HomeMy WebLinkAbout1976-07-06; City Council; 9462; La Costa Land Co. (W/RSF - La Costa Ave. & San Marcos Canyon) SP1 "
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ORDINANCE NO. 9462
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA ADOPTING A SPECIFIC
PLAN (SP-176) FOR A 117-LOT SUBDIVISION ON A
40-ACRE SITE GENERALLY LOCATED ON THE WEST SIDE
OF RANCHO SANTA FE ROAD BETWEEN LA COSTA AVENUE
AND SAN -MARCOS CANYON. APPLICANT: LA COSTA
LAND COMPANY.
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: A Specific Plan (SP-176) is hereby adopted for
development of a 117-Lot Subdivision on a 40-acre site generally
located on the west side of Rancho Santa Fe Road between La Costa
Avenue and San Marcos Canyon, more particularly described on map
marked SP-176, Exhibit "A", attached hereto and made a part hereof;
and said plan to consist of a plot plan marked Exhibit "B", dated
April 9, 1976, and an application with attachments on file in the
office of the City Planning Department and incorporated by refer-
ence herein, subject to all terms and conditions of this ordinance.
// SECTION 2: Findings. The approval of Specific Plan
(SP-176) is justified by the following findings:
1. The Specific Plan is consistent with the General Plan
and applicable Master Plan because:
a) The land use and density of the project (3.2
dwellings per acre) conform to the site's
designation in the Land Use Element of the
General Plan Land Use Element (Residential
Medium-High density, 10 - 20 dwellings per acre), and adopted La Costa Master Plan
(6.2 dwellings per acre).
b) Open space and Circulation are provided for in a
manner consistent with applicable elements of the
General Plan and the adopted La Costa Master
Plan.
2. The proposed Specific Plan is consistent with the City
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of Carlsbad Environmental Protection Ordinance of 1972
because :
a) An Environmental Impact Report (EIR-35) for a prior
project on the site was certified by City Council and a supplement covering the proposed project pre- pared; and
b) The adverse impacts identified in said Environmental
Impact Report will be mitigated by conditions of this approval, previous project approvals on the
site, ongoing local, State and Federal programs, or have been found to be outweighed by the social and economic benefits of the project.
3. The proposed Specific Plan conforms to applicable City policies and ordinances dealing with public facilities
because :
a) The provision of Public Facilities has been assured,
meeting City standards concurrent with need, as
conditions of approval of this project and prior
project approvals on the site.
b) The parks agreement has been met with the previous
dedication of land for parks purposes.
SECTION 3: Development Conditions. The Specific Plan
(SP-176) is approved subject to the following conditions and
restrictions, and the development of the property, as described
in Section 1 hereof,shallbe subject to all such conditions and
restrictions which are in addition to all requirements, limitation:
and restrictions of all municipal ordinances and state and federal
laws now in force or which may hereafter be in force:
1. Approval of that portion of SP-38, adopted by City Council June 5, 1973, Resolution 3128, included in
this approval shall be amended by this approval.
2. The approval is granted for the land described in the
application and attachments thereto, and as shown on
the plot plan submitted labeled Exhibit *'B" , dated
April 9, 1976. The location of all lots, roadways and
other facilities and features shall be located sub-
stantially as shown on the plot plan labeled Exhibit
I'B", except or unless indicated otherwise herein.
2.
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3.
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9.
Lot 115 shall be divided into two lots. The portion
labeled "Open Space" shall become lot 117 as indicated on Exhibit "B", dated April 9, 1976, and the remainder
designated as Lot 115. An open space easement for
purposes of maintenance and improvement shall be granted to the City of Carlsbad over Lot 115. Lot 117 shall be dedicated to the City of Carlsbad for open space and parks purposes. Both dedicatiohs on Lots 115 and 117
shall occur concurrent with final map recordation.
The applicant shall grant to the City of Carlsbad a
twenty-foot wide easement for public access over the length of Lot 116, the location of which shall be determined prior to approval of the final map.
The applicant shall grant an open space easement for
maintenance and improvement purposes over the remainder
of Lot 116 concurrent with final map recordation.
Prior to the issuance of grading permits, the City Engineer shall approve a plan submitted by the applicant for interim erosion control on all man-made slopes in
excess of five feet created by this subdivision. Prior
to the issuance of grading permits, the applicant shall
post bonds and agreements ensuring the installation
and maintenance of the erosion control system until
permanent landscaping is installed and maintained.
Prior to the issuance of any building permits, the applicant shall submit a permanent landscaping and irrigation plan to the Parks and Recreation Director
for approval. The plan shall:
a) Cover those slopes at the rear of Lots 1-6, 28-31,
48-65, 100-102, 115, 116 and the slope at the east side of Lot 41.
b) Utilize fire-retardant, drought-resistant landscap-
ing which includes trees and shrubs which reach
a variety of sizes at maturity.
c) Utilize an irrigation system appropriate for common
maintenance of the required landscaping in conform-
ance with Conditions 9, 10 and 11.
Concurrent with final map recordation, the applicant grant an easement over the slopes to be landscaped
and irrigated in conformance with Condition 7(a), for
the purpose of landscape maintenance.
Permanent landscaping and irrigation shall be installed
on all lots identified in Condition 7(a) before any of
those lots are occupied. If residential construction occurs in units, this condition shall be met on a
unit-by-unit basis.
3.
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14. All development conditions of the Open Space Zone shall apply to Lots 115, 116 and 117.
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
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LO. Prior to approval of a final subdivision map for any portion of the Specific Plan area, the applicant shall file with the Clerk of the City of Carlsbad a petition
for the formation of an Open Space Maintenance District
as provided for in Section 50590 of the California
State Government Code to provide maintenance of Lots 115
and 116. The applicant shall maintain Lots 115 and 116
and all landscaping installed in conformance with Conditions 6 and 7 until such time as an Open Space
Maintenance District is established and accepts main-
tenance responsibilities as prescribed in the Open
Space Maintenance Act, or until maintenance responsi-
bility hasaccepted another entity acceptable to the City
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Prior to the issuance of building permits, the provision
of permanent open space maintenance shall be assured
to the satisfaction of the City Manager. If the
City Council has not formed an Open Space Maintenance
District as petitioned by the applicant in conformance
with Condition 10, the applicant shall form a Home-
owners' Association to perform maintenance, or guarantee
maintenance by another entity acceptable to the City Manager.
All development conditions of the R-1-7500 Zone shall
apply to the construction of buildings on Lots 1-114.
All lots created by a final subdivision map on the
project site shall be in substantial conformance with Exhibit "B", dated April 9, 1976. The Planning Director
may approve minor deviations in lot lines appearing on a final map if the deviations do not increase the number of substandard frontage lots created, do not significant
ly decrease the availability of on-street parking, and
do not detract from the functioning of the project.
Prior to the issuance of building permits on those lots
adjacent Rancho Santa Fe Road, a study of the noise
levels on said lots shall be made by an acoustical
engineer experienced in noise attenuation. Said study
shall determine if attenuation measures are necessary
to bring noise levels within 65 db(A) outdoors and
45 db(A) indoors, as required by Chapter 35 of the
Appendix to the UBC (1973 ed.). Said study shall
recommend such attenuation measures as deemed necessary.
Said measures shall be incorporated in the site design
and building plans for said lots.
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)rdinance have been satisfied.
EFFECTIVE DATE: This ordinance shall be effective thirty
lays after its adoption, and the City Clerk shall certify to the
idoption of this ordinance and cause it to be published at least
mce in the Carlsbad Journal within fifteen days after itsadoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Zarlsbad City Council held on the 15th day of June , 1976
2nd thereafter
PASSED AND ADOPTED at a regular meeting of said Council
neld on the 6th day of Jul Y , 1976, by the following
vote, to wit:
AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and
NOES : None Councilwoman Casler
ABSENT: None
ATTEST :
(SEAL)-
5.
- 0' EXHIBIT "A" TO ORDINANCE
NO* 9462
SPEC 1 F 1 C PLAN <',A $6
MAP COMPILED BY CITY OF CARLSBAD PLANNING
DEPT. WITH
ASSESSOR BOOK 223 PAGE 20 PARCELS 1-12 AND
DATA SUPPLIED BY APPLICANT. 6-8-76 &
DATA FROM SAN DIEGO COUNTY
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