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Home My WebLink About1981-08-18; City Council; 6712; Appeal Of Tentative Parcel MapCITY OF CdRLSBAD -,_-,_ ------- - _.- Initial: RHA:Ls . AGENDA BILL NO. -L 7/a ----- ---. - DATE: AUGUST 18, 1981 DEPARTMENT: ENGlINEElUNG City MgrP= SUBJECT: APPEALOF TEiNTATIVEPARCELMAP CXNLXTION Ms 504 (KLETT) STATEMENT OF THE MATTER .- As part of the approval of the subject minor subdivision (a three-unit mndcminim), a 5- foot wide drainage easemnt was required for a storm drain from Ocean Street. Part of this condition stated that the easement not be construed as public access. The California Coastal Cmnission has required the developer to provide a public access to the beach and the developer is seeking relief frcm the above conditions so that he may. provide a 5-foot wide stairway on top of the storm drain easement. The City Engineer has denied this request for the following reasons: 1. The existing 5-foot wide drainage easement is.substandard as is - 12 to 15 feet is usually required - making maintenance mrk more difficult. 2. A concrete stairway on top of the pipe muld make replacemnt of the pipe - if needed- impossible. 3. The City cbuncil has consistently required 10 feet for an access easement and pre- viously refused to accept a 5-foot easemnt on property owned by IWMahan. 4. The Carl&ad Local Cbastal Plan contains a minimum lo-foot wide access standard and specifically requires an access across the subject parcel. The nearest beach accesses along Ocean Street are 1,000 feet to the nom and 1,100 feet to the south. The City Council may wish to permit the joint use of a lo-foot easemen t (5 feet for a stairway adjacent to the 5-foot drainage easement) as a reasonable cmprcmise. Only 5 feet is provided betwam the proposed structure and the property line. Additional , width will necessitate some redesign of the project. ’ This was considered at the time of the tentative parcel map. 1. Deny the appeal of the tentative map conditions. 2. Permit the joint use of a lo-foot easement. EXHIBITS 1. Vicinity Map . 2. Letter requesting appeal of renditions . 3. Conditions of approval for MS504 4. Copy of portion of tentative map 5. Memo from Assistant City J%nager/@erations AGJSNM BILL NO. 6712 Page 2 COUNCIL ACTION: 8-18-81 Council granted the appeal of the tentative map condition, and agreed to joint use of the 5 ft. easement, with a condition requ?iEng the builder to assune maintenance responsibilities. V[(-Iftj~Ty~-~pA : ‘. ;: ” ., . : ‘t - CYPFes~ AW . ‘1 ~I --seEi 2601 cnzEbiN’ ST _ . . .- _- fJEEc#&VE .‘. *. <& ,. -, . . . . . . . . +rLM *- ,: -- : -_ . *. : r ,. ;, I-” ,. .,-. ;’ ..‘- - .Q:c. :c. ‘1 . II ’ ,- .., ..y;:: :, ’ EXHIBIT 1 tes Evens City Er3gtneer city of CrrrlsBrJd 1mQ Elm hrww% Cdchcld, CdTfMnln 9W?8 ke: khlw StAKlivirlon No. 5u4 hdlmlnary Dccirkm to fpwovar; Jww3 29, 1981 Request for review of conditfcmr; July 4, W81 h, Y kwns: This letter MN~S m cl tequmt fm on qmaI ta the Grlstmf City &uncll of the Promsed Conditions 4,. and 4dt, on t!m above rafmmced urojext. We rawmct your desire to obtntn ac#cUtlonu~ gluldmca cm tbsa iwes frm he City Council. We *ru kmefu! tA*t the matntenmcc concerni far tha ,oroporad drt-imge enrtment cm be addreamd In ct mwwwr s7tisfwkxy to tke City of Corkad and yet not mdely retirict our clfenh uw of their prmerty. Thrdc you few your conttnwd mistnnca In ?kfs mclttw, Sincerdy, FiC~Mlfi?Y 4% K?Kbt bRCH!TECl’S Jim Kullay-M*rkbgi;n JK&Jh!3 cc: Go& md Edna Me Kmt EXHIBIT 2 --\ DF:VEL.OPMENTAL SERVICES Cl Asslstant City Manager (714) 438-5596 0 Building D’cpartmont vl4) 439.5525 %I Engineering Department (714) 430.5541 June 29, 1981 I . 1200 ELM AVENUE CARLZXAD, CALlFORNlA 92008 Cl Housing 8. Redevelopment Department (714) 438Wll Cl Planning Department (714) 438xBl _ , Gordon 'A., and Edna Mae Klett 360 Avonoak Terrace Glendale; California 92106 . Subject: Proposed Ji-nor Subdivision No; .&4 . . . . . . . . . . . . . .._.............. :..?... A preliminary decision has-been made, pursuant to Section 20.24.120 of the City of Car.lsbad Nnicipal Code, to approve the tentative map of the proposed minor subdivision subject to the following conditions: 1. Final parcel map shall comply with the Planni,ng staff's condominium report for'CP'lz<, datcd~June'24,'1981 as well as tentative map revised Eiarch 30, 1981 and conditional easement approval March 31, 1931. '2. The subdivider shall provide separate seww- laterals and separate water, gas and electric services with meters to each of the units. . ,., - 3. All structures within this subdivision shall be constructed to meet Build- ing Department requirements for condominium developments. 4. The 5' storm drain easement shall be subject.to the following: t . a) The Section A-A shall be constructed as shown on tentative parcel map as revised March 30, 1981 with the exception of R,C.P. instead of A.C.P. b)' Encasement, #4 Rebar, fir2 ties, and cbncrete mix 517,C~2500, as well 0 as slope anchors @ 25' on center, shall be required.. c) This easement shall be kept clear of all structures; i.e, stairs, A?f-L 0 walkways, foundations, and porches. ~EguEss d) This easement shall not be construed to be public access. If public T#&sE&g access is required, a separate easement must be obtained. . 3 t5uwm 5.' All public improvements, including A.C. pavement, concrete curb and gutter, sidewalk, storm drain and transition, as,shown on the tentative map shall be constructed prior to occupancy. 'Improvement Plans shall be required prior to construction, 9 . EXHIBIT 3 -.; ’ “2- *June 29, 1981 6, All required fees and deposits shall be paid prior to final parcel map recordation. (S&e attached list). 7. The tentative parcel map approval shall expire orie year from the date of the letter containing the final decision for tentative map approval. . . 8, This approval is expressly conditioned on the payment by the applicant of a public facilities fee, as'required by City.C'ouncil Policy No. 17, dated August 29, 1979, on file with.the City Clerk and incorporated herein by reference, and according to the agreement executed by,the applidant for payment of said fee, A copy of that agreement, dated herein by reference. . s If said fee is not paid as promised, this application $lill not be, consistent' with the General Plan and the project cannot proceed and this approval shall be void. . . . 9; The applicant may request a revi'ew of the conditions in writing within ten - days of the date of this approval, L:, ; g&$&J&IL. .#. .. . .’ . Assistant Civil Engineer Attachment c: Dominy & Bokal, Architects, 244 Ninth Street, De1 Mar, CA 92014 - Brian Smith Engineering, 2656 St-ate St., W&bad, CA 92008 * . . . . . ” . - . . . . . ’ * 8 -- j i,< AVP4A1~~ 3 d i. 1, L _ /-* __ *+ I \ i I ! i : : . L. . 81-009 August 7, 1981 MEMORANDUM RECEIVED TO: Clyde Wickham, Engineering Department FROM: Assistant City Manager/Operations SUBJECT: Minor Subdivision No. 504 cln OF CARSBAD E"gi"--b Department I have reviewed condition 4 of the conditional approval of the above minor subdivision with Roger Greer. We went down to the property, re- checked it on site, and feel it is absolutely necessary that condition 4 ad b, c and d remain. Our reasoning is that if it were ever necessary to clean the drainage easement or work on it, it would be impossible if it were paved over and construction permitted. The design is necessar.y to handle the water flow; it follows that if the storm drain can not be covered then it would be impractical as a public access. Utilities and Maintenance feel strongly that it would be unwise to remove condition 4. WILLIAM C. BALDWIN Assistant City Manager/Operations WCB:pab EXHIBIT 5