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