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HomeMy WebLinkAbout1980-08-19; City Council; 6334; 5 lot tentative tract mapCITY Of CARLSBAD ----------..-- August 19, 1980 . -- Cty. Atty.-V --- DATE : ----- _--- - SUBJECT: 5 LOT TENTATIVE TRACT MAP CONSISTING OF 3 LAND LOTS AND 2 AIRSPACE LOTS. APPLICANT: BLANKENSHIP CASE NO: CT 80-18 -- --- ----------111 S TAT E E: E: N T 0 F 1- H-E-Pld4T 7’E 9 ---.- The applicant requests a 5 lot tentative tract map to create 3 land lots and 2 airspace lots on property located on the southwest corner of Harding Street and Avocado Lane in the R-2 zone. The Planning Commission found this project to meet all requirements of the Subdivision Ordinance. Mr. R. Zimmerman submitted a letter of opposition to the project which is attached for your information. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. EXHIBTTS 1. PC Resolution No. 1670 2. Staff Report dated July 23, 1980 3. Letter from R. Zimmerman, dated July 14, 1980 4. Exhibit A, dated July 1, 1980 5. Exhibit B, dated June 3, 1980 RECOBMENDATION Both the planning staff and Planning Commission recommend that this application be APPROVED and that the City Attorney be directed to prepare documents APPROVING (CT 80-18) per Planning Commission Resolution No. 1670. Council Action: 8-19-80 Council directed the City Attorney to prepare documents approving CT 80-18 per Planning Cornmi ssion Resolution No. 1670. a * )'* 2 2 -3 4 5 6 7 'e 9 10 11 12 13 14 15 16 37 18 19 20 21 22 -23 24 25 26 27 28 L -- PLANNING COMMISSION RESOLUTION NO. 1670 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIVY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR LAND AND AIRSPACE DIVISION ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF HARDING STREET BETWEEN AVOCADO LANE AND CAMELLIA STREET. APPLICANT: BLANKENSHIP CASE NO: CT 80-18 WHEREAS, a verified application for certain property to wit: Lot 1 of Parcel Map 428 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of January 20, 1971, as file No. 11429 being a portion of Lot A, of Brentwood Village Map No. 4369 recorded 'October 19, 1959. has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 23yd day of July, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring' to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning ' Commission as follows: A) That the above recitations €3) That based on the evidence the following findings and 'the Commission recommends are true and correct. presented at the public hearing, PPROVAL of CT 80-18, based on subject to the following conditions Findings: 1) That the subdivision is consistent with the city's general plan because the proposed density would conform to the 1 2 -3 4 5 6 7 .E 9 2c 13 12 13 14 15 16 17 18 19 20 21 22 - 23 24 25 26 27 28 \. -- cityls land-use designation of residential medium density. Also, as conditioned, the project is consistent with all other elements of the general plan. That the site is physically suitable for the type and density of development since the site is adequate in size and topography to accommodate residential development at the proposed density and still meet all of the city's subdivision regulations. That the project is consistent.with all city public facility policies and ordinances since: The City of Carlsbad has allocated 4 edu's to accommodate development of the property. The existing unit is presently served by the City of Carlsbad's Water District, School facilities will be provided by the Carlsbad Unified School District. Payment of park-in-lieu fees has been made a condition of approval. The applicant has agreed and is required by the inclusion of an appropriate condition.to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the general plan. The Planning Commission has, by inclusion of an approp- riate condition to this tentative subdivision map, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note be placed on the fnal map that building permits will not be issued for the project unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available, and building cannot occur within the project unless sewer service remains available, the Planning Commission . is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this tentative map approval. ,That the design of the subdivision and all required improve- ments will not cause any significant environmental impacts since, based on an initial study and field investigation of the site, the Planning Director has issued a negative declaration on July 17, 1980, Log No. 728. 1/11 ?c mS0 #1670 d' -2- 1 2 3 4 5 6 7 a 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 \ 28 -- 5) That the design of the subdivision and type of improvements will not conflict with easements for public use or public access through the subject property. That the subdivision Lap satisfies all requirements of Tit1 20 and the Subdivision Map Act as referenced in the staff report. 6) Conditions: Approval is granted for CT 80-18, as shown on Exhibit A, dated 7/1/80 and Exhibit B, dated 6/3/80, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. This project is approved upon the express condition that building permits shall not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is availabl to serve the subdivision. This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1970, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated February 24, 1980, is on file with the City Clerk and is incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. The applicant shall prepare a detailed landscape and irrigatic plan which shall be submitted to and approved by the Planning Department prior to final map approval. The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final map as per Chapter 20.44 of the city's subdivision regulations. -Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of Final Map approval. For all grading in excess of 100 cubic yards, the applicant shall receive the approval of the City Engineer for a site grading plan and obtain a grading permit. Grading shall occur in accordance with an approved grading and erosion control plan and city standards. RES0 #1670 . -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 6 21 22 23 24 25 26 27 28 The applicant shall install a wheelchair ramp, at the corner of Avocado Lane and Harding Street, to city standards prior to occupancy of any units. The applicant shall remove the existing concrete parking area and replace with a 12' paved driveway in conformance with city standards. The applicant shall provide two off-street parking spaces on Lot 1, per Exhibit "A" . Said improvements' shall be installed prior to occupancy of any units. PASSED, APPROVED AND .ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held 011 the 23rd day of July, 1980, by the following vote, to wit: AYES: Schick, Larson, Friestedt, Marcus, Leeds, Rombotis, NOES: None and Jose ABSENT: None ABSTAIN : None ATTEST: , Chairman CARLSBAD PLANNING\C~MMISSION 'CARLSBAD PLANNIW COMMISSION I J PC RES0 #1670 -.4 - STAFF REPORT DATE : TO : FROM: SUBJECT: I. 11. July 23, 1980 Planning Commission Catherine D. Nicholas Assistant Planner CT 80-18-BLANKENSHIP - REQUEST FOR APPROVAL OF A TENTATIVE SUKVmN MAP FOR LAND AND AIR SPACE ON THE WEST SIDE OF HARDING STREET BETWEEN AVOCADO LANE AND CAMELLIA PLACE IN THE R-2 ZONE. DIVISION fro DEVELOP TWO CONDOMINIUM DUPLEXES PROJECT DESCRIPTION The applicant is requesting approval of a tentative subdivision map for land and air space division on one .53 acre parcel located, as described above. The subject property is a corner lot occupied by one single family residence. The project is being brought before the Planning Commission as a five unit subdivision. Approval of the request would create three parcels of real property and subdivide, by air space, two of the newly created parcels for two duplexes, to be constructed. The third, remaining parcel, would contain the existing single family residence. An application for a condo- minium permit, for these duplexes, has been submitted. Condominiums with four or less units may be approved by the Planning Director. Review for approval of the condominium permit for this project will be processed in accordance with this provision of the condominium ordinance. For your perusal in evaluating this subdivi- sion, condominium site plans have been included with this report. ANALYS'IS PLANNING ISSUES 1) Are the lot configurations and accesses acceptable while providing for the type of development proposed? 2) Does the proposed subdivision meet the requirements of Title 20 and the Subdivision Map Act? DISCUSSION . The proposed land subdivision would create three rectangular parcels. The two parcels to be developed as condominium duplexes would each be approximately 7500 square feet. The third parcel, containing the existing single family residence, would be approximately 8300 square feet. The lots themselves are regular in size and shape and would satisfy the underlying zoning and land-use requirements as specified in the General Plan. The two condominium lots would be physically suitable condominiums. The remaining lot would accomodate only the existing single family residence. The proposed and existing developments would be consistent with surround- ing land uses. ,for the proposed development and density as duplex Each of the three lots would have a driveway off Avocado Lane. This access would be suitable for the proposed condominium project and single family dwelling. Conditions have been applied to bring off and on-site improvements in conformance with city standards. Staff is satisfied that the proposed subdivision satisfies all aspects of Title 20 and the Subdivision Map Act; ana will accomodate the proposed development. 111. RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No. 1670, recommending approval of CT-80-18, based on the findings and subject to the conditions contained therein. ATTACHMENTS Location Map Background Data Sheet Disclosure Form PC Resolution No 1670 Exhibit "A", dated 7/1/80 Exhibit "B" , dated 6/3/80 Letter from R. Zimmerman, dated 7/14/80 CDN : ar 7/16/80 -2- ? 1 R-'I2) J APPLICXST : B 1 anken s h i p REQUE,ST AS3 IXXIATION: Tentative subdivision map for hnd and dr spw division to develop two condominium duplexes on property generally located on the west side of Iiardinq Street between Avocado Lane and Camellia Place. L;EG;IL, DZSC?ETION: Lot 1 of Parcel Map 428 in the citv of Carlsbad, filed in the office of the County Recorder of January 20, 1971 as File No. 11429 being a portion of Lot A, of Brentwood Villaqe -Flap No. 436 9, recorded October 19, 1959. Assesscrs :%-?el Rmke2: 204 - 210 - 46 Acres .53 No. 05 Lcts 3 --- , cIN=RAT, -- u PLAN AND ZONING 4-10 DU/AC Density Props& Existing ccrx? R-2 Proposed Zons - R-2 5~~1th R-2 Land Use SFRS DuPlexes/SFRS Multiple/Dplx/SFR SFRS Zk----l=;.t Carlsbad Unified - Asmt dated 2/25/80 E.I.R. Certified, datal Other, ACCN'I' : 434- 1051 'Pel C~JI io1 IC Il uinbcr - Jean Jensen, Land Planners P.O. Box 1307, Carlsbad, CA 92008 --- t~rlllle - Tc~cjilioiic liulitjxr 4022 H Layang Layang Circle Carlsbad, C.4 92008 -- Nayda Prcntice (Individual) __- __ Nainc (iiidjvidual, partiicr, joint llornc Address venture, corpora tion, syndicition) 2963 Carlsbad Rlvd., Carlsbad, CA 92008 --__ Business Address 729-9235 729-0487 - Telephone Eluinber Teicpllonc Nuinher --- Jeff Blankenshjzc (Joint Venture) 344 Chinquapin St. & rldxid I CA Name 1io;nc Address 2910 Jefferson Street, Carlsbad, CA 92008 T -L- I i / 2- .. . .. Robert U..~lrumerman 820 livocado Lane Carlsbzd, Ca, 92008 City of C'arlsbad Planning Commission Ref: CT 80-18, Blankenship, July 12, 1380 Dear Sirs, I am unable to attend the public hearing considering the proposed subdivision of Lot 1, Yarceli4ap 428 of the City of Carlsbad, filed January 20, 1371 as file no. 11429 as a portion of Lot A, Brentwood Village Ikp No. 4369, recorded Oct. 19, 1959. However, I wish to express my opinion that the proposed subdivision should NOT be approved. The pro2osed subdivision woilld be iriconsistant with the neighborhood, in violation of existing zoning ana the declaratisn of protective restrictions recorded Gctober 23, 1959 as document number 220181. farnily homes. IYiiltiple residence housing would increase traffic congestion and crkate parding problerns. It would needles2ly densefy a neighborhood of small (apprJximately 6800 ft lots. Tile existing neighborhood would allow the co:istructioii of three smaller sized homes cn Lot 1, L)rovirhiny a.ut;quatc ;sari*-ing (a two car garage for eacli kome) and 3iur"ficient yard area and setbacics to maintain the existing level of privacy- and quiet. to'the exis€ing neighborhood. I purchased my home on the preswcption that this area would as one of sirigle family dwelings. I o2pose the proposed subdivision nr;d ciownmniLig of tne neighborhood. Avocado Lane is a relatively quiet cu-de-sac of single Downzoning would be detrimental Sincerely Yours, NOTICE OF PUBLIC HEARING CT 80-18 NOTICE IS HEREBY GIVEN that the Carlsbad City Council will hold a public hearing on Tuesday, August 19, 1980 at 6:OO P.M. in the City Council Chambers, 1200 Elm Avenue, Carlsbad, to consider approval of a tentative subdivision map for land and air space division to develop two condominium duplexes on property generally located on the west side of Harding Street between Avocado Lane and Camellia Place and more particularly described as: "Lot 1 of Parcel Map 428 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder January 20, 1971 as file no. 11429 being a portion of Lot A, of Brentwood Village Map No, 4369, recorded October 19, 1959. " APPLICANT : BLANKENSHIP PUBLISH : August 9, 1980 CARLSBAD CITY COUNCIL A- NOTICE OF PUBLIC HEARING - - 'NOTICE IS HEREBY GIVL that the Planning Commiss 11 of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 ~lm Avenue, Carlsbad, California, at 7:OO P.N. on Wednesday, July 23, 1980, to consider approval of a tentative subdivision map for land and air space division to develop two condominium duplexes on property generally located on the west side of €larding Street between ALrocado Lane and Camellia Place and more particularly des- cribed as: Lot 1 of Parcel Map 428 in the City of Carlsbad, County of Sail Diego, State of California, filed in the Office of the County Recorder of January 20, 1971 as file no. 11429 being a portion of Lot A, of Brentwood Village Map No. 4369, recorded October 19, 1959. Those persons wishing to speak on this proposal are cordially invited to attcr\d t:lw public hearing. the Plaiziiing Department at 438-5591. If you have any questions please call CASE FILK: CT 80-18 APPLICAtJ'l' : BLANKENSHIP PUBLISH: July 12, 1980 CITY OF CARLSRAD PLANNING COMMISSION 204r191-21,20,09,08, 204-221-14 J- I - 1 ;204-210-38-01, € CA 92008 UALD L. CHEADLE IENNETH & MYRTLE BROAM 96 HARDING STREET 3375 ADAMS STREET CARLSBAD, CA 92008 DANIEL '& ANN ONGAIS @AmSBAD, CA 92008 P:O. 8OX 514 I ! 204-221-19 LEONARD & EDNA HARVEY 927 PALM AVENUE CARLSBAD, CA 92008 2 04 - 2 10 - 36 - 02' 204-210-39-02 TAKAKO JENNINGS ' DAVID PLANK 3685 HARDING ST. 1048 MULLEN WAY CARLSBAD, CA 92008 VISTA, CA 92083 I 204-221-18 204-210-37-01 204-210-30-02 ESPERANZA ZAINORA ANNA FLAWS DONALD FISIIER 4161 KIMBERLY LANE OCEANSIDE, CA 92054 ! CARLSBAD, CA 92008 CARLSBAD, CA 92008 850 MAGNOLIA AVENUE 811 CAMELLIA PLACE KAREN J. BURKARDT P.O. BOX 971 CARLSBAD, CA 92008 I 204-221-17 204-2 10- 3 7- 02 204-210-29-O1, ( JUNE SORENSON 860 MAGNOLIA AVF,NUE CARLSBAD, CA 92008 HAROLD ti DOROTHY WALSH 12 3 2 1 HONOL'ULU TERRACE WT'TTIER, CA 90601 ELENA S. KAfiIIREZ 3076 HARDING STREET CARLSBAD, CA 92008 HARRIET E. RHODES ' JOSE & MARIA COBIAM 893 CAMELLIA PL. 768 MAGNOLIA Avenue CARLSBAD, CA 92008 CARLSBAD, CA 92008 CARLSBAD, CA 92008 204-221-06 HARRY P. SMITH I a I 204-210-31-01 204-210-33-021 I ALBERT & EDYTHE ILOODY EMMA MERGENTHALER 204-210-38-01 DONALD,’& ALICE MAC LEOD 75.5 CqMELLIA PLACE Cld3LSBAD, CA 92008 204-210-28-02 RAQUEL TORRES P.O. BOX 1152 OCEANSIDE, CA 92054 204-210-27-01 MILDRED PHILLIP 144 LOMA LANE SAN CLEMENTE, CA 92672 204-210-27-02 JUDY ANDLER 1768 FOREST AVENUE CARLSBAD, CA 92008 204-210-26-01 ARTHUR HERNANDEZ 790 CAMELLIA PLACE CARLSBAD, CA 92008 204-210-26-02 ALICE GRIJALVA 792 CAMELLIA PLACE CARLSBAD, CA 92008 204-210-25-01 THOMAS VILLALOBOS 822 CAMELLIA PLACE CARLSBAD, CA 92008 204-210-25-02 MABEL AVIGNON 820 CAMELLIA PLACE CARLSBAD, CA 92008 204-210-24-01 DOTiOTI-TY FISH 8AO _.CAMELLIA PLACE CARLSBAD, CA 92008 204-210-24=02 EMMA EVANS CARLSBAD, CA 92008 840-42 CAMELLIA PLACE 2 04-2 10 - 2 3 - 0 1 JOEL & ELANIE FRENCH 860 CAMELLIA PLACE CARLSBAD, Ch 92008 204-210-23-02 204-210-07 ;TLCILLE SNYDER CARLSBAD, CA 92008 CAMELLIA PLACE I 204-210-22 SHIRLEY A. LARSEN 3605 HARDING STREET CARLSBAD, CA 92008 204-210-46 GORDON & NAYDA PRENTICE 1 3593 HARDING STREET I SUBJECT PROPERTY 1 CARLSBAD, CA 92008 ~ i MILDRED L. MOORE 1 825 AVOCADO LANE 1 CARLSBAD, CA 92008 I 204-210-15 I I 204-210-14 i I I I RICHARD & CARMEN LOPEZ I 815 AVOCADO LANE i CARLSBAD, CA 92008 204-210-13 GLORIA HARVEY 795 AVOCADO LANE CARLSBAD, CA 92008 I 204-210-12 ’ JIM & NORA SOTELO 765 AVOCADO LANE CARLSBAD, CA 92008 204-210-11 IJAVID & MARY FABIAN 755 AVOCADO LANE CARLSBAD, CA 92008 204-210-10 JESUS & MAGDELENA CAMPA 770 AVOCADO LANE CARLSBAD, CA 92008 204-210-09 *SERT ZImRMAN e A .3 AVOCADO LANE I CARLSBAD, CA 92008 204-210-06 JAMES & IRMALEE KLEMM 820 AVOCADO LANE CARLSBAD, CA 92008 204-210-05 FRANK ti JOSEPHINE RODRIGUE 860 AVOCADO LANE CARLSBAD, CA 92008 204-210-04 JERRY & PATRICIA MEMRREE 880 AVOCADO LANE CARLSBAD. CA 92008 204-210-03, 43 WILLIAM BAIRD 3535 HARDING STREET CARLSBAD, CA 92008 204-210-42 DOROTHY McLEAN 254 CONEFLOWER STREET ENCINITAS, CA 92024 204-210-44 1 MAE KIRTLEY ‘P.O. BOX 223 1 CARDIFF, CA 92007 ~ I I I 204-201-10,11 I MICHAEL & VICKI O’GARA j 3565 MADISON STREET CARLSBAD, CA 92008 204-201-06 RICHARD EX KATHLEEN THOMSOB 374 E. DEALWOOD STREET EL CENTRO, CA 92243 264-201-07 DANIEL & GENEVIEVE ENRIQ~z JOSE & ELENA OROZCO 790 AVOCADO LANE 3580 MADISON STREET CARLSBAD, CA 92008 CAKLSBAD, CA 92008 204-210-08 204- 201.-08 . __ RUDOLPH & FPANCES VALDEZ 810 AVOCADO LANE CARLSBAD, CA 92008 CAPERINO & BRICIA CURTEL 3590 MADISON STREET CAPJ.,SKAD, CA 92008 -- Ms. Jean Jensen, agent Mr. Jeff Blankenship 2910 Jefferson Street Carlsbad, CA 92008