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HomeMy WebLinkAbout1978-01-03; City Council; 5139-1; Awer Moratorium Appeal - MS 303CITY OF CARLSBAD • AGENDA BILL NO. 5139 - Supplement I Initial: DATE: January 3. 1978 „ V* • DEPARTMENT: Engineering C. Mgr. f\ Subject: SEWER MORATORIUM APPEAL - MS'303 - SAM 6ENDUSA Statement of the Matter On May 31, 1977 the City Engineer conditionally approved the tentative parcel ... map of Minor Subdivision No. 303. A condition of tentative approval was im- posed which withholds final approval until sewer service becomes available for the minor subdivision. Mr. Gendusa's request would delete this condition and substitute a requirement that no building permits be issued until sewer service becomes available. (See Exhibit 2) Exhibits: . 1. Applicant's letter of request dated December 5, 1977 2. City Engineer's memo dated December 29, 1977 3. Amended letter of approval, for MS 303 dated October 17, 1977 4.' Vicinity Map Recommen dation: If Council concurs, adopt a motion to grant the applicant's request deleting Condition No. 10 and substituting the conditions in the attached memo from the City Engineer dated December 29, 1977. Council action 1-3-78 The applicant's request was granted, deleting Condition No. lo and substituting the conditions set forth in the Memorandum from the City Engineer dated December 29, 1977. C. /'Ha-vo-fflt*-' —Sam Gendusa 1 .149 Magnolia Avenue Carlsbad, Calif. 92008 December 5, 1977 Mayor and Members of the City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Subject matter: Minor Subdivision No. 303 and Vari- ance-272, 1149 Magnolia Avenue, Carlsbad, California, passed, approved and adopted on the 5th day of October, 1977 by the Carlsbad City Planning Commission. I wish to appeal the City Engineer's decision as outlined in his letter dated October 17, 1977, amended con- dition_N.Q_j 10, stating the Final Parcel Map shall not be signed by the City Engineer, nor shall the Final Map be filed with the County Recorder until sewer facilities become avai1 able. This case" first began with a variance which was granted "by the Planning Commission May 27, 1969 (Resolution No. 623). At that time, I was told by the Engineering Department that the Variance would always be valid for anytime I wanted to build or record the lot. .-. Due to my wife's illness and handicapped condition and then my own illness, medical bills had caused a heavy financial strain and I was not able to consider the land again until November 1, 1976, still believing that the variance was in effect, since I had not been notified at any time by the City that it was not. I submitted a new tentative map to the Engineering Department, dated January 3, 1977. After many discussions with the Engineering Depart- ment and then hearings by the Planning Commission and the City Council, I was told by the Engineering Department I needed a revised Tentative Map, which was submitted August 2, 1977. After more discussion, a Planning Commission Hearing was scheduled for July 13, 1977 for the variance which I v/as told was no longer valid because of a new zoning ordi- nance which became effective sometime in 1975 and stated a variance became invalid if not used within 18 months. The City did not notify me that my variance granted in 1969 would become invalid. The Hearing before the City Council, I was told, would he held on July 19, 1977 but due to other City Council business, my request was not heard by the City Council until September 28, 1977. / Carlsbad City Council December 5, 1977 Page 2 I have reviewed these fact because I am basing my appeal of City Engineer's condition #10 on the fact that through no fault of mine, I can not do anything with my property so long as this condition is in effect. My request should not have taken from November 1, 1976 to April 23, 1977 to process, not to mention to October 17, 1977 when I received final approval. The sewer moratorium went into effect in April and my request for a new variance and a lot split should have been approved before that time and I could have recorded it before the sewer moratorium went into effect. I have made every effort to meet the requirements and demands of the Engineering Department, the Planning Commission and the City Council from November 1, 1976 and I believe action should have taken place to approve the lot split and it should have occurred prior to the moratorium. I believe and am requesting that I be allowed to file and record my property as approved, with the County Recorder's Office, subject only to no building permit bejng issued until sewer faci1ities are available, and that condition #10 as stated in the City Engineer's letter _dated October 17, 1977 be deleted. I did not file for sewer allocation because I could not find a suitable builder available during the short application period. In checking on a construction loan, I was told processing would take at least 45 days and, as you know, the bank will not release funds until they are aware of exactly what is being proposed. I have all the necessary approvals, including Coastal Commission approval which I received this date. I have been anxious to resolve this matter for many, many months and have.spent a great deal of time and money in an effort to do so. I would appreciate a favorable decision in eliminating this decision so that I may record this property, Thank you. SAM GENDUSA SM: sm cc : Ci ty Manager v Public Works Administrator City Engineer Planning Department, Mike Zander Planning Commission MEMORANDUM TO: City Manager FROM: City Engineer DATE: December 29, 1977 SUBJECT: Sewer Moratorium Appeal - Minor Subdivision No. 303 - Sam Gendusa The subject two-lot tentative parcel map was approved on May 31, 1977 and the conditions of approval were amended by Council on October 17, 1977. Condition 10 of the approval provided that the final parcel map could not be recorded "...until such time as sewer facilities become available." This condition is similar to the condition the City Council placed on the major subdivision tentative map approvals for those applications that were in process at the time of the enactment of the sewer moratorium. The subject application (MS 303) was made prior to the sewer moratorium (application fee paid on January 4, 1977 and school letter received on March 29, 1977). Suffice it to say, the application has been fraught with problems. These problems include a revised map, side yard setback variance, Coastal Commis- sion, and a previous appeal to the Council regarding conditions of approval. Mr. Gendusa, in his letter dated December 5, 1977, has requested that the conditions of approval be modified to delete Condition 10 of the approval and that he "...be allowed to file and record Chis] property as approved with the County Recorder's Office, subject on Iy to no building permit be- ing issued until sewer facilities are available...." The sewer moratorium ordinance (Ordinance 7048) does provide that, "The staff may continue to process and the City Council may consider whether or not to approve applications which were on file with the City of Carls- bad on or before April 19, 1977." To date, the City Council has approved one minor subdivision for recorda- tion that did not have tentative map approval prior to April 19, 1977. That minor subdivision was MS 307, Lancer Pacific, an industrial minor subdivision on Avenida Encinas. I have no practical objection for the granting of the request. However, I should point out that should the Council grant this request, there will undoubtedly be some additional requests from applicants of major and minor subdivisions which also have conditions of approval similar to Condition 10. City Manager -2- December 29, 1977 If the Council should grant this appeal to delete Condition 10, then the following conditions should be substituted: 10. A note shall be placed on the final parcel map stating that sewer service is not available to serve the property and that building permits will not be issued for any development of the property until the City Manager determines that sewer service is ava ilable. 11. Prior to the recordation of the final parcel map, the property owner shall execute and record a covenant stating that sewer service is not available to serve the property and that build- ing permits will not be issued for any development of the prop- erty untiI the City Manager determines that sewer service is available. Tim Flanagan City Engineer TCF:veb CC: Public Works Administrator .ry '- .". 1200 ELM AVENUE M J&?. M TELEPHONE: CARLSBAD, CAUFORNIA 92008 fcLtW^H C™> 729-1181 Citp of Cartebab October 17, 1977 Sam and Elizabeth Gendusa 1149 Magnolia Avenue Carlsbad, California 92008 SUBJECT: Proposed Minor Subdivision No. 303 - 1149 Magnolia - Amsnded Conditions of Approval Dear Mr. and Mrs. Gendusa: Whereas the requirements of the California Environmental Quality Act and the C'ity of Carlsbad Environmental Protection Ordinance of 1973 relating to the subject proposed parcel map have been examined by the Planning Director and declared to have a nonsignificant impact upon the environment; and whereas negative findings delineated by Section 20.24.130 of the Carlsbad Municipal Code have not besimade; and whereas this minor subdivision is found to be in conformity with the General Plan of the City of Carlsbad; therefore, a final decision has been made to approve the subject tentative parcel map subject to the following amended conditions: 1) Subdivider shall comply with the conditions of approval for Variance Case No. 272 approved by the Planning Commission per Resolution No. 1403 on October 5, 1977. 2) Owner shall enter into a lien contract agreement for future improvements as are necessary to complete half-width public frontage improvements to City Standards along Magnolia Avenue. Such improvements shall include, but need not be limited to: regrading of parkway; construction of 5 foot wide sidewalk; repair or replacement of existing broken curb, gutter, and pavement; proportional share of ornamental street light cost, etc. The agreement shall be prepared by the City, based on an approved engineer's estimate provided by the owner, and executed prior to recordation of the final parcel map. 3) Prior to recordation of the final parcel map the subdivider shall provide legal offstreet parking on Parcel 1, as required by the Zoning Ordinance. Access to Parcel 1 may be taken from the panhandle of Parcel 2 if a reciprocal easement for ingress and egress is provided and if the existing driveway, both within the public right-of-way and'the panhandle, is improved to meet City Standards. Mr. & Mrs. Gendusa -2- October 17, 1977 RE: MS 303 4) A new water service will be required for Parcel 1 prior to recordation of the final parcel map. 5) For development purposes, the front yard of Parcel 2 shall be adjacent to the northwesterly lot line of Parcel 2 exclusive of the panhandle portion. 6) Parcel 2 shall be improved to meet the development standards set- forth in Section 21.10.080 (d) of the Zoning Ordinance concurrently with building construction. 7) The property owner shall agree in writing to hold the City or any other public service agency harmless from liability for any damage to the drive- way when being used to perform a public service. This written agreement must be executed prior to recordation of the final parcel map. 8) All required fees and deposits shall be paid prior to final map recordation (see ettached list). 9) The tentative parcel map approval shall expire on May 31, 1978 (one year from the date of the original final decision of approval). This minor subdivision is approved upon the express condition that the final parcel map shall not be signed by the City Engineer, nor shall the —final parcel map be filed with the County Recorder, until such time as sewer facilities become available. This requirement shall not be construed as an extension of the tentative parcel map to the City and it shall be processed until such time as the City Engineer's signature is required, at • which time such processing shall cease until sewer service is available. Please note the following: It is recommended that the subdivider secure any permits which may be required by the Coastal Commission before proceeding with the project. Condition No. 10 notwithstanding, it is not readily apparent that Parcel 2 can be served by a gravity flow sewer lateral due to physical constraints of the site. Detailed plans, such as building and grading plans which will be re- quired to develop the parcel, must clearly show provisions for a gravity flow sewer lateral serving Parcel 2. Enclosed is a signed copy of the revised approved tentative parcel map. Very truly yours, Tim Flanagan CHy Engineer TCF:FNL:ms enclosure c: Brian Smith Engineers J 500 fOOOFEET I