HomeMy WebLinkAbout1975-05-20; City Council; 3376; Request for approval of tentative map CT 74-25CITY OF CARLSBAD V __,„ --"
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DEPARTMENT: Planning ;- - —- --- - •-- ••• - -•— -'- ••---••--- - \^0 WyjT •5
Subject:
REQUEST FOR APPROVAL OF TENTATIVE SUBDIVISION MAP (CT 74-5J5)
Statement of the Matter
The Planning Commission is recommending denial, without prejudice,
a tentative subdivision map (CT 74-25) on 47 acres located on the
east side of El Camino Real between Elm Avenue and Marron Road,
for reasons outlined in Planning Commission Resolution No. 1149.
The parcel is currently zoned Planned Community (P-C) and has an
adopted Master Plan (MP-123) and Specific Plan (SP-124).
Exhibits;
Planning Commission Resolution No. 1149
Memorandum to City Manager, May 12, 1975
Memorandum to City Manager and Public Works Adminstrator, May 13, 1975
Recommendation
This matter went before the Planning Commission under the old
Subdivision Ordinance which did not require notice of a public
hearing. In the interim the new Subdivision Ordinance was adopted
which requires that these matters be set for public hearing. While
this does not affect the process before the Planning Commission in .
- this instance it will require a public hearing before the City
Council.
The matter is before you now in order to meet certain time criteria
set forth in the Subdivision Ordinance but the only action required
is for the Council to instruct the City Clerk to set it for hearing
at the June 3, 1975 Council meeting.
The staff is meeting with the developer in an attempt to resolve
several issues which relate to the alignment of Elm Avenue. It
. is possible that the developer will ask for a continuance of this
matter beyond the June 3, 1975 date. If that continuance is
requested, we will specify a new date for the public hearing.
Council Action
5-20-75 In accordance with a letter received from Larwin - San Diego Inc.
dated May 20, 1975, the matter was referred back to the Planning
Commission for a public hearing on the matter..
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PLANNING COMMISSION RESOLUTION NO. 1149
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA RECOMMENDING DENIAL WITHOUT
PREJUDICE OF THE TENTATIVE SUBDIVISION MAP REQUEST
FOR A 211-LOT SUBDIVISION OVER 47 ACRES LOCATED ON
THE EAST SIDE OF EL CAMINO REAL BETWEEN ELM AVENUE
AND MARRON ROAD, ZONED P-C. CASE NO. CT 74-25,
APPLICANT, LARWIN-SAN DIEGO, INC.
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on April 22, 1975, hold a duly noticed public hearing to con-
sider a request by Larwin-San Diego, Inc.; and
WHEREAS, a verified application for a certain property, to wit:
A portion of Lot "J" in Rancho Aqua Hedionda in the County of
San Diego, according to partition map thereof No. 823 filed
with the San Diego County Recorder November 16, 1886, and
further described in the files of the Carlsbad Planning Department,
has been filed with the City of Carlsbad and referred to the Planning
Commission; and
WHEREAS, said verified application constitutes a request as provided by
the "Carlsbad Municipal Code"; and
WHEREAS, at said hearing a staff report was presented and all persons
desiring to speak on the subject request were heard. At the conclusion of
said hearing, after considering all the evidence presented, the Planning
Commission made certain findings and reached a decision on the request as
hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the above recitations are true and correct.
3} That the Planning Commission makes the following findings of fact:
The proposed map is not consistent with applicable Specific Plans,
because:
1. The applicant has not complied with the requirements of the
approved Specific Plan to enter into an agreement for full
half street improvements on Elm Avenue.
2, The subdivision is incomplete and unfuncf'onal without the
inclusion of the five acre square parcel shown at the inter-
section of Elm Avenue and Appian Road.
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C) That in view of the findings heretofore made and considering the
applicable law, the decision of the Planning Commission is to deny
Case No. CT 74-25 without prejudice.
PASSED, APPROVED AND ADOPTED at a regular meeting held on the 22nd day of
April, 1975 by the Carlsbad City Planning Commission by the following vote, to
wit:
AYES: Commissioners Fikes, Jose, L'Heureux, Packard, Watson, Wrench
NOES: Commissioner Dominguez
ABSENT: None
ABSTAIN: None
Gary Wrench, Chairman
ATTEST:
Donald A.~Agatep, Secretary
-2-
MEMORANDUM
May 12, 1975
TO: CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT: LARWIN REQUEST FOR TENTATIVE SUBDIVISION MAP APPROVAL
Planning Commission heard the proposed tentative subdivision map CT 74-25
April 22, 1975. Result of that hearing was to deny the proposed tentative
map without prejudice.
Planning Commission denial stemmed from the question that has been raised
with respect to Elm Avenue alignment. Staff had recommended the tentative
map be tabled until hearings on the specific plan for Larwin (SP-124) had
been conducted. The hearing on the specific plan is intended to review
the alignment and improvement of Elm Avenue and conditions; which, in the
staff's opinion, need to be satisfied prior to the tentative map being
heard, or must be satisfied as part of the tentative map approval.
The Commission unanimously approved a motion to table the tentative map
and renotice the hearing after the question of Elm Avenue in the Specific
Plan had been answered. The applicant would only consent to a thirty-
day continuance and therefore the matter was returned to the table and
denied unanimously without prejudice.
The Planning Commission then requested Staff to set to public hearing
Specific Plan No. 124 - Larwin (Tanglewood).
Therefore, Larwin Specific Plan as forwarded by the Planning Commission,
has not been completely reviewed by the Planning Commission nor have the
alternative Elm Avenue alignments as they affect the proposed tentative
map been evaluated by the City. It would seem an appropriate course of
action for the Council to table CT 74-25 until resolution of Elm Avenue
has been achieved.
If you have any questions regarding this matter, please contact this office.
Donald A. Agatep|\
DAA/br
MEMORANDUM
May 13, 1975
TO:
FROM:
SUBJECT:
CITY MANAGER AND PUBLIC WORKS ADMINISTRATOR
DONALD AGATEP
LARWIN TENTATIVE MAP REQUEST (CT 74-25)
The subject request for tentative map approval was submitted to
the City of Carlsbad on February 3, 1975, set for hearing before
the Planning Commission on March 11, 1975. At Larwin's request
the matter was continued from March 11, 1975 to March 25, 1975,
so as to satisfy staff concerns regarding improvement agreements
for Elm Avenue. The matter was again continued with concurrence
of the applicant, from March 25, 1975 Planning Commission meeting
to April 22, 1975 Planning Commission meeting. The general reason
for that continuance was to receive City Council direction with
respect to the Elm Avenue Alignment question. The matter was then
returned on the 22nd of April with staff recommendation of tabling
providing that the applicant concurred with the staff recommendation.
It was recommended by the staff that the Planning Commission
with the applicants consent table the Larwin request for tentative
map hearing until such time the question of Elm Avenue had been
resolved. By unanimously approved motion, the matter was tabled,
however, the applicant did not concur and would only agree to a
30 day continuance. At the recommendation of the City Engineer
the matter was denied because the Planning Commission would have
not made a decision within the necessary 50 days from application.
The Planning Commission therefore unanimously denied without pre-
judice the request for tentative map approval.
In summary, an application was filed on February 3, 1975, decision
to continue at applicant's request was made March 11, 1975 (36 days),
subsequently continued to March 25, 1975 (50 days) at applicants
request. Again at the applicants request continued to April 22, 1975
(78 days) before final decision by the Planning Commission was
rendered.
If the City Council must act within 30 days of the Planning Commission
decision, City Council must act at its May 20th meeting pursuant
_£he recently j-dapjted, subdivision ordinance
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