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.
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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:
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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
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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.
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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;
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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.
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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
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