Loading...
HomeMy WebLinkAbout1973-08-28; Planning Commission; ; CONSIDERATION OF SP 114 AND CONSIDERATION OF TENTATIVE MAP FOR CT 73-11CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT FOR AUGUST 28, 1973 TO: PLANNING COMMISSION REPORT ON : CONSIDERATION OF SPECIFIC PLAN CONSIDERATION OF TENTATIVE MAP CASE NOS: SP -114 CT 73 -11 APPLICANT: J. D. Lusk & Son P.0.Box 2140 Newport Beach, California BACKGROUND : This matter was continued from the Planning Commission meeting of August 14, 1973 to permit staff to meet with the applicant regarding the lack of the provision of 66 -2/3% open space on -site as a part of the proposed de- velopment. The disagreement that exists is in terms of open space , as to how it is determined and what is adequate open space. After an additional meeting, the positions remain unchanged . It is Staff's position that the open space is determined by taking the gross area at the Master Plan stage which is: North .Parcel Area -19 .01 acres (100%) Req . Open Space -12.67 acres (66 -2/3 %) O.P. Planned -10.3 acres (54 -2/3%) 0.P. Needed -2.37 acres (12%) South Parcel 17.7 acres (100%) 11.8 acres (66 -2/3%) 10.4 acres (58 -2/3%) 1.4 acres (7 . 9%) In that the property owner is dedicating 4.0 acres of park sites, the open space requirement is considered met . It is Lusks 1 position that the open shace should be determined by tak ing the gross area at the Master Plan stage, subtracting all proposed streets publ i c or private, and then taking 66 -2/3% of the remainder for open space: North Parcel Area -19.01 acres (100%) Less Streets -1.62 acres (8.5%) Net area -17.39 acres (91.5%) Open Space -11 .80 acres (67 .9%~of net area) South Parcel 17.70 acres 1 :46 acres 16.24 acres 10. 92 acres (100%) (8 .2) (91.8%) (67.1% of net area) STAFF RECOMMENDATION : In this instance, how the proposed open space is allocated may not be germane. The 66 -2/3 % open space requirement is considered to r be a minimum standard. If due to location, terrain and design concept , the Planning Commission believes that greater open space amenities are necessary and they are not being provided in this instance, staff would recommend that specific plan #114 and tentative map no . 73-11 BE DENIED : Justification is based upon : l. The intent of th~··P-C Zone District, though not stated, is to produce an environment of ~stable and desirable character with areas of open space, parking, and _recreational facilities that will be consistent with the anticipated population cif the development . It is within the power of the Planning Commission to guarantee that this environment is created and if they believe that it will not exist, then they also have the right of denial. 2. The Planning Commission, from the initial review of this project, has indicated that the proximity of the proposed development to one of the major assets of the community -the State Beach -and its location on one of the major entrances to the City, do require that greater design concern would be necessary to make the project compatible to the neighborhood. The project, as presently designed does not meet this criteria. 3. In term s of the types of development proposed, the density proposed is excessive . Elsewhere in the City , when a Townhouse development has been proposed, all the necessary amenities have been provided and the density has not exceeded 7 d.u./net acre . In order to increase that density to 8.3 d.u ./acre as proposed in this instance, special design techniques would have to be instituted to prov ~de for th~ additional density. These design concerns do not exist in the proposed development . ATTACHMENTS: Attached is the previous staff report which provides additional information regarding the project. TO: REPORT ON: CASE NOS: APPLICANT: ( CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT FOR AUGUST 14, 1973 PLANNING COMMISSION CONSIDERATION OF SPECIFIC PLAN CONSIDERATION OF TENTATIVE MAP SPECIFIC PLAN-114 CT 73-11 J. D. LUSK & SON P.O. BOX 2140 Nn1/PORT BEACH, CALIFORNIA ( BACKGROU~D: A public hearing was held and closed regarding this matter, on May 22, 1973. The Planning Commission, after some discussion, did return the specific plan and tentative map to staff for· clarification of the open-space calculations. The matter&was continued to the Planning Commission meeting of June 24, 1973. The matter was continued again at the request.of the staff and applicant, to the meeting of July 10, 1973. AT that meeting, the matter was again continued to the Planning Commission of August 14, 1973. Since the original continuance, no changes have been made to the specific plan and tentative map, and the deficiencies with regard to open-space still exist. However, a deed for a 4 .. 00 ac re parcel has been submitted to the City for public purposes. (See attached} The subject property, portions of Section 29,Township 12S, R4W, S.B.M.·, City of Carlsbad, consists of two parcels located one on the south side and one on the north side of Poinsettia Lane (extended), adjacent to Carlsbad Blvd. The northerly parcel contains approximately 19 acres and the southerly parcel contains approximately 17.7 acres. The property is relatively level and is immediately across Carlsbad Blvd. from the Carlsbad iState Beach. An established mobile home park exists to the north and the Ponto industrial area is to the south. Finally, the A;T.S.F. railroad right-of-way exists to the immediate east. REQUEST: That the Planning Commission recommend approval to the City Council of a Specific Plan and Tentative Map to permit a 158 unit condominium development on the north parcel ~ and a 232 unit condominium complex on the south parcel. The specific developments are as follows: NORTH PARCEL Total Units Density Parking 11 required Type of Units: Two Bedroom Three Bedroom Total Open Space ( Req. Min. Open Space Open Space needed to meet Min. Requirements SOUTH PARCEL Total Units Density Parking Parking -required Type of Units: T\1/0 Bedroom Three Bedroom Total Open Space Req. Min. Open Space Open Space needed to meet min. req. The Overall density is ( 19.01 Acres. 158 dwelling units 8.3 dwelling units per acre 425 spaces 306 spaces 42 dwelling units 116 dwelling units 10.3 acres 12 .67 acres 2.37 acres 17.7 Acres 232 dwelling units 13.l dwelling units per acre 542 spaces 435 spaces 116 dwelling units 116 dwelling units 10.4 Acres ll . 8 acres l .4 acres 10.62 dwelling units per acre. Lusk Paq e 2. The proposed recreation facilities are limited to a major recreation area. to be located in the approximate center of each parcel. Said area is to consist of a recreation building,jatuzii and swimming pool. This seems to be inadequate to serve an estimated population of 1287 persons (based upon 1970 U.S. Census average of 3.3 persons per unit) which could contain up to 585 children. Therefore, it is recommended that any approval include the requirement for tot lots. In addition, the applicant is proposing to improve the excess right of way along Carlsbad Blvd. with landscaping, sidewalks and/or riding or bicycle trails. The residents of the subject development will certainly be able to utilize any facilities installed in this area. Finally, the applicant is proposing to con- struct a landscaped earthen birm within the railroad right-of-way for the full length of the subject property, and it may be possible that some portions of that area may be usable for recreational purposes. • As indicated in the description of the proposed developments, an additional open space area of 4.00 acres would be needed to meet the City's minimum open space area of 66-2/3%. Occidental Petroleum has deeded (Exhibit C) a 4.00 acre portion of that area indicated on the adopted Master Plan Map .to be dedicated for public purposes . Thus, with this additional area, the required minimum open space is provided. ( Lusk Page 3. ZO NING AND GENERAL PLAN l. Zoning:· Existing: Propo sed: Adjacent: P-C P-C West: R-A-10 (State Park) North: R-1-10 (CUP) East: R-l-10 (CUP) South: C-M and M. 2. General Plan: By City Council action, Resolution No. 1670 did amend the adopted General Plan to permit a total density of 34 d.u./acre on the subject property. The overall density of 10.62 d.u./acre does conform to this allocation. ENVIRONMENTAL IMPACT CONSIDERATIONS: Both the Planning Commission ~nd City Council did evaluate the General environmental considerations on the subject property as EIS #136 (Casa de los Poinsettias) in April and May, 1973. On May 22, 1973 the Planning Commission did approve an amendment to the EIR covering the total Occidental Petroleum property which was EIS #154, and no other environmental considerations are necessary at this time. STAFF RECOMMENDATIONS: A. Specific Plan #114 Thatthe Planning Commission recommend to the City Council that the Specific Plan as submitted, including the Grant Deed for .A.00 acres, BE APPROVED. Justification is based upon: l. Conformance to the adopted General Plan and approved Master Plan. 2. Along with the proposed improvements in the railroad right-of-way and Carlsbad Blvd., the proposed development does create an environment that does conform to all the requirements of the Municipal code for property in the P-C Zone District. • • CONDITONS OF APPROVAL: Any approval of the Specific Plan should be subject to the following conditions: l. The Specific Plan is granted for the land described in the application and any attachments thereto, and as shown on the plot pian submitted labeled Exhibit A, 8, & C . The location of all buildings, fences, signs, roadways, parking areas, landscaping, and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit A,B,&C ·, except or unless indicated otherwise herein. 2. Unless the construction of the structure or facility is commenced not later than one year after the date the approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. 3. Any minor change may be approved by the Planning Director. Any sub- stantial change will require the filing of an application for an amendment to be considered by the Planning Commission. ( ( Lusk Page 4. 4. All. requirements of any law, ordi nance or regulation of the State of Ca lifornia, City of Carlsbad, and any other governmental entity sha ll be comp l i ed with . 5. No signs or advertising of any type whatsoever shall be erected or installed until plans therefore have been approved by the City of Carlsbad. 6. A 11 area-s shown as parking areas csha ll be · surfaced with asp ha lti c concrete and .shal-1 be visibly marked outlining individual . parkin9 spaces and traffic flow . sa.id . surfacing .. and marking shall be completed prio.r to final _inspection of the structure ·or structures by the Building Department. The ·surfac_e shall be keot .in a reasonably good state_pf rep~ir at all times~ All -garage floors shall be .a •minimum ·of' Portland Cement Concrete. • 7. Prior to obtaining a building permit and within 30 days hereof, the applicant shall file with the Secrrtary of the Planning Commission, written acceptance of the conditions stated herein. 8. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final builming inspection clearance. Deviation from this requirement shall be permitted only by writte~ consent of the Planning Director. 9. Any mechan,cal and/or electrical equipment to be located on the roof . of the :~trutture shall be screened in a manner acceptable to the Planning Director. Detailed plans for said screening shall be submitted, in triplicate, to the Planning Director. 10. An incombustible trash enclosure shall be provided of a size and location acceptable to the Planning Director, and said area shall be enclosed with a fence and/or wall of sufficient height to adequately shield the area. Said fence and/or wall shall include a solid gate. 11. A detailed landscape and sprinkler plan prepared by a landscape architect 1 shall be submitted to the Planning Director for consideration and approval. Said plan shall incluse the proposed improvements of the railroad right-of- way and the excess right-of-way of Carlsbad Blvd. In addition, said plan shall include the detailed plans of all recreation areas and shall include tot lots wherever appropriate. 12. Prior to final building inspection clearance, all landscaping shall be installed. Said landscaping shall, at all times, be maintained in a manner acceptable to the Planning Director. 13. All landscape areas in parking lots shall be enclosed by a raised concrete curb or low wall. All planters adjacent to street right-of-way shall be constructed 1,,1ith weep holes per specifications of the City Engineer. 14 .. Prior to the issuance of any permtts, the applicant shall enter into a mutually acceptable agreement with the Carlsbad Union School District to provide for future school requirements that will result from the proposed development. ·1 s. All ut ilities, ·including electrical, telephone and cab-le te·levision, ( I Lusk Page 5. shall be in stalled underground and/or shall be compl et ely concealed from I/ ·j 21t/. 16. The applicant shall install all required fire hydrants and dry-stand pipes prior to framing construction, and said fire appurtenances shall be functional prior to commencing such work. 17. Prior to the issuance of any permits, detailed building elevations shall be submitted to the Planning Director for consideration and approval. 18. The developer shall form, and hereafter, maintain a Homeowner's Association for the purpose of maintaining all open areas, private roadways, buildings and parking areas B. ON TENTATIVE MAP NO. CT 73-11 -That the Planning Commission reco~mend to the City Council that Tentative Map No. 73-ll BE APPROVED: Justification is based upon: l. Conformance of Tentative Map to the General Plan Commitment. 2. Conformance of Tentative Map to the Munitipal Code.requirements. 3. Conformance of tentative. map to the State Map Act. As a part of any approval, the Parks Ordinance should be considered met for the following reason: The A~□O acres being dedicated exceeds the required area for the number of units proposed. CONDITIONS OF APPROVAt Any approval should be subject to the following conditions: l. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations and restrictions of all municipal ordinances and State and Federal statutes now in force, or which, hereafter, may be in force for the purpose of preserving the residential characteristics of adjacent properties. 2. The Developer shall enter into a mutually acceptable agteement with the Carlsbad Union School District to provide for future school requirements that will result from the proposed development. 3. Prior to preparation of Final Map, a revised tentative map shail be submitted to the City Engineer meeting the requirements outlined in these conditions and showing the improvements of the excess right-of-way on Carlsbad Blvd. and within the railroad right-of-way. Page 6. 4. In order to provide for reasonable f i re protection during the construction period , t he subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants wi t h req uire fire flows sha ll be install ed as recommended by the Fi re Department . 5. All public improvement s shall be made in con form i ty to the City of Carlsbad Engineering Design Criteria and Standard Plans, 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 li ens and encumbrances. Improvement pl ans for water and sewer system shall meet the requirements of the respective service districts. 6. All drainage and grading plans shall be submitted to the City Engineer for approva 1. 7. All land and/or easements required by this Ordinance shall be granted to the City of Carlsbad without cost to the City, and free of all liens and encumbrances. 8. Street names shall be subject to .approval and shall be desig~ated in accordance with the standards and policies adopted by the Planning Commission on file in the Planning Department. Said names shall be approved by the Planning Director prior to recordation of the Final Map. 9.Fire access and turnarounds shall be provided per the Fire Dept. require- ments. 10. The design and construction of all private streets , including turnarounds shall be . subject to the approval of the City Engineer. 11. Vehicular acGess rights to Poinsettia Lane and Carlsbad Blvd. shall be dedicated to the City, except for entrances and exits as approved in the Specific Plan. 12. The location of sewer lines within the A.T.&S.F. railroad right of way is not approved. The precise location of said line shall be subject to the approva 1 of the. h ity Engineer. 13. The developer shall improve Carlsbad Blvd. to City Standards, in a manner acceptable to the City Engineer. 14. The developer shall install full improvements along Poinsettia Lane on the basis of a 102 ft . right-of-way~est~of the proposed bridge structure over the A.T.&S .F. right-of-way to Carlsbad Blvd. Should the City proceed with construction of all or a portion of said improvements prior to re- cordation of the Final Map, the developer shall pay to th e City the cost of said improvements. The cost sha ll be based upon the contract unit prices plus engineering inspection and overhead charges. 15 . The developer shall install a fully activated traffic signal at the tntersectton of Carlsbad Blvd. and Poin~ettia Lane to City standards. ( ll.u s k Page 7. 16 . The development shall conform to all the requirements of the Carlsbad Municipal Water District. • 17. All utilities, including provisions for cable TV shall be placed underground and/or shall be completely concealed from view. {t1.l l OCCIDENTAL LAND, INl Formerly known as OCCioenTaL P€TROL€Um ~<-::,_ ./?~~ 1;~~1" Lano ano D€V€LOPrnenT CORPORaTidn ~~!:21/ 4201 BIRCH SlREET • P.O. BOX B • NEWPORT BEACH, C:AUFORNIA 9'2660 , 714 540-2550 August 6, 1973 Mr. Don Agatep City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Don: MESSENGER RECEIVED fl.UC G 1973 CITY OF CARLSBAD Planning Department The enclosed Deed is for four acres of dedication to the City of Carlsbad to 1nee t City park and open space dedication require- ments If you have any further questions, please do not hesitate to call m.e. Yours very truly, OCCIDENTAL LAND, INC. t1{?;/:/'-;; / •• /t t.-(d-x. .. ti'-:/ //t?/7-l Ken w·asmann Projects Dire ctor KMW:rvh Encl No"'• s,, .. , Addreu City I Slate Nam, s,, .. , Addreu City & $tot, RECORDING REQUESTED BY AHO WHl:H "ECOftOlD MAIL TO i 7 City of Carlsbad 1200 Elm Avenue Carlsbad, Calif. , 92008 -' L --------------------~---SPACE ABOVE THIS LINE FOR RECORDER'S USE MAil TU $U.UMfNTS TO i 7 Same as above. L -' AFFIX I.R.S. $, _____ JN THIS SPACE Corporation Grant Deed TO ~06 CA (8,65) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OCCIDENTAL LAND, INC. a corporation organized und!'r the laws of the slate of California hereby GRANTS to CITY OF CARLSBAD, a municipal corporation the following described real property in the County of San Diego , Stale of California: See Exhibit "A II attached hereto and made a part hereof. Jn Witness Whereof, said corporali on has caused ils corporate name and seal to he affixed hereto and this instru- ment to be exccutc,I h\' iL resident and ______________ ~ccretary thereunto duh• aulhoriz d. Dated: _ f{vr~&~'J~·~-~,,..,~l~l~7~S __ ~.C ~~~~• INC. Sl'i\TE or CALII'OHNIA } ~~ ~?,u_N_·_r_Y_o_F======O::R~A~~N~~G:=E_=-_-_-_-_-_-_-__=-b-c_fo_rc mr.,S~:c uncler• l'7• _ .1&:/~~-Presi,lcnl ,ign,·cl, n Notary l'uhlic in and for said Stale, pers•rnally nppc111cd 7-r,-• Sccrelm Y _____ R. C. Hadley ~ known to me to he lhe --------~-----Prc~idt•nt, and ____ J'-"a'--m_e_s_M_._P_a_r_k_e_r __ known 10 me to he -------,--·Sccrclarr or the Corporation 1hat l'XCClllC'd the wi1lii11 lnstrumcnl, k11,nrn In me lo he the pnson-. whn CXt'Clllr~d the wi1ltin ln:-:trumt•nl 011 lwlrnlf 11{ 1hc Corporn1i11n 1!1rrci11 1111111f•1I, nnil ncknnwlc:cli;ccl In me tlwt surh Curp11rali1111 cxcculc1l 1h,.: wi1hin 111:-lrn • mt·nt 1mrsuant to ii!'-l1r-law!-or n f('solu1 inn 0£ its linard o( din·ctors. WITNF:SS 111y hai:,I nnd 0 nflicial :•I. • ..___~ • Si~nalurc k d ,f. Lfl---rh ~~/ Numc (Typed or Printed) jr1111r1111111111u111111111111111111111r111111r111111,111~;;•;~•i'~'t'~~Al11,1,,,r,1111,,.,1111111, .. I .... • RUTH I. VAN HORN ~ ,.,i; _;(i. 't NOTARY PUBLIC-CALIFORNIA • I '~-;-., PRINCIPAL OFFICE JN j • 2 ' ORANGE COUNTY ~ I MyCommission Expires June 22, 1976 f IIMUIIIJIUl>III.IIIIMllllll/lJIIUIIUILIUIIIIIUtHUJllltlllUIIIIIIIJIIUl,IHUIIIIIUIIUIINUIUIIIOal, (1'hl!1 1tu lol' uftll'lnl nnl1tl11I r.1•111) Tille Orcli,r Nn. E!-cl'OW or I ,on11 • No, .. _ MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT "A II That portion of the East Half of the Northwest Quarter of Section 28, 'J;:ownship 12 South, Range 4 West, S, B. B, M., in the City of Carlsbad, County of San Diego, State of California, ·according to the United States Government Survey approved Octobe·r 25, 1875, described as follows: Beginning at the inter·section of the east line of said northwest quarter with the northerly line of Poinsettia Lane; thence along said east line , N0° 281 45" E 580. 80 feet; thence parallel with said northerly line, S76° 54' 40" W 300. 00 fe e t; thence parallel with said e ast line , S0° 28' 45" W 580. 80 feet to said northerly line of Poinsettia Lane; ··the nce along said n:01··therly line 'N76° ·54• 40" E 300. 00 feet to the point of beginning.