HomeMy WebLinkAbout1982-08-17; City Council; 7127; Appeal Of Conditions Hemlock AvenuePIT- nF CARI GRAD - ACFND, RILL -. . . -. Wm..----- -.--.m--. I.-I
4B#- 1 TITLE: APPEAL OF CONDITIONS REQUIRING CUL-DE-SAC
MT& 8117182
DEPT.SNG
ON HEMLOCK AVENUE - MINOR SUBDIVISION 583
(PORTER)
RECOMMENDED ACTION:
Uphold the City Engineer’s decision to require the improvement of a cul-de-sac
(half-street) on Hemlock Avenue, prior to parcel map approval.
ITEM EXPLANATION: *
As a condition of approval for Minor Subdivision 583, the City Engineer has required
that the subdivider dedicate additional right-of-way and install public improvements
adjacent to the subdivision boundary. Since the project is located at the easterly
terminus of Hemlock Avenue, the required improvements include a cul-de-sac turn-
around. Mr. Paul Porter, the subdivider, is appealing the City Engineer’s decision
requiring the cul-de-sac portion o’f the improvements. Mr. Porter contends that the
installation of these improvements would cause him great hardship and expense and
will result in inadequate setbacks to newly constructed buildings.
Project approval and construction permits were initially given for this site without
provision for cul-de-sac improvements under tentative Minor Subdivision No. 437.
The developer should have been required to dedicate 30’ of property for Washington
Street, but this was overlooked by staff. .in.etrror, However, in: the interim the
tentative map expired and the City Council deleted Washington Street as a proposed
thoroughfare. Without a Washington Street connection, Hemlock Avenue does not have
the through access and a cul-de-sac turnaround is needed. With the expiration of
the previous tentative map and the application for a new one, the City Engineer was
presented with the opportunity to correct the situation. The only existing improve-
ments that would need to be removed and relocated are approximately 36 feet of curb
and gutter, an e1ectri.c utility transformer and a water meter.
With the inclusion of the cul-de-sac right-of-way, the setback to the existing
building will be reduced from 20 feet to 11 feet. The Land Use Planning Manager
has found this acceptable since it is a pre-existing structure. Engineering staff
has reduced the right-of-way radius from 50 feet to 40 feet and the curbline radius
from 40 feet to 35 feet and shifted the cul-de-sac south an additional 5 feet in
order to minimize the impact on the developer.
FISCAL IMPACT:
1. The estimated cost by SDGEE for relocating the electric vault is $1000. The
cost to relocate the water meter is $250.
2. The developer’s additional expense for added curb, gutter, sidewalk and
asphalt for the cul-de-sac is $2000.
EXHIBITS:
A. Request for Appeal
B. Location Map
C. Street Improvements required
D. Notice of Approval of Minor Subdivision 583.
- EN-II~IT “p;’
P.R.Porter & Sons
P.O. BOX 1889 . EL CENTRO, CALIFORNIA 92244 - (714) 352-2300
July 30, 1982
To: Carlsbad City Council
Subject: Appeal
Dear Council,
I hereby request an appeal of the condition of a cul-de-sac added to my 380 Henilock Condominium project.
The project was approved without a cu-de-sac and I was mislead by the tigineering Department with wrong information.
I feel this is the 3rd letter I have rewrote requesting this hearing without success.
Please add this appeal to the next council meeting.
Thank you
Paul Porter
EXHIBIT ‘!A”
a
.
LYHlBlr ** 6’”
t
‘WMW SIT q ;:
E 3
\JWlPER AVE.
AVE.
T~MAKACK -- A=.
r
EXHIBIT “B”
3
EXHIPT e c l ’
1
Lr-
0 ‘1 /
-.
Y e,
0
*--.
I
r
*- * .’ -,’ ’
- -
.- .
DEVELOPMENTAL _
SERVICES
. q Asslslant City Manager (714) 438.5596
D Bullding Department (714) 438.5525’
B Engineering Department (714) 4385541 May 28, 1982
0 Houslng & Redevelopment Department 3096 Harding St. (714) 4385611 . EWIBIT *Dh .
Cl Planning Department (714) 438.5591
D. Porter
P.O. Box 1889
. El Centro CA
PROPOSED MINOR SUBDIVISION NO. 583
1200 ELM AVENUE - CARLSBAD, CALIFORNIA’92008
. -
I
‘A preliminary decision has been made, pursuant to Section 20.24.120 of the City of
Carlsbad Municipal Code, to approve the tentative map of the proposed minor subdi-
. vision subject to the following conditions: .
. - .
1. Final parcel map’ shall comply.with the Planning staffts condominium report for
CP-59, dated Apri.1 29, -lg80: . .
.
2. Subdi.vider shall provide separate water, gas >nd electric services with meters
to-each of the units. .
3; Al 1 required fees and deposits shall be paid ‘prior. to final parcel map recorda-
tion (see attached 1 ist).
4. The-tentative parcel map approval ,shall expire one year from the date of the
letter ‘containing the final decision for tentative map approval.
j. This approval is expressly conditioned on the payment by the applicant of a -
public facilities fee as required by City Council Policy No. 17, dated
.February 24, 1982 and effective April 2, 1982, 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. If said fee is not paid as promised,
,this application will not be consijtent with the General Plan and the project
cannot proceed and this approval shall be void. . .
* 6: The subdivider shall piovide for the construction of a 35’ radius cul-de-sac,
half street, including but not limited to concrete curb, gutter and sidewalk,
street trees amd drainage faci.1 i ties, all plans and bonds for said. pub1 ic
. improvements shall be approved by the City Engineer piror to final map approval.
.
.
7. The applicant may request a revtew ‘of the cond
te bf this approval.
Assistant Civil Engineer
CW : mmt
c: John Byrnes
San Diegui to Engineering
itions in wr iting within ten
. .
EXHIBIT I’D” cc 3 -
-
1. Final Map Check Fee
I .
2. Park-ln-Lieu Fee '464(4)
FEES AND DEPOSITS
MINOR SUBDIVISION NO. 583 .
.’ 3. Duplicate Tracing Deposit
. .
. 4. Pub1 ic Faciiiiies Fee ($3,034.88$:)
.
$ 100.00
1,856.OO
50.00 .
$~006.00 ’ .
* Previously Paid and Still Applicable.
. .
8
. . . .