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HomeMy WebLinkAbout1978-11-07; City Council; 5646; Subdivision Ord: Modification request: S. Caron(08} CITY OF CARLSBAD '' ' '' AGENDA BILL NO. \S~' (p *j'(f> Initial: DATE: DEPARTMENT: November 7, 1978 Engineering >V\HT » A v i~ L._y • ' — • • C. Mgr. "K u 3ec • SUBDIVISION ORDINANCE; REQUEST TO MODIFY (TO ALLOW WAIVER OF PARCEL MAP REQUIRE- MENTS AND RECORDATION OF PARCEL MAP) - APPLICANT: SHELLEY CARON Statement of the Matter Exhibit I is a request to waive tentative parcel map requirements and the require- ment of parcel map recordation to create two lots for purposes of selling off the larger lot. The request is based on hardship in that the subject parcel is now in foreclosure proceedings. Exhi bits 1. Letter dated October'171978 from Mr. James Betz. 2. Letter dated October 26, 1978 from Mr. James Betz. 3. Letter dated October 19, 1978 from Harbor Bank. 4. Memorandum dated November 2, 1978 from City Engineer with enclosure. Recommendation See Exh i bi t 4. Council action: 11-7-78 Council concurred with the request of the applicant and continued the matter to the meeting of November 21, 1978. 11-21-78 Council concurred with the request of the applicant and withdrew the itenf"from the agenda. ANDREASEN, GORE, GROSSE & THOMPSON ATTORNEYS AT LAW SO4 THIRD STREET P. O. BOX 299 D. S. ANDHEASEN 11921-1977) OCEANSIDE, CALIFORNIA 93054 ARTHUR E. GORE TELEPHONE 1714) 723-1234 DAVID R. THOMPSON JAMES E. BETZ October 17, 1978 JANET BLEDSOE LACY ' E. REX BROWN IH OF COUNSEL DAVID E. ALLEN, JR. RUSSELL W. GROSSE Honorable Ronald C. Packard Mayor, City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Paul D. Bussey, City Manager Dear Dr. Packard: This law firm represents Shelley Hayes Caron, owner of a 40.67 acre parcel located between El Camino Real shopping center and College Boulevard In Carlsbad. On behalf of Mrs. Caron, I hereby request that the agenda for November 7, 1978, the regu- lar meeting of the Carlsbad City Council, include a request by Mrs. Caron that the City of Carlsbad Subdivision Ordinance, Title 20, Chapter 24.24, Section 20.24.150, entitled "Waiver of Parcel Map," be amended. Prior to the Council meeting, the proposed amendment will be reviewed by the City Manager, the City Attorney, and the City Engineer. The reasons for this request arise out of the fact that Mrs. Caron is attempt- ing to consummate a sale of the bulk of this parcel, retaining for herself a small section of the parcel as her residence. As you may be aware, the Hayes family is one of the founding fami- lies of the City of Carlsbad. Mrs. Caron inherited this parcel upon the death of her father, Berry Hayes, in 1972. Since that time, she has been engaged in a continuous series of litigation and financial hardship in her attempts to keep the property out of foreclosure until she could procure a purchaser. The parcel is the only asset which she inherited from her father, and it is the only asset which Mrs. Caron, who is married and has one infant child, owns. She has at last procured a purchaser for the parcel. Her only desire is to retain the existing residence and surrounding 2.67 acres as her home. As I have Indicated, the Hayes family has resided in this residence for many, many years. It is a 2,940 square foot hacienda with a courtyard, veranda, tile floors, adobe walls, exposed vaulted wood beam ceilings, and mission tile roof. It is of immense historical value, having been originally constructed in 1826. Page Two Honorable Ronald C. Packard October 17, 1978 If the proposed amendment is not obtained, Mrs. Caron will not be abla to consummate the transaction within the time period allowed, and will, as a result, lose the entire property in eluding the residence described above. This is because the first deed of trust upon the property in the amount of $350,000 is due, The lender will proceed forthwith with foreclosure proceedings If the desired amendment is not procured on November 7, 1978, as evidenced by the attached correspondence from Mr. Bob Bell, Vice President of the lender. Harbor Bank. Furthermore, the attorneys who probated the estate of Mrs. Caron's father, Berry Hayes, have perfected a judgment lien in the property in the amount of $8,000, and have indicated their intention to exercise their lien rights In the event this transaction is not completed and they are not paid directly out of escrow. As you can see, the time constraints created by these existing circumstances have made it impossible to proceed with the sale under the ordinance as It presently exists. Although the language has not yet been drafted, what Mrs. Caron seeks Is to avoid the extreme hardship which she will experience if this transaction cannot be consummated and she cannot continue to service the existing debt structure on the property thereby losing the entire parcel to foreclosure by the Harbor Bank. She seeks to avoid this situation through the enactment of an emergency ordinance modifying the above referneced section of the Subdivision Ordinance to exempt transactions such as hers from the require- ments of the Subdivision Ordinance, allowing Mrs. Caron to deed out the 38 acres to her proposed purchaser, reserving to herself the hacienda and family estate consisting of the remain- ing 2.67 acres. Attached is a map Indicating the proposed par- cels in. question. With regard to the parcel containing the residence, the County Health Department has approved as ade- quate for that residence the existing septic system. It has always seemed to me to be an inequity in the existing Subdivision Ordinances, when old-line local families with substantial land holdings surrounding the family estate, whether it be the case of the founding father of the family or a descen- dant such as Mrs. Caron who has inherited the large land holding, find themselves facing a prohibitive debt service and/or real property tax burden and cannot alleviate their plight by selling the majority of their parcel, reserving only the family estate Page Three Honorable Ronald C. Packard October 17, 1978 with a much smaller debt service and real property tax payment. Rather, such persons, as Mrs. Caron, are faced with the very undesirable alternatives of either selling off the entire parcel including the family home, or losing the transaction because of the time constraints inherent in attempting to reserve from the sale the family home. It has been my experience in the practice of law in this area that this Is not an unusual situation, but it is my sincere belief that it Is not a situation which the Subdivision Map Act was in- tended to address, and it is upon this basis that Mrs. Caron seeks an appropriate modification of the Carlsbad Subdivision Ordinance. I would urge that you look favorably upon Mrs. Caron's plight. Thank you for your cooperation. Very truly yours, JAMES E. BETZ JEB:rb Enclosure cc: Shelley Hayes Caron Vincent F. Blondo, Jr., City Attorney Timothy Flanagan, City Engineer w/o enclosures RECEIVED ANDREASEN, GORE, GROSSE <& THOMPSON D. S. ANDREASEN (1931-1977) ATTORNEYS AT LAW BO4 THIRD STREET P. O. BOX 299 OCEANSIDE, CALIFORNIA 9SOB-4 CCT271978 ARTHUR E. GORE DAVID R. THOMPSON JAMES E. BETZ JANET BLEOSOE LACY E. REX BROWN HI DAVID E. ALLEN, JR. TELEPHONE 7SZ-IS34- October 26, 1978 CITY OF CARLSBAD Engineering Department OF COU NSEL RUSSELL W. GROSSE Mr. Tim Flanagan City Engineer City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Mr. Flanagan: Per your request, enclosed please find the proposed modifica- tion to the Subdivision Ordinance which Mrs. Caron seeks. As I have indicated to you, Mrs. Caron will continue to be receptive to proposed alterations, deletions or modifications in this proposed modification. Please contact me when you have had the opportunity to review it so that I may finalize the matter. Very truly yours, JAMES E. BETZ JEB:rb Enclosure cc: Shelley Hayes Caron Beverly Southers PROPOSED MODIFICATION TO THE CITY OF CARLSBAD SUBDIVISION ORDINANCE, TO ADD 20.24.150Cc) AS FOLLOWS: (1) Notwithstanding the provisions of paragraphs (a) and (b) of §20.24.150, and upon a finding by the City Engineer that no part of the proposed subdivision lies within an area of a proposed public road way as set forth in the circulation element of the general plan and upon a further finding by the City Engineer that the proposed subdivision does not otherwise prejudice the objectives or requirements of this title, the requirements that a parcel map be prepared, filed with the City Engineer and recorded may be waived for the following type of minor subdivision: (1) A minor subdivision resulting in not more than 2 lots or parcels, one of which resulting parcels or lots contains a gross area of 35 acres or more, with the other resulting lot to contain 2 acres or more and a single family residence in existence for 10 years or more which single family residence constitutes the domicile of the applicant. (2) An applicant for a subdivision pursuant to sub- section Cc) (11 of this section shall file a tentative map pur- suant to this chapter together with a written request that the parcel map requirement be waived. Harbor Dank October 19, 1978 Shelley Hayes Caron Hays Ranch Highway 38 _ Vista Way U7Y Qp Carlsbad, California ' Dear Ms. Caron: Your loan in the amount of $350,000.00 has been past due since October 7, 1978. Communication with you has failed to result in positive action. The principal balance of your loan is $350,000.00, the interest owing to October 18, 1978 is $19,507.64 with an additional amount of $121.53 per diem from October 18, 1978. We are hereby making formal demand for payment of the note in full by October 30, 1978. If the loan is not paid in full by October 30, 1978, we will proceed with further action. Sincerely, c Robert S. Bell, Vice President/Manager RSB: jw Cert.R.R.R. OCEAN OFFICE • 777 E. OCEAN BOULEVARD • LONG BEACH, CALIFORNIA 90802 MARINA OFFICE • 6265 E. SECOND STREET • LONG BEACH. CALIFORNIA 90803 UNIVERSITY OFFICE • 1250 BELLFLOWER BOULEVARD, #256S • LONG BEACH, CALIFORNIA 90840 K" MEMORANDUM TO: City Manager FROM: City Engineer DATE: November 2, I 978 SUBJECT: REQUEST OF SHELLEY CARON TO MODIFY THE EXISTING SUBDIVISION ORDINANCE (TO ALLOW WAIVER OF PARCEL MAP REQUIREMENTS AND PARCEL MAP RECORDATION) A request dated October 17, 1978 has been received to modify the ex- isting Subdivision Ordinance concerning parcel maps. The specific re- quest is to allow a parcel of land, under certain limited conditions, to be divided into not more than two parcels, and not be subject to: (I) standard requirements of tentative parcel map approval and (2) re- cordation of the parcel map (which is the normal action which subdivides a pa rce I ) . The request is based on hardship in that, at this point, the property is in foreclosure proceedings. The property owner has chosen' not to make an application for a tentative parcel map approval. Attached is a site plan of the subject parcel. It is located south of Highway 78 and access is from the City of Oceanside (College to Haymar Drive, then west to the parcel). The parcel is a difficult parcel to develop in that more than half of it lies within the Buena Vista Creek flood plain. The Vista-Carlsbad sewer trunk line goes through the prop- e rty . Haymar Drive is to be extended westerly to connect with existing Haymar Drive in Carlsbad. One of the difficulties in processing a tentative parcel map application is that Haymar Drive right-of-way dedication would be a requirement. Due to the flood plain and other topography, preliminary engineering is required to establish an acceptable alignment for the Haymar Drive dedication. The property owner has not proceeded with the tentative map application knowing that a final parcel map re- cordation to create the two lots will require considerable expense and more importantly at this time, considerable time, which will extend be- yond foreclosure proceedings. I have suggested to the property owner that the time constraints could possibly be overcome by including in the purchase agreement: (I) sale of the entire parcel (thereby paying off the mortgage and (2) an option to purchase back Lot I (the residence) at an established price when the parcel map was recorded. I have been told by the property owner that this option will not work because of a tax situation. This request is being presented to the City Council at the November 7, 1978 meeting solely at the applicant's request. The request has not been fully staffed due to the lateness of the request. I have been informed that the request may not be legal based on the State Subdivision Map Act. I am hopeful to have more information on the question of legality at the Council meeting. Tim Flanagan City Engineer TCP:VEB