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HomeMy WebLinkAboutCT 77-01; McKeand John; Tentative Map (CT) (2)KecQ-ipt \{o.AA(^/J F:)A ^^^f'".-^ .^..XI^^PLTJJO^. Name of Api:. 1 1 cant: j^hn^McKeand A fl (1 r C S S : 2_5_2 5__Je f Jer spn_,_ y _N , Car 1 sbad • Poniilt Ap[)'licd For: Approval of Tentative Map C cl s e W OS.: ^ Location of Proposed Activity: Southerly and Adjacent to 2525 Jefferson BACKGROUND inrORKATION ' • - 1.-. Give a brief description of the proposed activity (attach d ny j) 1" e 1 i in 1 ii a ry d e v e 1 o p :;i e n t p 1 a n s ) , To construct a 15 unit condominium with recreational facilities as an addition to the condojninium to the North with the recrea- tional facilities to complement the recreation facilities existing in the development to the North. 2. D e s c r 113 e tlie a c t i v i ty a r o. a , i n c 1 u d 1 \ 1 cj d i s t i n g u i s h i n g n a t u r a 1 a n d m a n ni a d e c h a r a c t c; r' i s t i c: s ; also p r o \' i d e p r e c i s e slope analysis when appropriate. Property has an old single family home on it at present (to be demolished); otherwise; property is basically in natural state with some trees planted years ago. Only natural charactoristic is slope at Vvest .end of'property which is not to be changed. Describe energy conservation iiieasuros incorporated into the design and/or operatioii of the iirojoct. The attaching and over & under design is energy conserving by nature of design -•also insulation will be used to further conserve energy. miVrnVBllhl II'IPACT ASSnSSHlINT FORM 4 ^^ ' Environmental Impact Analysis Answer the following questions by placing a check in the appropriate space. . ' Yes No 1. Could the project significantly change present land uses • •• " in the vicinity ofthe activity? x 2. Could the activity affect the use of a recreational area, or area of important aesthetic value? 3. Could the activity affect the functioning of an established community or neighborhood? ^_ 4. Could the activity result in the displacement of communi'ty .residents? X 5. Are any of the natural or man-made features in the activity ^ .area unique, that is, not'found in other parts of the County, State, or nation? 6. .Could the activity significantly affect a historical or . archaelogical site or its setting? . 7 • • Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural res- . ource? _ . . • . ^ 8. Does the activity area serve as a habitat, food source nesting place, source of v/ater, etc. for-rare or endangered wildlife ou fish species? _ ' ^ 9. Could the activity significantly affect fisli, wildlife or plant life? • „ • -10. Are there any rare or endangered plant species in the , ' activity .area?. . , • ^ 11. Could the activity change existing features of any.of .the city's lagoons, bays, or tidelands? • •' . „: ^ 12. Could the activity change existing features of any of the City's beaches? , ^. 13. Could the activity result in the erosion or elimination of .agricultural lands? . - . • ^ __L2£ 14. Could the activity serve to encourage development of .presently undeveloped areas or intensify development of already developed areas? " ' . . , PL Yes • N_o •15.^ I'.'ill' the activity require a variance from established environmental . ' standards (air, water, noise, etc}? . ' x_ 16, Will tfie activity require certification, autfiorization or issuance of a permit by any. local. State or Federal environmental control agency? . ' x ' 17. I'/i 11 the'activity require issuance of a variance or conditional use permit by the City? ' -, • x_ X .18. Will the activity involve the application, use, or disposal of potentially hazardous materials? ; '' • • • 19. Will the activity involve construction of facilities in a flood • -plain? fL 20. Will the activity involve construction of facilities on a slope of 25 percent or greater? . [ 77- 21. Will the activity involve construction of facilities in the area of an active fault? . ^_ 22. Could the activity result in the generation of significant amouats of noise? x 23. Could the activity result in the generation of significant amounts of dust? . ^ 24. Will the activity involve the burning of brush, trees, or • ' other materials? • . " ' ' .- . • x .25. Could the activity result in a significant change in the . • ' quality of any portion of the region's air or water resources? (Should note surface, ground water, off-shore). ' ^ 26. Will there be "a significant change to existing land form? ^ (a) indicate estimated grading to be done in cubic yards. 2700 • - • (b) percentage of alteration to the present land form, visibly.: . (c) maximum height of cut or fill slopes. • -2' .27. Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? , . ^ III. State of .No Significant Environmental Effects ' . If you have answered yes to one or more of the questions in Section II but you , think the activity will have ao significant environmental effects, indicate your ' reasons below: • ^ • _ ' . Per No; 16.* Coastal permit has been obtained, tentative.map approval required.' . . . . ' ' . • • " .» . • ' • • • • V . ; , • • • • • . . • • . • . . . • / IV: Comments or Elaborations to Anv of the Questions in Section II. . I I I - • I I I.l. ... I I • I IL. • . Ml .- I-l . I .1 r.1 Mi"i I . - I -I , I . I • I •- I • • • I I I I ..I , .. (If additional space is needed for answering any questions, attach additional sheets as may be needed.) . . Signature ;Harry L. Trua Da te S i g ned: 12-31-76 erson coriiptT!t1ng report) L.S. 3802 Conclusions (To be completed by the Planning Director). Place a check in the appropriate box. ( ) Further information is required. It has been determined that the project will not have significant environmental effects. ( ) You. must submit a preliminary environmental impact statement by the following date_ . ( ) You should make an appointment with thfe Planning Director to discuss further processing of your project, in accordance with Chapter 19.04 Of the Municipal Code. p^^^ CO^PUMdC^ RECEIVED: - ( AAT 73 --^^ V . BY: Revised 7/3/74 STAFF REPORT February 23, 1977 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO: CT 77-1 APPLICANT: JOHN McKEAND REQUEST: APPROVAL OF A 15-UNIT, 1-LOT. CONDOMINIUM WITH RECREATIONAL FACILITIES ON A(1}ACRE PARCEL. SECTION I: RECOMMENDATION: It is recommended that CT 77-1 be APPROVED because of the following findings and subject to the following conditions: FINDINGS: 1) The proposed map is consistent with the General Plan because: a) The Land Use Element designates the area for Residential Medium-High density (10-20 dwelling units per acre). The project provides 15 dwelling units per acre. 2) The design or improvement of the proposed subdivision is consistent with the General Plan because: a) The project will provide orderly residential development; and b) The project will not cause excessive expansion of public facilities and/or expense to the taxpayer. 3) The site is physically suitable for the type of development be- cause : a) The parcel has sufficient flat area to accommodate the pro- posed structures within ordinance requirements. 4) The site is physically suitable for the proposed density of development because: a) Clustering the dwelling units allows for reduced land coverage and elimination of significant interference with the existing bank or mature vegetation; and 5) The design of the subdivision or the imposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because: a) Negative declarations have been issued for previous requests of a similar nature on the site. -1- 6) The design of the subdivision or the type of improvements are not likely to cause serious public health problems because: a) Conditions of approval will insure the above. 7) The design of the subdivision or the type of improvements will not conflict with easements required by the public at large for access through or use of, property within the proposed subdivision because: a) Conditions of approval will insure necessary service easement access. 8) The subdivision will not prohibit reasonable access to public water- ways, rivers, streams, lakes, reservoirs, coastlines or shorelines because: a) No public access was available over the subject property under the previous land use (single-family residence). b) The subject property does not legally front on any of the above, CONDITIONS: 1) The approval is granted for the land described in the application and any attachments thereto and as shown on the Plot Plan submitted labeled Exhibit A, dated January 13, 1977. 2) Final Map shall be completed within 18 months from the date of City Council action on the Tentative Map. Two extensions of one year each may be approved by City Council upon staff review of the original decision. 3) All public improvements shall be made in conformity with the subdivision Ordinance and other City standards to the satisfaction of the City Engineer, without cost to the City of Carlsbad and free of all liens and encumbrances. 4) In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 5) All land and/or easements required shall be granted to the City of Carlsbad without cost to the City and free of all liens and encumbrances. No easements shall be recorded prior to record- ation of the final map unless approved by the City Engineer. 6) The improvement and grading plans shall include a report of a geological investigation and a complete grading plan of the entire site, when required by the City Engineer. The report and plan shall be prepared by civil engineers licensed by the State of California and experienced in erosion control, who -2- shall be acceptable to the City Engineer. They shall certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighbor- ing properties and in conformance with the Geologic and Seismic Safety Element of the General Plan. 7) Storm drainage collected within the improved surfaced of the proposed condominium shall be directed to the lagoon through a closed conduit drainage system. 8) An onsite fire hydrant shall be installed as required by the Fire Marshall, and served by a public waterline extension. A secured improvement agreement shall be executed and a 15 foot wide public waterline easement shall be dedicated as follows: a) If the site plan is finalized and the hydrant location is determined prior to the recordation of the final map, then the easement shall be dedicated on the final map and the agreement shall be executed prior to approval of the final map; b) If the site plan is not finalized and the hydrant location is not determined, then the easement and agreement shall be processed after final map recordation and prior to building permit issuance, under the provisions of Chapter 14.40 of the CMC. 9) The existing driveway opening in the lot frontage shall be re- moved and a 24 foot driveway opening shall be installed, accord- ing to City of Carlsbad standards, at the entrance to the proposed joint driveway. 10) All mature vegetation on site will be retained to the satisfaction of the Parks and Recreation Director. 11) A landscape and sprinkler system plan shall be submitted to the Parks and Recreation Director for evaluation and approval prior to recordation of the Final Map. 12) Land adjacent to Buena Vista Lagoon that is necessary for public access along the shoreline, as determined by the Parks and Recreation Director, shall be dedicated prior to or concurrent with final map recordation. The applicant shall submit to the Parks and Recreation Director a survey plat of this park dedication. The dedication shall be in proper aligniflent with the previously dedicated portion from the property adjacent to the north. SECTION II: BACKGROUND: Location and Description of Property: The parcel is located on the west side of Jefferson between Laguna and Buena Vista. The site is rectangular with 88 feet of frontage and 495 feet of depth. The western edge of the property is adjacent to Buena Vista Lagoon. The site is generally flat, ranging from 60 to 55 feet in elevation. There is a rapid drop in elevation from 50 feet to about 30 feet, along the western property boundary. The eastern part of the property is the site of a vacant single family residence and shed in dilapidated condition. These are to be demolished A number of mature trees and shrubs are located around the existing structures. They appear to be in good condition. Existing Zoning Subject Property: North: South: East: West: R-3 R-3 R-3 R-3 R-l-10,000 Vacant Single Family Residence Condomi ni ums Apartments Single Family Residences Vacant and Buena Vista Lagoon Existing Land Use: Subject Property: North: South: East West Past History and Related Cases: City Council Resolution No. 2039 (July 5, 1972) approved Carlsbad Tract 72-10 for 15 condominium units on approximately 1 acre. This development was built on the northerly property adjacent to the subject property. The applicant for the subject request had an approval for a 15 unit condominium project on the subject property under City Council Reso- lution No. 3284, dated December 18, 1973 (CT 73-50) for a similar units rather CT 73-50 expired. The applicant reapplied, (CT 76-16) project October 4, 1976. The project request was for 7 than the previously approved 15 unit project. CT 76-16 was approved by the Planning Commission (P.C. Reso. 1294), and sent to the City Council. At the December 21, 1976 City Council meeting, the applicant requested the project to be withdrawn. The applicant has now reapplied for the same project as approved by CT 73' 50 •4- Environmental Impact Information: Negative Declarations have been issued for the initial 15 unit request and for the subsequent 7 unit request. The subject project is, therefore, considered consistent with the Carlsbad Environmental Protection Ordinance by prior compliance. General Plan Information: The Land Use Plan designates the subject property as Residential Medium High Density (10-20 dwelling units per acre). Public Facilities: Water and sewer service to the site is available from the City. Incidental Information: Staff guesses that reasons behind the submittal for 7 units, then 15 units, are based on the availability of financing and Coastal Com- mission requirements. Major Planning Consideration: Are these new considerations that would change the previous circum- stances resulting in approval? SECTION III: DISCUSSION: Staff does not feel that circumstances have changed since approval was granted for CT 73-50. As a practical matter, staff considers CT 72-10 and the subject project the same subdivision. The subject is similar to a "second phase". It should be pointed out, that the subject project and the project to the north (CT 72-10) are designed to utilize a common driveway and parking facilities. The condition of approval requTring reciprocal access easements for the use of the interior driveway will insure common use of the drive and guest parking facilities for the subject project and CT 72-10 to the north. A number of concerns regarding circulation and parking have been raised by staff. Because the current request is for a subdivision, these issues are not subject to total evaluation at this point, staff feels that if the plans for the total development remain the same, specific problems should be resolved through the building permit process. Staff feels that the requested subdivision can work conceptually, and that the above problems can be resolved adequately at the building permit stage. TH:ar 2/17/77 -5- Carlsbad JdUrnal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PICO AVENUE • P,0. BOX 248 • CARLSBAD, CA 92008 • 729 2345 Proof of Publication STATE OF CALIFORNIA, 55 COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Joumal a newspaper of general circulation, printed and published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of Son Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING CARLSBAD TRACT (CT 77-1) NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbaci will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 P.M. on Wednesday, February 23,1977, to consider an application for approval of a tentative map for a 15-unit con- dominium project, replacing a 7-uiiit condominium development (CT 76-16), on property located on the west side of Jefferson Street between Laguna Crive and Buena Vista Way, and more par- ticularly described as; That portion of Lot 1 —the northeast quarter ofthe northeast quarter of Sec- tion 1, Township 12 South, Range 5 West, San Bernardino Meridian, in the City of Carlsbad, in the County of San Diego, state of California, according to United States Government Survey ap- proved June 22,1883, and also listed in the County Assessor's Book No. 155, Page 17, Parcel 33. l^ose persons wishing to speali on this proposal are cordially invited to at- tend the public hearing. Ifyou have any questions, please call 729-1181 and asli for the Planning Department. Applicant: JOHN MC KEAND CITY OF CARLSBAD PLANNING COMMISSION CJ 669w: February 9,1977 :•-Z^-r prun ry. 19.7.7. 19 19 19 19 . I certify under penalty of perjury tfiat the foregoing is true and correct Executed at Carlsbad, County of San Diego, State of California on Pie 9th ^ day of iLn onr .ry 1977 Clerk of the Printer V ^irfel2)@(sl TOoi^ ^h(mi (imkM 001 pine Qvenu« corlsbodcoliforniQ 92000 729-9291 February 22, 1977 Reference: CT 77-1 John McKeand 15-Unlt Condominium Mr. Eric Larson, Chairman and Members of the Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. Bud Plender, Acting City Planning Director Gentlemen: Our district has reviewed the proposed 15-unit condominium development generally located on the west side of Jefferson Street between Laguna Drive and Buena Vista Avenue as referenced above and has evaluated the impact of that development on the facilities of our district. The Governing Board wishes to advise the City officials and the residents of Carlsbad that as residential units are added to the community, it is likely that many classes in the district will be crowded, resulting in possible impairment to the educational and transportational services offered to the students. It is also likely that school schedules may have to be changed, resulting in an increase in the year-round school program, or double sessions, or both. However, the district is able to assure you that school physical facilities will be available concurrent with need for this development as it is presently proposed. Very truly yours A. Crawford District Superintendent FHL:RAC:aw CC: John McKeand ROBERT A. CRAWFORD DISTRICT SUPERINTENDENT BOARD OF EDUCATION THOMAS L. CURTIN, M.D. W. ALLAN KELLY RICHARD R. O'NEIL, M.D. MARY A. SCHERR HOPE WRISLEY V ^(§ii?Dglb(§](ol TOio(t(9] ^hmA ^kSt^M 001 pln« Qvenu« corlsbodcolifomiQ 92000 729-9291 February 16, 1977 Reference: CT 77-1 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. Bud Plender, Acting City Planning Director Gentlemen: The Governing Board of this school district has reviewed the information sent from your office concerning a proposed development planned by Mr. John McKeand to constmct 15 condominium units in accordance with the above-referenced application. It is necessary for the school district administration to meet with Mr. McKeand to enter into a new agreement with him for providing contributions for school facilities. We, therefore, cannot at this time provide you with information that the district can provide school facilities for this proposed development. Sincerely yours FHL:RAC:aw R. A. Crawf District Superintendent RECEIVED FEB 17 i977 CITY OF CARLSBAD Planning Department ROBERT A. CRAWFORD DISTRICT SUPERINTENDENT BOARD OF EDUCATION THOMAS L. CURTIN. M.D. W. ALLAN KELLY RICHARD R. O'NEIL. M.D. MARY A. SCHERR HOPE WRISLEY Receipt No..^V/_0 ^ APPLICATION NO. CARLSBAD TRACT 77-1 CITY OF CARLSBAD V (Please Type or Print) ' . " * Pater 12-31-76 1. REQUEST; Tentative Subdivision Map for; Air space Division (Land division - air space division - combination land and air space division) 2. LOCATION: The subject property is generally located on the West side of Jefferson between Laguna and Buena Vista 3. ASSESSOR'S NUMBER: Book 155 Page 17 Parcel 33 Book Page Parcel (If more, please list on bottom of page). 4. OWNER(S): Name Address City Zip Phone John McKeand 2525 Jef fer.qon . Onit- rari aK^H Q^nnR 7?q-FiRQ? 5. Person responsible for preparation of Map Name Address City ' Zip Phone H. L. Truax Brian" Smith Engineers. Inc.. 2656 State St.. Carlsbad- 92008 229-8981 Registratian or License No.: LVS. 3802 ; APPLICANTS SIGNATURE: I.hereby declare that all information contained within this application is true; and that all standard conditions as indicated on the attachment have been read, understood and agreed to. Name Address City Zi£ Phone John McKeand 2525 Jefferson, Unit N, Catlsbad 92008 729-8892 Representing (Company or Corporation) Relationship to Property Owner(s) owner ^ The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant thro jg'hout. the Planning Stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal. This request is not a requirement; •however, it may avoid major redrafting or revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: • Supplemental Information Form - Planning 20. Time Extension Agreement - Planning 37 Standard Conditions - Planning 28 Preparation Check List - Planning 33 Procedures - Planning 36 FORM: Planning 0 Date of Planning Conimission Approval SUPPLEMENTAL INFORMATION FORM SPECIFIC PLAN/TENTATIVE SUBDIVISION MAP PLANNED UNIT DEVELOPMENT/SITE ,DEVELOPMENT PLAN . SPECIAL USE PERMIT 1. Gross Acres (-or square footage if less than acre) i.oo Acres 2. Number of Lots 1 Lot 3. Type of Development Residential . (Residential', Commorcial,' Industrial) 4. Present Zone R-3 Proposed Zone (if change requested) 5. General Plan Land Use Designation RMH - Medium High Density 15' - 20 DU/Acre 6. Source of Water Supply city of Carlsbad 7. Method of Sewage Disposal city of Carlsbad Gravity Sewer System 8. Types of Protective Covenants to be Recorded Same as CT-72-lo 9. Transportation Modes Available to Service the Development, N.C. Transit System - Bus • .10. If residential development please complete the following: a) School District Serving the property carlsbad Unified Sr^hnnl Di .strict b) Are school facilities capable of serving this project:_ . See CT 73-50 - Approvals on File (Written confirmation' of this requirement must be received by the Planning Department at least one week prior to Planning Commission hearing. If not received by this time the request will be denied.) 11, Methods proposed to reduce sound levels insulation 12. Methods proposed to conserve energy in-suiation Additional sheets may be attached If necessary to answer any of the above questions. FORM Planning ?0 Date of Planning Commission Approval ^"^•'7v) \ STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP ^ CITY^OF CARLSBAD' the c"7 ^%"t^"^^^.by the inltuWroTPllnPlf tle'lPPcPPL the statement thi r\A ?-A A ^9^"*- you choose not to sign tentativrmaS'u^f] • ^ ^'"P* ^^"^ application for the cessed^'^^^^^^^ P'^^' necessary entitlements have been pro- In either circumstance, the City will process your request within the earliest time period, however, in no circumstance shall this delay be greater than 150 days from the day of submittal of appli- cation. The undersigned understands that the processing time required by the City may exceed fifty (50) days, therefore the undersigned agrees to exrtend the fifty (50) day processing limitation and fully concurs with any extensions of time up to one hundred and fifty (150) days that may be required to properly review all of my appli- cations in order that the environmental impact report and any other prerequisites to this application may be processed concurrently. Signature Harry L. Truax As Agent , Name (Print) '• ^ Relationship to Application • (Property Owner-Agent) FORM Planning 37 Date of Planninq Commisslon. Approval THE LAND REFERRED TC HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY QFi SAN DIEGO, ANO IS DESCRiaED AS FOLLOWS: THAT PORTION OF LOT 1 - THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION I, TOWNSHIP 12 SOUTH, RANGE 5 WEST, SAN BERNARDINO .MERIDIAN, IN THE CITY OF CARLS3AD, IN THE COUNTY CF SAN OIEGO, STATE OF CALIFORNIA, ACCQROING TO UNITED STATES GOVERNMENT SURVEY APPROVED JUNE 22, 1883, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF S4ID SECTION I; THENCE ALCNG THE EAST LINE OF SAID SECTION 1, SOUTH O^OS' WEST 140 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0<*Q5' WEST 88 FEET TO 4 POINT, SAID POINT BEING THE NORTHEAST CORNER CF THE PARCEL OF LAND CONVEYED TO DONALD R. HOWE AND KATHERINE JEWELL HOWE, HUSBAND AND WIFE, BY DEED RECORDED JANUARY 19, 1944 IN THE OFFICE CF CQUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 89»55' WEST ALONG THE NORTH LINE OF SAID HOWE'S LAND, 495 FEET TO THE WEST LINE OF THE EAST 15 ACRES OF SAID LOT 1; THENCE ALONG SAID WEST LINE, NORTH 0<»05' EAST 88 FEET TO A POINT; THENCE SCUTH a9« 55* EAST 495 FEET TO THE POINT OF COHMENCEMENT. 1011073 PAGE 4