Loading...
HomeMy WebLinkAbout1975-12-02; City Council; 9443; Sommers Dev. Corp. (N/Tamarack & E/ECR) 99-lot subdivision SP1 2 3 4 5 6 7 8 9 1c 11 12 1: Q 14 2( t 0 2: 2: 2: 2L 2! 2( 2' 2I r)< ORDINANCE NO. 9443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING A SPECIFIC PLAN (SP-170) FOR A 99 LOT SUBDIVISION ON A 21 ACRE PARCEL OF LAND GENERALLY LOCATED NORTHERLY OF TAMAF?ACK AVENUE EXTENSION AND EAST OF EL CAMINO REAL. APPLICAST: SOMMERS DEVELOPMENT CORPORATION. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: A Specific Plan (SP-170) is hereby adopted for development of a 99 lot subdivision on 21 acres of land generally located northerly of Tamarack Avenue extension and east of El Camino Real, more particularly described as: That certain unincorporated territory situated within the County of San Diego, State of California, being a portion of Lot "I" of Rancho Agua Hedionda, accord- ing to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, said plan to consist of a plot plan marked Exhibit A to SP-170, revised JuIy 14, 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-170) is justified by the following findings: 1. The proposed development is consistent with the Land Use Element of the General Plan in that the proposed density range of the Land Use Element encourages orderly residential development. I€ 19 2c 21 22 23 24 2: 26 27 28 + 0 - 2. Protection Ordinance of the City of Carlsbad and the California Environmental Quality Act,,in that an environ- mental impact report was prepared for the project site at the time of Master Plan preparation, was certified by the City Council, and a suitable supplement prepared by the applicant. The proposed project complies with the Environmental The Environmental Impact Report identifies four environ- mental impacts which are either mitigated in the con- ditions of approval or not created in this phase of the Master Plan. 3, project, and the installation of needed water, sewer and drainage facilities has been guaranteed. School facilities are available to serve the proposed SECTION 3: Development Conditions. The Specific Plan (SP-170) is approved subject to the following conditions and 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, limita- tions and restrictions of all municipal ordinances and state and federal laws now in force or which may hereafter be in force: 1. Prior to approval of the final subdivision map for the first phase of the project, the applicant shall file an application with the Local Agency Formation Commission to annex Lot A, shown on Exhibit "A", dated July 14, 1975, on file in the Planning Department and incorporated by reference herein, to the City of Carlsbad. Prior to approval of the final subdivision map for the second phase of the project, Lot A shall be annexed to the City of Carlsbad and Open Space easement thereon granted to the City of Carlsbad. Additionally, the applicant shall make every effort to encourage the owner of the adjoining parcel to annex to the City of Carlsbad that portion of his ownership within the San Diego Gas Q Electric right-of-way. 2. The Specific Plan is granted €or the land described in the application and any attachments thereto, as shown on Exhibit "A". The location of all buildings, fences, signs, roadways, parking areas, landscaping, and other facilities or features shall be located substantially as shown on Exhibit "A", except that the facilities and features shown on Lots 91 through 97 inclusive shall be omitted in conformance with the revised tentative tract map, Exhibit C, dated September 16, 1975 on file 2. h 9 ZC 3.3 12 1E 2( 21 2; 2; 24 2: 2t 2: in the Planning Department and inc herein, unless indicated otherwise rporated by reference herein, 3. All lands 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. No easements shall be recorded prior to approval of the final map unless approved by the City Engineer, 4. All requirements of any law, ordinance or regulation to the State of California, City of Carlsbad, and any other governmental entity shall be complied with. 5. No signs or advertising of any type shall be erected or installed until plans therefore have been approved by the City of Carlsbad. 6. All slopes created as a result of this development shall not exceed a 2:l slope unless approved by the City Engineer. 7, The applicant shall grant an open space easement to the City of Carlsbad over lots 20, 35 and 36 as shown on Exhibit "A" upon recordation of the final subdivision map for the first phase of the project, and shall grant an open space easement to the City of Carlsbad over lots 91 and 92 as shown on Exhibit "C" upon recordation of the final subdivision map for the 2nd phase of the project. 8. The applicant shall submit a landscape and irrigation plan for both phases of the project to the Parks and Recreation Director for approval prior to approval of the Final Map for either phase of the project. Said plan shall provide for the landscaping of lots 20, 35 and 36 as shown on Exhibt A and Lots 91 and 92 as shown on Exhibit C with plant materials suitable for controlling erosion and fire hazards. Said landscaping shall be installed prior to the granting of any building permit for either phase of the project. 9. The applicant or his successor in interest shall maintain all landscaping for a period of 12 months follow- ing acceptance of subdivision improvements by the City, in accordance with CC&R's for this development. 10. A Homeowners Association shall be established by the applicant or his successor in interest prior to occupancy of either development phase of the project. Said Homeowners Association shall maintain all plante and landscaped slopes in Lots 20, 35 and 36 as shown on Exhibit A, and 91 and 92 as shown on the revised tentative map, Exhibit C in such a manner that erosion and fire hazards are mitigated commencing 12 months following the ' or until such time as a Homeowners Association is formed 3. 1 2 3 4 5 6 7 a 9 10 11 12 CJ 19 20 21 22 23 24 25 26 27 28 installation of said landscaping, 11. The CC&R*s for this development shall be submitted to the Planning Director for review and approval prior to the approval of the Final Map for the first phase. Said CC&R's shall contain provisions for maintenance of the Open Space lots 20, 35 and 34, as shown on Exhibit and 91 and 92 as shown on the revised tentative tract map, Exhibit C by the applicant, his successor in interest, or a Homeowners Association to the satisfaction of the Parks and Recreation Director and more specifically outlined in conditions 8, 9, and 10 of this ordinance. 12. The minimum distance between face of curb and building shall be 28 feet, except where detached garage is provided behind residence. 13. A total of four parking spaces per dwelling unit shall be provided on-site. Two of these parking spaces shall be in private garages, and shall be provided in a private driveway between the property line and garage. 14. The applicant or his successor in interest shall guarantee the extension of the water main system from Tamarack Avenue to the existing system in Sierra Morena Drive as a condition of Final Map approval of Unit #l. 15. The water system shall provide 2,000 gallons per minute fire flow in addition to domestic flow demand in each phase of development. may be reduced to 1750 gallons per minute based on use of non-combustible roofing material approved by the Fire Chief. Fire flow requirements 16. Prior to Final Map approval, the applicant shall sub- mit a revised Specific Plan Map, incorporate the changes in the revised tentative tract map. 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 have been satisfied. 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. 4. 1 2 3 4 5 E 7 E 5 1( 11 1' 21 2. 2 2 2 2 2 2 2 INTRODUCED AND FIRST READ at a regular meeting of the Zarlsbad City Council held on the18th day of 2nd thereafter December ,, 1975, PASSED AND ADOPTED at a regular meeting of said Council held on the 2nd day of December , 1975, by the following vote, to wit: AYES : Councilmen Frazee, Chase and Skotnicki. NOES : Councilman Lewis and Councilwoman Casler. ATTEST : n (SEAL) 5.