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HomeMy WebLinkAbout1977-03-01; City Council; 4085; Tentative map condominium project in La CostaCITY OF CARLSBAD AGENDA BILL NO. *Initial: Dept.Hd. /a/ RP __ c_ Atty. /s/ VFB DEPARTMENT: PLANNING C. Mgr. /s/ PDB Subjects Tentative Map Request CT 76-13 N.W. side of Gibraltar, Applicant: Samuel W. Pearlman Statement,of the Matter This 3 lot condominium project in La Costa was denied without prejudice by the Planning Commission because the applicant did not comply with the City's public facilities requirements of the General Plan as it relates to school facilities. The Planning Commission heard this item on four occasions, beginning on November 8, 1976, allowing sufficient time for compliance with the Public Facilities Element of the General Plan. Staff had recommended approval at the November 8, 22, and December 8, 1976 hearings with the assurance from the applicant that all problems relative to schools would be resolved. However, prior to the February 9, 1977 hearing, the applicant indicated that he would not be able to resolve the problem and agreed by phone that the map be denied without prejudice. He will resubmit the application at a future date. Exhibit Planning Commission Resolution No. 1321 Staff .Report of February 9, 1977 Letter from Samuel Pearlman dated January 26, 1977 Staff Report, December 8, 1976 Location Map Exhibit A, dated October 1, 1976 Recommendation That the City Attorney be directed to prepare documents for denial without prejudice, CT 76-13 as per Planning Commission Resolution No. 1321. ' . - . Council Action: 3-1-77 It was agreed by the Council that the request by the applicant to withdraw his application for .a Tentative Hap, be granted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1321 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING WITHOUT PREJUDICE A TENTATIVE MAP REQUEST FOR A 3-LOT, 16-DWELLING UNIT CONDOMINIUM PROJECT, ON PROPERTY LOCATED ON THE NORTH- WESTERLY SIDE OF GIBRALTAR STREET BETWEEN ROMERIA STREET AND SAN MARCOS CANYON. CASE NO.: CT 76-13 APPLICANT: SAMUEL W. PEARLMAN WHEREAS, a verified application for a certain property, to wit: Lots 378 through 381 inclusive of La Costa Unit No. 5, in the City of Carlsbad, in the County of Sari Diego, State of California, according to map thereof No. 6600, filed in the office of the County Recorder of San Diego County, March 10, 1970. hus been filed with the City of Carlsbad and referred to the Planning Commission; and '"" WHEREAS, said application constitutes a request as provided by the "Carlsbad Municipal Code;" and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did on February 9, 1977, hold a duly noticed publ.ic hearing to consider the request by Samuel W. Pearlman, and WHEREAS, at said public hearing, upon hearing and consider- ing the testimony and arguments of all persons who desired to be heard, said Commission considered all factors relating to the Tentative Tract Map (CT 76-13) and found the following facts and reasons to exist: The application is not consistent with the Public Facilities Element of the General Plan because: XXXXXXXXXX XXXXXXXXXX C 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 1) The applicant did not comply with the City's public facilities requirements of the General Plan as it relates to school facilities. ^ 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. B) That a tentative tract map (CT 76-13) is denied without prejudice for a 3-lot, 16-dwelling unit condominium project on property located on the northwesterly side of Gibraltar Street between Romeria Street and San Marcos Canyon. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on February 9, 1977, by the following vote, to wit: AYES: Commissioners Larson, Rombotis, Fikes, Jose and L'Heureux. NOES: None. ABSENT: Commissioner Nelson. "*• ABSTAIN: Commissioner Watson. IC LARON, CHAIRMAN ATTEST: RALPfl S. PLENDER, SECRETARY -2- MEMORANDUM February 9, 1977 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO: C.T 76-13 APPLICANT: SAMUEL W. PEARLMAN REQUEST: APPROVAL OF A 3 LOT, 16 DWELLING UNIT CONDOMINIUM PROJECT. This item was continued from "the December 8, 1976 Planning Commission meeting to allow the applicant additional time to reach an agreement with the Encinitas Union School District. The item was continued twoprevious times (November 22 & November 8), for the same reason. The attached letter received of the applicant indicates no agreement has been made. Staff has been informed by the school district that there has been no administrative problem at the district level that would necessitate delays. Staff, therefore, recommends the request (CT 76-13) be DENIED WITHOUT PREJUDICE. At such time that the applicant settles negotiations with the school district, a reapplication would be in order. The December 8, 1976 staff report is attached for your information. TH:ar Attachments: Letter from Mr. Pearlman Staff Report, dated December 8, 1976 Location Map. SAMUEL W. PEAB.LMAN C'epTIFlEC) PUBLIC ACCOUNTANT •" S^jeOI C&MTURY PARK EAST LOS ANGELES, CALIFORNIA S3OO67- TELEPHONE (2131 B52-I3OO January 26, 1977 Mr. Tom Hageman Planning Department Ci ty of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re; #76-13 Dear Mr. Hageman: It is with considerable reluctance that I write this letter. At the meeting on December 8, 1976, I had requested contin- uance to February 9, 1977, anticipating that the elapsed period would provide sufficient time to finalize certain matters before proceeding with the public hearing. These matters have not as yet, but feel certain that they will soon be resolved, and regretfully petition for an indefi- nite continuance. My sincere apologies to the planning commission for whatever inadvertent annoyance I have caused. Incidentally, the project involves four lots - nos. 378, 379, 3"80, 381. The reference in recent correspondence I have received - " 3 lot, 16 dwelling ". Is this description to be changed ? Sincerely, >amuel W. Pearlman SWP:se DECEIVED JAW 2 8 1977 CITY OF CARLSBAD Planning Department STAFF REPORT . December 8, 1976 . TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO.: CT 76-13 APPLICANT: SAMUEL W. PEARLMAN RJE_QUE^J_: Approval of a 3 lot, 16 dwelling unit condominium project. SECTION I: RECOMMENDATION Staff recommends APPROVAL of Carlsbad Tract 76-13 for the following reasons and subject to the following conditions: FINDINGS 1} The proposed map is consistent with the General Plan because: a) The Land Use Element designates the site for residential land use at 20-30 dwelling units per acre. The project provides about 13 dwelling units per acre. 2) The design or improvement of the proposed subdivision is con- sistent with the General Plan because: a) The project will provide orderly residential development; and b) The project will not cause excessive expansion of public facilities and/or expense to the taxpayer. 3) The site is physically suitable for the type of development be- cause: a) The site has been rough graded, creating' building pads; and b) - All significant public improvements are existing, including street improvements. 4) The site is physically suitable for the proposed density of development because: a) Dwelling units to be provided per acre are- consistent with General Plan density; and b) All pre-building site preparation has been accomplished previously. . 5} The design of the subdivsion or the imposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because: a) A negative declaration has been issued for the project based on the following findings: 1) The site has been graded and building pads created; 2) Provision for adequate drainage has been created; and 3) No vegetation exists on site. 6) The design of the subdivision or the type of improvements are not likely to cause serious public health problems because: a) Conditions of approval will insure adequate public health .facilities; and b) Public sewer and water facilities are available to the site. 7) The design of the subdivision or the type of improvements will not conflict with easements required by the public at large for access through or use of property within the proposed subdivision because: a) Storm drain easements, will becreated to the satisfaction of the City Engineer. 8) The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs, coastlines or shorelines because: a) The subdivision does not front on any of the above. CONDITIONS 1) The approval is granted for the land described in the application and any attachments thereto and as shown on the Plot Plan submitted labeled Exhibit A, dated October 1, 1976. Th.e location of all road- ways, parking areas, landscaping and other facilities or features shall be located substantially as shown on the Plot Plan, Exhibit A, except or unless indicated otherwise herein. 2) Final Map shall be completed within 18 months from the date of final City Council action on the Tentative Subdivision Map. Two extensions of one year each may be approved by the City Council upon staff review of the original decision. 3) Park-in-lieu fees will be required to the satisfaction of the Parks and Recreation Director prior to Final Map issuance. -2- 4) ..During construction, existing street trees will be protected and preserved to the satisfaction of the Parks and Recreation Director. 5) A standard handicapped ramp shall be provided in the existing sidewalk across from the southeasterly corner of Gibraltar Street and Romeria Street. SECTION II: BACKGROUND Location and Description of Property: The 1.3 acre parcel is generally rectangular in shape and backs up to the La Costa golf course. The entire site has been graded and building pads created. The parcel is relatively flat. All street improvements have been installed on the site's street frontage and the surrounding area. The improvements and grading were presumably accomplished previous to the annexation of La Costa area to the City (La Costa South Unit No. 5) Existing Zoning Subject Property: RDM (RH, 20-30 dwellings/acre) North: Planned Community South: RDM East: Planned Community West: Planned .Community ExistingLand Use: Subject Property: Vacant North: Golf Course South: Vacant East: Vacant West: Golf Course Past History and Related Cases: The parcel was subdivided under the County of San Diego jurisdiction, under La Costa South Unit 5. Environmental Impact Information: The project has been found to have a non-significant impact on the environment for the following reasons: 1) The site has been graded and building pads created; -3- 2) Provision for adequate drainage has been created; and 3) No vegetation exists on site'. Genera1 P1 an I n fo rm a t i o n : The Land Use Element of the General Plan designates the site Residential High Density (20-30 dwelling units per acre). Public Facilities: Water and sewer service are available to the site by the Carlsbad Municipal Water District and Leucadia County Water District respectively. Major Planning Consideration: Is the proposed subdivision consistent with the General Plan? DISCUSSION Staff considers this project a substantially established situation. The parcel has been graded and otherwise prepared for development for some time. All necessary street improvements, with the exception of a wheel chair ramp, have been installed and are acceptable to the City Engineer. The density requested is within the range allowable under the Land Use Plan Map of the General Plan. TH:mdp (10/27/76) Attachments: Location Map Exhibit A, dated October 1, 1976 NOTE: The applicant intends to process the subject project through a Parcel Map procedure rather than a Final Map (Major Subdivision) procedure pursuant to the State Map Act Section 66426(A). The City Engineer has determined that this request and process are acceptable for the subject subdivision. -4- Case No.<^r%-/3 Date Rec'd: /Q/i //& DCC Date: // l-^ht? PC Date . Description of Request: /jrf/iftirJ^ &•£ <3 /eh " ••-- • - -•-•'£,.{ AT 4,4 f^tf.. f..rf ~i^ nr/ Address or Location of Request:-< Engr. or Arch. Brief Legal: t£>?~^ re>Assessor Book: 2V &» Page: General Plan Land Use Description:_ Existing Zone: £.O-ftf Acres: /. 3 £ No. of Lots:_ School District: 5/fo/ /%/fe Water Sanitation District: Within Coast Plan Area: Parcel: Proposed Zone: ~^> DU1: Q5 U*)/F/£i>; &Mt-/AJ/7-J*y- Coast Permit Area: FORM PLANNING 52 _*^'"*^" v^' - -•-,. :<~^:::>n