HomeMy WebLinkAbout1975-11-04; City Council; 9433; Ord 9324 repeal - 501 lots on 85.5 acres SP1
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ORDINANCE NO. 9433
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA REPEALING ORDINANCE NO. 9324 AND ADOPTING AN AMENDED
OF 501 LOTS ON 85.5 ACRES LOCATED ON THE
EAST SIDE OF EL CAMINO REAL BETWEEN ELPI AVENUE AND MARRON ROAD.
SPECIFIC PLAN (SP-104A) FOR DEVELOPMENT
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: An amended Specific Plan (SP-104A) is hereby
adopted for development of 501 lots on 85.5 acres located on the
east side of El Camino Real between Elm Avenue and Marron Road,
more particularly described as:
A portion of Lot I'J" in Rancho Agua Hedionda in the County of San Diego, accordina to partition map thereof No. 823 filed with the San Diego County Recorder November 16, 1886.
said plan to consist of a plot plan marked Exhibit B to SP-104AY
dated July 9, 1975, and an application with attachments on file
in the office of the City Planning Department and incorporated by
reference herein, subject to all terms and conditions of this
ordinance.
SECTION 2: Findings. The approval of Specific Plan
(SP-104A) is justified by the following findings:
1. Conformance of the revised Specific Plan to the
approved Master Plan and to the General Plan.
2. Conformance of the revised Specific Plan to all re-
quirements of the Municipal Code requirements applicable to
property located in the Planned Community Zone.
3. Conformance of the precise development to the existing
and proposed development in the area.
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4. Revisions in the Specific Plan are necessary to
clarify the original intent of the Master Plan to require the
provision of adequate park and recreational land and to ensure
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the construction of on and off site road access to serve the
residents of the development.
5. A review of a portion of the project contructed to
date reveals problems with a lack of adequate resident and quest
parking and drainage which must be remedied.
6. The partial grading and construction of Elm Avenue has
revealed after study that a minor shift in alignment is necessary
which can be accomplished without substantially affecting the
development. Any reduction of proposed units resulting from the
shift in alignment can be made up through an increase in density
in other areas of the development. The new aliunment is necessary
to minimize the required amount of grading, reduce the overall cos
of construction and mitigate the adverse effects of the road
construction on adjacent property owners.
I 7. The traffic to be generated by the development will
necessitate traffic siqnals in advance of general city need and
the developer should be required to contribute to such signals in
an amount consistent with that required from other similarly
situated developments in the City.
8. The revised Specific Plan is consistent with the
General Plan in terms of land use, densit.y, and circulation and
the conditions of its anproval are necessary to ensure compliance
with the public facilities element of the plan.
SECTION 3: Development Conditions. The Specific Plan
(SP-104.A) is approved subject to the following conditions and
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restrictions, and the development of the property, as described
in Section 1 hereof, shall be subject to all such conditions and
restrictions which are in addition to all requirements, limitations
and restrictions of all municipal ordinances and State and Federal
laws now in force or which may hereafter be in force:
1. The approval of this Specific Plan (SP-104A) is aranted for land described in the application and any attachments thereto, and as shown on the Specific Plan marked Exhibit B, dated July 9, 1975, on file with the City Clerk and incorporated by reference herein.
The location of all buildings, fences, sians, roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on said Specific Plan unless indicated otherwise herein.
2. 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.
3. 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.
4. The Elm Avenue Right-of-!day as shown in Exhibit E-, dated June 19, 1975 , shall be dedicated to the City of Carlsbad upon the recordation of the Final Map for the
second phase of the development. Elm Avenue shall be improved so as to provide for improvements within a 42 foot right-of-way between the intersection of Avenida de Anita and Elm Avenue easterly along the center line of Elm Avenue to Sta.10+69 as shown on Exhibit E dated June 19, 1975 , 1975 and from Sta.18+55 to the easterly boundary of the Specific Plan as amended (SP-104A) and shown on Exhibit B dated July 9, 1975. Elm Avenue shall be improved so as to provide for improvements within the full 84 foot right-
of-way between Sta.13+60 and Sta.18+55 as shown on Exhibit E dated June 19, 1975 , 1975.
5. A realigned perpendicular intersection shall be con- structed at Appian lday and Elm Avenue. Appian Way shall
be dedicated and improved based on a 60 foot full width within the tentative map boundary and improved based on a 28 foot minimum street section south of the tentative map boundary to a Point where it conforms with the existing alignment and qrade of Appian Way. and improvement shall be subject to the approval of the City Engineer and shall be constructed or its construction guaranteed by a secured agreement prior to approval of the
The proposed realignment
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Final Map for the second phase of the development.
6. The applicant or his successor in interest shall provide for adequate inaress and egress on properties fronting on Appian Way where said ingress and egress is eliminated due to the realignment of Appian ??ray with Elm Avenue.
7. The developer or his successor in interest shall enter into a secured agreement guaranteeing payment of 1/4 of the cost of the future traffic signals which will be required at the intersection of Elm Avenue and El Camino Real, and 100% of the cost of the future traffic siqnals at Marron Road and Avenida de Anita. The developer shall be reim- bursed to the extent authorized by law, by the developers to the north of Marron qoad for their oroDortiona1 share
of the Marron Road Signal. Said agreement shall be executed prior to recordation of the Final Map for the second phase of the development.
8. Street improvments as required by Ordinance shall be constructed in accordance with City standards, subject to the approval of the City Engineer, on all streets within the development and on Elm Avenue and Marron Road as shown in Master Plan for the subject property (MP-5, Ordinance 9315 and SP-104A).
9. Alleys shall be a minimum of 24 feet in width, and there shall be no physical encroachments upon or over them, including but not limited to mail boxes or utility guard rails.
10. The offer of dedication of all alleys with the develop- ment shall be rejected.
11. The garages shall be set back at least 4 feet from the outside edge of the alleys. Planter boxes, with a minimum dimension of 4 feet shall be provided for each garage and landscaping and irrigation shall be provided to the satis- faction of the Planning Director.
12. Portland cement concrete garage slabs shall be extended to the alley right-of-way line.
13. Parkina shall be provided as follows:
a. Within the boundaries of Phase I of SP-lOLCA, CT 72-21 (Final Flap 7651) a ratio of 2.75 spaces per dwelling unit shall be provided.
b. ldithin the boundaries of Phase I1 of SP-104.4, a ratio of 3.00 spaces per dwelling unit shall be provided. Two of these parking spaces shall be in private garages, and at least 25% of the remaining required spaces shall be provided as off-street guest parking.
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14. Separate screened, accessible facilities for trailers, boats and campers shall be provided within the second phase of the subject development and shall be paved and landscaped
in a manner approved by the Planning Director.
15. The developer shall provide hammerhead turnarounds as approved by the City Engineer at ends of alleys.
16. The applicant or his successor in interest shall cause all hammerhead turnarounds and alleys to be posted "No Parking". The applicant or his successor in interest shall request the City of Carlsbad to assist in the enforcement of parking and traffic control ordinances as provided in the appropriate sections of the California Vehicle Code.
17. The parcel known as the Avedian Property, shown as Parcel A, on Exhibit B, shall be included within SP-104A and shall be dedicated for roadway, open space and recrea- tion purposes upon the recordation of the Final Map for the second phase of the development.
18. The developer shall process an amendment to the Tiburon (formerly Tanglewood) Development Plan (MP-5) prior to approval of the Final Map for the second phase of the development. The master plan as amended shall include the Avedian Parcel (5 acres), shown as Parcel A on Exhibit B, which shall be dsignated as Park/@pen Space. The density
for such parcel, seven dwelling units/acre, may be trans- ferred to the area designated Area B Garden Apartments on MP-5, marked as Exhibit Cy dated June 19, 1975, on file with the City Clerk and incorporated by reference herein.
19. All slopes created as a result of this development and after the effective date of this Ordinance shall not exceed a 2:l slope, as recommended by the adopted Geologic Hazards and Seismic Safety Element or unless otherwise approved
by the City Enqineer and verified by appropriate soils reports.
20. The applicant or his successor in interest shall irri-
gate and landscape all graded slopes within each construct- ion phase upon completion of grading. Irrigation and land- scaping shall be done to the satisfaction of the City Engineer.
21. Privately owned manufactured and planted slopes and privately owned Open Spaces shall be maintained by the applicant until such time as maintenacne is performed by an established Homeowner's Association.
22. Sidewalks shall be provided to connect each dwelling unit to major points of pedestrian attraction. Materials to be used shall be subject to approval of the staff.
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23. The sidewalks normally placed adjacent to the curb on dedicated streets shall be constructed in a meandering fashion and made a part of the pedestrian traffic s,ystem for the project.
24. The exteriors of all private buildings, privately owned open spaces, and recreational facilities shall be maintained
by an established homeowner's association.
25. Construction of the model structures and related swimmin
pools, recreation buildings, and other structures as indicated on the model site detail will be permitted upon approval of this Specific Plan by the City Council. Said structures are not to be utilized for other than sales purposes until a Final Flap has been filed for the units involved.
26. The underground drainage, water and sewerage systems are not shown and are subject to modification and approval by the City Engineer.
27. All streets shall be named in accordance with the City street naming policy.
28. All hydrants and additional fire appurtenances shall be installed as required by the Fire Department.
29. Structures adjacent to El Camino Real will have red tile mansard roofs in keeping with the Spanish trail concept of El Camino Real.
30. Exh
pat
The applicant's design for patio covers, as shown in
ibit D, dated June 19, 1975, shall be the only types of io covers permitted.
31. All weather access shall be provided to all manholes and cleanouts. Any water, sewer or storm drain lines installed in slopes shall be placed normal to the slope.
32. Street trees and 10 foot street-tree maintenance ease- ments shall be required for Elm Avenue and ldarron Road.
33. The conditions, covenants and restrictions and provisions for maintenance of the community spaces shall be approved by the City Attorney prior to approval of any Final Map.
34. The Building Department shall not approve any building for occupancy until the Planning Director has certified that all the conditions of this ordinance have been satisfied.
35. Prior to the issuance of any buildinq permits, the applicant or his successor in interest and the City Engineer shall ensure that proper grading and drainage has been provided.
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SECTION 4: Administration and Enforcement. The Building
Department shall not approve any building for occupancy until the
Planning Director has certified that all the conditions of this
ordinance has been satisfied.
SECTION 5: Ordinance No. 9324 is repealed.
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 2nd day of September , 1975,
and thereafter.
PASSED AND ADOPTED at a regular meeting of said Council held
on the 4th day of November, 1975, by the following vote, to wit
AYES: Councilmen Frazee, Chase, and Lewiso
NOES: Councilman Skotnicki and Councilwoman Casler
ABSENT: None
ATTEST:
(SEAL)
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