant request the City to vacate Sequoia and provide a turn around or Cul de sac. Staff be- lieves that this alternative would lessen traffic on Sequoia and also el iini nate ' hazardous movements on to Carlsbad Blvd. If the v a c a t i o n i r> not a p p r o v a d , . a 5' dedication along Sequoia would be required. * • £fL!l^ _QjC_^ Inance Requ Tjiejriejjj: s_ : The Parks Ordinance r e q u i re s that in-fieu fees be" paid for all subdivisions with loss than 50 units. This development may qualify for a 25% reduction of in-lieu fees for onsite recreational facilities 3' Public F a c i 1 i t i e s P o lie y : The Carlsbad Unified School District has submitted a letter stating that school facilities will be available to serve the project. IV- MAJOR PLANNING CONSIDERATION: The Planning Commission should bear in mind that the subject application is a subdivision, not a site develop me n t plan. All i n f o r m.a t i o n p e r t a i n i n n to.bedroo in count and project design is incidental and has been included for information purposes only. Critical concern s are : H o w w ill the project affect t r a f f i c circulation? How will the project affect the neighborhood's envi romnent? v- MJLtP_Bl: A zone change from R-3 to RD-M, a tentative map and an Environmental Impact Report were approved by the City Council for the subject property in September of 1973. The Coastal Commission acted on the Seaview project in March, 1974. Their approval cut the total units from 50 to 24 and made the following additional requirements:' A. The applicant was required to dedicate to the City an Open Space and Public Access Easement over the western half of the parcel immediately south of Sequoia, comprising an area approximately 60' x 100'. . •vN B. Permission to build 3 units over the Open Space area described above w o u 1 d only be granted if land on the ad- jacent development (Carlsbad Beach and Tennis Club) were dedicated to the City. -5- C. Ths applicant w,.-;:; to npke a ''good fai'th effort" to .obtain periTri EL-ion frot-.i the City fa'- c'! o i i n c; of Sequoia Avenue. Pedestrian and bicycle access--through the closaci portion v;as to ba required. In Novc: mbi r, 1974 , a rcquc21 bef oy^e tha Ci ty Coui?ci 1 -for extension or t n a Sea v i e v/ t e n t a t i v e in a p f a i 1 c c!. T11;; C o u n c i 1 instructed tat applicant to refile Q teutativo m?p v/hicii conTorinsd to tha prcjc.ct as revised by the Coastal C.oi;i;ni ssi on. This tentative map is the result of that instruction. VI- INCIDEliTAL INFORMATIOH: A. Nj^jLnjjOjrl!!1 24' • B- Bodroon Count: All 2 bedroom c- Unit Sixo: 1,008 - 1414 sq. ft. . . DM/vb 12-5-74 ATTACHMENTS: Plot Plan, Exhibit A 11-4-74 School Letter - 11-5-74 -6- :-- ]1 7 T >;T •.(•--' r •-•-,.-- ui l^ J ;.'/J . "AN AM-lliMAlfVt: ACVIUN l-Mt'LO Y I.!!" SOI .PINE AVENUE.-- • / ••• CAKLStiAD. CALIFORNIA «: 1374 CITV OF November 5, 1974 Reference: CT 72-33 Saaviov: C 24 Uni-s i . j:ayor l-.-jberc C. Fra^e1?. and Mer.ib-irs cf th^ City Council City of Carls!>sid '1200 Elm Avenua ' CarIsb:iJ, Cali.forriia 92GC/3 Attention': Tirs. I'arsnrst Ads?s, City Clevk Ce;:t1 enen: • fyur district lins rc-.vic-.-retl ths proposed 24-unit: condoniiiiiuia development gsrier:;lJy locate.! r:. tlm s?ast fjic!e cf Carlsbad SoulcvaVd, bctvsen l,:.:nnruc!c A.van :.:.?. civ:! Sequoia Avcuuv* as referenced above ur.d has 2val:iaf-ecl ti'.a imnact of that development or. -the facilities of our. district. . ' flaniits be iaforci-id that our district is able to assure you that scliocl .facilities ?.r-d sarvicss will be available concurrent with r.esd for this deveiup.-aaut as it is presently propciad. Ver)* tr'.'lv yours. . District 3;:pt2cintcnder. Mr. Dou.=».l-.i :'.. Aj.aucp. City Plannlnn, lie. Siispii •::»'0. V-.i';his\ ., WoveVon-jr 720-97.91 MEMORANDUM December 23, 1974 TO: CITY MANAGER FROM: . PLANNING DIRECTOR SUBJECT: PLANNING COMMISSION ACTION CT 72-38 Stephen Q. -Abbey The Planning Commission at it's November 26th meeting recommended approval of the subject tentative subdivision map. Part of the application involves a request to vacate that portion of Sequoia Avenue fronting the project. The State Coastal Commission requested the applicant to make every effort to vacate Sequoia Avenue. The Planning Commission was given project alternatives: with vacation, without vacation. The Staff recommended vacating the street so as to eliminate potential traffic hazards generated by the Sequoia Avenue/Carlsbad Blvd. intersection. The Planning Commission after discussion, was satisfied the project met City requirements and recommended approval of CT 72-38 as revised with or without the street vacation. If the Council approves the tentative map' as submitted by the Planning Commission, it will be necessary to hold a public hearing on the requested street vacation before formally approving the tentative map. There were a number of property owners in the Sequoia Avenue/Garfield Street area who were opposed to the proposed vacation. The Staff recommends that the City Council: 1) Announce their intent to approve the tentative map; 2) Return the matter to the City Attorney for preparation of necessary documents; 3) and set the requested s.treet vacation to public hearing. i. Agatep DAA/vb 1 PLANNING COMMISSION RESOLUTION NO. 1121 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING THE TENTATIVE MAP TO ALLOW A 2-LOT CONDOMINIUM SUBDIVISION ON 1.3 ACRES ZONED RD-M AND LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN TAMARACK AVENUE AND ONE LOT SOUTH OF SEQUOIA AVENUE. CASE NO. CT 72-38, APPLICANT: STEPHEN Q. ABBEY 6 7 WHEREAS, a verified application for a certain property, to wit: 8 All of lots 1, 2 and 18 of Block 1 and all of lots 1 through 6 inclusive and lot 20, Block H of Palisades according to Map 9 No. 1747 filed with the San Diego County Recorder, and further described in the files of the Carlsbad City Planning Department, 10 11 has been filed with the City of Carlsbad and referred to the Planning 12 Commission; and 13 • WHEREAS, said verified application constitutes a request as provided by 14 Title 21 of the "Carlsbad Municipal Code"; and 15 WHEREAS, the applicant has complied with the Public Facility Policy of the 16 City of Carlsbad and .has provided the necessary information which insures 17 Public Facilities will be available and current with need; and 18 WHEREAS, the subject application has complied with the requirements of the 19 City of Carlsbad "Environmental Protection Ordinance of 1972"; and 20 WHEREAS, said Commission considered all factors relating to the Tentative• 21 Map and found the following facts and reasons to exist: 22 i. The project conforms to the Carlsbad Municipal Code and General Plan. 23 2. The project meets all requirements of the subdivision map act. 24 3. The project meets the City's Public Facilities Policy. 25 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of 26 Carlsbad as follows: 27 A) That the above recitations are true and correct. 28 B) That a Tentative Map is approved to allow a 2-lot condominium sub- division on 1.3 acres zoned RD-M and located on the east side of 29 Carlsbad Boulevard between Tamarack Avenue and one lot south of Sequoia Avenue, and subject to the following conditions: 30 , 1) The Final Map shall be submitted for approval within one year 31. from the final action by the City Council on the tentative subdivision map. The Final Map shall be in substantial con- 32 . formanee of the Tentative Subdivision Map known as Exhibit A, dated November 4, 1974, on file in the Carlsbad City Planning Department. 1 2) The development of the property described herein shall be subjec to the restrictions and limitations set forth herein which are 2 • in addition to all the requirements, limitations and restrictions of all municipal ordinance and State and Federal 3 statutes now in force, or which, hereafter, may be in force for the purpose of preserving the residential characteristics of 4 adjacent properties. 5 3) All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the 6 Subdivision Ordinance and other City Standards, to the satis- faction of the City Engineer, without cost to the City of • Carlsbad, and free of all liens and encumbrances. Improvement plans for water and sewer systems shall o.°et the requirements ** of the respective service districts. 4) 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 approval of the Final Map unless approved by the City Engineer. 5) AI.] utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view. " 6) Ornamental street lighting shall be provided for as required by Municipal Ordinance Code. The developer shall post a bond and/ or cash in the amount necessary to energize said street lights for an eighteen month period after construction, to permit the incorporation of the subdivision into a maintenance district. This shall be done prior to approval of Final Map. __ . 7) The improvement plans shall include a report of a geological * investigation and a complete grading plan of the entire site when required by the City Engineer. The report and plan shall be prepared by Civil Engineers licensed by the State of 2Q California, and experienced in erosion control. Said Engineer shall certify that they have investigated the site and prepared data with full consideration of the consequences to the includec and neighborhing properties. 22 8) All slopes created as a result of this development shall not 23 exceed a 2:1 slope. 24 9) Ingress and egress along the property line bordering public street right of way for all lots shall be dedicated, except at 2Q location as specified by the City Engineer. Dedication shall be made prior to approval of Final Map. 26 10) 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 con- 23 dltions of approval. 29 11) 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 f>6ws 'and dry-stand pipes shall be installed prior to framing construction. 32 . -2- 1 12) Park-In-Lieu Fees shall be granted to the City concurrent with City Council approval of the Final Map. 2 13) Street trees, when required by the City, shall be installed by 3 the applicant at his expense. Trees shall be of a type approved by the Parks Department and shall be installed-to their 4 specifications. If removal of any existing trees is required by the City, said removal shall be at the applicant's expense. It 5 shall be the responsibility of the applicant to make all a with the Parks Department concerning the requirements of this condition. These arrangements are to be made prior to approval of the Final Map. 14) The C.C. & R's for this development shall be submitted to the8 Plar.rn'ng Director for review and approval prior to the approval of Final 'Map. 15) Prior to approval of the final map by the City Council, a public hearing will be conducted to assess the requested vacation of Sequoia Avenue: a) In the event the vacation of Sequoia Avenue is approved by the City Council, the applicant shall be responsible for ,, the following: J.O I , . 1) Removal of existing pavement and street improvements; ._ 2) Construction of a cul de sac turn around with a 40' •L0 radius; • 3) Construction of a 10' wide paved bicycle land and walk .- way through to Carlsbad Boulevard which could also serve as a utility maintenance vehicle access; 18 4) The installation of landscaping over the rensinder of TO the vacated street. 20 b) In the event the vacation'bf Sequoia Avenue is not approved by the City Council, the applicant shall be responsible 21 «i for the dedication of five feet on both sides of Sequoia Avenue, and shall be responsible for full street imprcve- 22 ments within the public right of way. 23 16) The applicant shall offer to the City an Open Space Easement for public access and recreation purposes over the western half 24 of Lot 2 (comprising an area of 60' x 100') concurrent with City Council approval of the Final Map. This Open Space Easement •shall be improved according to the Plan labeled Exhibit B, dated 11/4/74. 26 17) The applicant shall execute a future agreement to install com- 27 plete half street improvements to CArlsbad Boulevard along sub- division frontage. This shall be accomplished prior to Final 28II Hap approval. 29 PASSED, APPROVED AND ADOPTtT) at a regular meeting of the City of Carlsbad 30 Planning Commission held on December 10, 1974 by the following vote, to wit: 31 3211 -3- 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 AYES: Commissioners Watson, Wrench, L'Heureux, Jose, Casler NOES: None ABSENT: Commissioner Fikes ABSTAIN: Commissioner Dominguez Mary Casler, Chairman ATTEST: Donald A. Agatep, Secretary -4- , \ i i 3 CO M C >--- 3 O M ' --J^''-'-:^^^ -* :/TY Or CARLSBAD PLANNING DEPT€ ',,,'" ~.-" -"o '-".,/" fj V^f1 /!H';f:'l!l ":1"J ,M'l\'-••••^ c--'- *'2~±>-<3- >^i '( f;-.:••••..•.•:.-i-.'-.;/ri ;i i-i • /;•> r{ ^Kn.| Vv-l «1 Pi n DECISION OFREGIO?:AL CO?'2'IISSIOjI: PEHMIT APPLICANT: CALH-ORNIA COASTAL ZONE CONSERVATION COMMISSION 1540 Market Street, San Francisco 94102—(415) 557-1001 STAFF RECOMMENDATION . ...,' . . Appeal No. 45-74 (Sea View) 60th Day: 4/19/74 (Extended at request of applicant) Permit granted by San Diego Coast Regional CouKiission E. Jaaes Bear, Sea View Condominiums' ' . LOCATION: DBVELOPI-IEMT APPELLANT: Intersection of Tamarack and Sequoia Aves., Carlsbad, County of San Diego (Exhibits 1 and 2) 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 ) . . - - San Diego Coastwatch PUBLIC HEARING; March 20, 1974, in Los Angeles .STAFF aECOI-2-SNDATIOir; The staff recommends that the Commission adopt the following resolution: I. Approval • . . A. The Commission hereby'approves a permit for a modified project, subject to the conditions below, on the basis that the project, as conditioned, vrould not have any substantial adverse environmental or "ecological "effect and would be consistent vrith 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 60'x 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 Parking.. Applicant shall reduce the total number of units to 24 units. The remaining 3 units of the development (reduced frcm 23 units overall to 27 units) may be built in the area described in A above provided, however, that the aroa 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. ••_ -2- C. Landscaping Plans and Bond. Prior to the coa-.^ncement of construction,. \ applicant shall submit landscaping plans for the project, 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 Cicy of Carlsbad for review and approval and shall be bonded in an amount satisfactory to the City of Carlsbad prior to submission to the Executive Director of the State Commission. D. Landsc aping Malntenance. In the event that the City of Carlsbad doss no- 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 condordniud homeowners association. Prior to the commencement of construction, applicant shall sub- ; mit the proposed CCicR's for the maintenance obligation to the Executive Director of the i State Commission for review and approval. • \ . j E. Archit getter al_ Plans. Prior to the commencement of construction, applicant- ;' shall submit final architectural plans to the Executive Director of the State Cornnis'oion : for review and aooroval. jj! IF. Possible Closing of Sequoia _Ave.^ Applicant may not commence construction !| •until all the above conditions have been fulfilled and until 60 days have elapsed after •' .the issuance of the permit. During the 60-day period, applicant shall make a good i faith effort (to be attested by the City of Carlsbad) to obtain the approval of the City I' of Carlsbad for the closing of Sequoia Ave. and the conversion of .the closed portion of i the street into a public use area including an extension of. the pedestrian and bicycle j. paths.. III. 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., 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 Carlsb between Buena Vista and Agua Hedionda Lagoons (KLitgaard, Appeal No. 40-73? Royal Palnis Appeal No. 24^-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 residential use to a medium-density condominium and apartia-snt use? In an. area in which there is no ,, interest in major park acquisitions, how can development be coordinated to assure the t 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 by the Act? The problem of coordinating more than one project to maximuze public use area£ is somewhat more complicated than in areas such as the southern Orange County coast \ Vihere developers are utilizing large, open areas (Grant, Appeal No. 116-73; F. Smith, : Appeal No. 247-73), and street patterns and other controlling factors can be adapted to ? provide public access, open space or other features required for approval under the Act 4 In spite of site planning and land assembly problems, opportunities do exist in the i already developed areas for creating meaningful public use and/or coastal access facili- ties. . . •••... In the subject appeal, the applicantfs site is small and is separated into two parts by an existing street. The applicant has created a sketch plan which illustrates j 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 I the proposed project are developed. Conditions A and B have bean drafted to provide I the applicant with a strong economic incentive to,in fact, coordinate the parcel to the 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 recent- 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/ac. 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. 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., without 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 whic/i would attend a significant increase in the intensity cf development in this ar^a, and because of an absence o: 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« •