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HomeMy WebLinkAbout1973-03-06; City Council; 1054; Final Environmental Impact Report'E CITY OF CARLSBAD CALIF""NIA Agenda Bill Date <7 /*/ "(J' ~ /- Referred To: NVIRONMENTALANGE NO. 101, CITY COUNCIL AL IMPACT REPORT.c-i . *-r— - J-KSubject: ZONE CHANGE NO. 101, SPECIFIC PLAN NO. 102, Submitted By: and TENTATIVE MAP CT-73-1, request filed by Covington PLANNING Coninmark for approval of Zone Change R-l-15,000 to COMMISSION P-C, approval of Specific Plan and Tenative Map for property located on the Sly side of Adams St. Ely of ____ Hoover St., and Statement of the known as Matter Hedionda Point. The request for change of zone was considered at the regular meeting of the Planning Commission held on February 13, 1973. The application was approved along with Final Evnironemental Impact Report. The applicationsfor Specific Plan and Tentative Map were considered at the regular meeting held on February 13, 1973 and both applications were approved subject to the conditions outlined in the attachced staff reports. Final Environmental Impact Report was reviewed and approved.for the project to be known as Hedionda Point. Exhibit Staff Staff Staff Plan. City Council Report - Zone Change Case No. 101 - February 13, 1973 Report - Specific Plan Case No. 102 - February 13, 1973 Report - CT- 73-1 - February 13,1 973 Comm. Resolution Nos. 867, 870 and 872 Resolution Ordinance NoJ. fl Appl ications Recommends t i ons 8. Applicants Exhibits 9. E.I.R.- Envirometrics Develop. Planning Staff recommends approval of the subject requests for the reasons more fully outlined in the aforementioned reports. AB NO. . Date: February 27, 1973 City Manager's Recommendation Concur with Staff Recommendation. It appears the developer's improve- ment of Adams Street will meet his pro-rata share of necessary circu- lation needs in the area. The developer should indicate how he intends to provide his portion of Public School facilities. Council Action 3-6-72 - Following the Public Hearing, Res. 3074 announcing findings on proposed zone change was defeated; the Council concurred that the prpposed development was premature for the area since the General Plan was not complete for that area. 3-7-73 The Council moved to reconsider their action on the matter and further agreed that at such time as the General Plan was adopted for the Hedionda Point area the applicant could present his application again, without fee, providing there were no changes to the Specific Plan and Tentative Map. — 2 — CITY OF CARLSBAD PLANNING DEPARTMENT FOR FEBRUARY 13, 1973 TO: PLANNING COMMISSION ZONE CHANGE CASE NO. 101 DESCRIPTION OF APPLICATION. The applicants(COVINGTON-CONINMARK) are re- questing approval of a Change of Zone from R-l (15,000) to P-C (Planned Community) on 12.9 acres of real property on the southerly side of Adams Street, easterly of Hoover Street. DESCRIPTION OF PROJECT. The applicants are proposing to 'develop a 190 unit condominium project consisting of: 52 - one-bedroom units 64 - two-bedroom units 74 - three-bedroom units. 190 The project is comprised of 17 separate landscaped, terraced units,with water front orientation and on-site recreational facilities. The proposed de- velopment site is 12.9 acres in size and the proposed density is 14.7 dwelling units per net acre. To accommodate the proposed development, the applicant has filed the required Environmental Impact Report, Zone Change Request, Specific Plan and Tentative Subdivision Map. Although each application requires a distinct action on behalf of the City, the Planning Department would recommend that the City review the proposed project in its entirety to ensure that a true comprehensive assessment of the project with respect to the environment is accomplished. DESCRIPTION OF PROPERTY. The subject property is adjacent to the northerly shore of upper Agua Hedionda Lagoon. Adams Street forms the northern boundary, Hoover Street forms the westerly terminus, and the property has approximately 1600 feet of frontage along the Lagoon. Said property contains 12.9. acres of land area presently divided into five parcels. The applicants propose to con- solidate the property into a one-lot condominium subdivision by Tentative Map ZC-101 Page 2. CT 73-1. The property has slopes of approximately 25% which rise from the waters' edge to heights of 80 feet. The land area is vacant and covered with natural vegetation. A fifteen foot wide sewer easement runs the length of the property near the waters edge, water service as well as other required utilities are available within the immediate area and they possess the capability of adequately serving the proposed development. DESCRIPTION OF SURROUNDING LAND USE AND ZONING. 1. Land Use - The property to the east is currently developed as a commercial use, with orientation toward water recreation (Blue Max) the property to the north is utilized as a single-family residential, to the west is a combination of vacant property and commercial (Fox's Snug Harbor), immediately to the south is the upper Agua Hedionda Lagoon. 2. Surrounding Zoning - The property to the east is zoned R-l (15,000) and R-T, to the north is R-l (15,000), to the west is R-l (15,000), and R-T, and the Lagoon to the south is zoned P-U. As a point of information, the Planning Department has been approached with tentative proposals for zone change requests on the property to the east of the subject development site. The tentative proposals have indicated a desire to obtain P-C zoning at a density less than the 30 units per acre recognized by Land Use Amendment #2. EFFECTS ON THE GENERAL PLAN The Land Use Amendment #2 of the General Plan, dated September, 1970, designates not only the subject property for a maximum residential density of 30 dwelling units per net acre, but provides the same land use to the entire northern shore of the upper Lagoon. This in itself is not without merit, however, the next step has not been accomplished as of this date. The City has not made provisions, for adding Adams Street to its Select System of Streets and Highways. Therefore, Adams Street has remained a local collector with a 50 foot right-of-way without provisions for either increasing the right-of-way or flattening out the curves to provide the facilities for accommodating the projected traffic volume. The Land Use and Density provisions were established as a result of the Small Craft Harbor Study conducted in 1965. The fact that the harbor program has not materially progressed would give credence to the position that a complete reassessment of the land use activity around the north shore is. warranted. -2- ZC-101 Page 3. The circulation system in the subject area has a deficiency, although the singular effect of this proposed project may not impact Adams Street beyond its capacity to adequately facilitate the projected traffic volume. However, the cumulative effect of developing all the property along Adams Street, to the recognized density, will most assuredly impact the circulation system beyond its present capacity to adequately disperse the traffic. Therefore, if the City desires to maintain the current land use status along Adams Street, then it should recognize its obligation to master-plan a functional circulation system for the area. The Planning Department finds that this proposed project is consistant with present goals and objectives of the General Plan for the following reasons: 1. Proposed Density is less than half (14.7 dwelling units per net acre) of that recognized by the General Plan, (30 dwelling units per net acre). 2. Public utilities are available and are capable of adequately serving the proposed development. 3. The developer has offered a five foot wide strip of land to the City for street widening purposes, thereby substantially upholding his obligation to.provide adequate circulation facilities. 4. Improved public access to the Lagoon is provided at the westerly end of the project as well as along the entire length of the existing sewer easement. ENVIRONMENTAL IMPACT CONSIDERATION The applicant has submitted the required in-depth Environmental Impact Report. Upon review of the report the Planning Department finds that this project may have a substantial impact on the environment. Albeit, the developer has proposed measures to mitigate the impact on the circulation system, and the utilization of the significant recreational resource. The Planning Department can not provide substantial assurances that the long range impact, with regard to the growth inducing aspects of this project, have been adequately provided for. It should be understood that the City has the obligation to direct its development through the General Plan process. Because the applicants ability to mitigate the environmental impact does not extend beyond the perimeter of his project, the City must take the responsibility for the area planning. -3- ZC-101 Page 4. The basic premise of this report is that development can occur in the City of Carlsbad, and more specific, on this subject property, if proper attention and consideration are paid to the Social, Economic and Environmental Impacts due to the increased utilization of the existing land resource. The applicant proposes to optimize the development site with a project that is mindful of the need to harmonize with the environment of Agua Hedionda Lagoon. The project proposes to provide urban amenities in conjunction with pre- servation of public access to this water recreational area. The growth inducing aspects of this development should be, on a cumulative continuum, considered as significant. However, it is incumbant upon the City to exercise prudent policies to eliminate and/or minimize premature development which might over-tax its services. Again, the Planning De- partment can only point out that this singular project is in keeping with existing goals and development policy of the City. MITIGATING MEASURES - The following measures are recommended to be employed to lessen any adverse effect on the environment: 1. During the construction phase: (a) Temporary screening and/or fencing shall be utilized. (b) Work Operations shall only be carried out during day light hours unless otherwise authorized by the City of Carlsbad. (c) Notification of surrounding property owners shall be made at least 48 hours prior to any major activity taking place on the subject property. 2. In addition to the five foot wide strip of land offered for dedication to facilitate street widening, an additional five foot wide strip of land shall be designated as a planting and landscaping easement. 3. Maximum effort shall be expended to ensure public access to the water front area through the existing Hoover Street right-of- way and sewer easement. A document shall be prepared and re- corded to guarantee public access across said sewer easement, of and to the satisfaction of the Director of Planning. 4. During the process of preparing final building plans, the developer shall make every effort to ensure that the existing visual zones to the Lagoon, of the existing residences, are not impaired. 5. The City shall, during its General Plan revision process: (a) Study the feasibility of acquiring the property westerly of Hoover Street for possible public recreational facilities. (b) Study the possibility of lowering the recognized land use iC-101 Page 5. density along the northern shore of the Lagoon to a level of 15 dwelling units per net acre. (c) Study the possibility of adopting a precise alignment of Adams Street which will accommodate the projected traffic volume de- rived from the recognized land use density. (d) Review the possibility of developing the southern shore of the upper Agua Hedionda Lagoon for public recreational use. ALTERNATIVES - The most immediate alternative to this development would, of course, be a moratorium prohibiting development until the current General Plan revision is completed, and implementation of an up-graded circulation system is accomplished. However, the Planning Department feels that this development can progress with its tentative two year completion date if City efforts are concentrated in an attempt to provide feasible ingress and egress to the subject property. In addition, a coincident program of either acquiring the property to the west of Hoover Street or an active program of development of public re- creational facilities must be instituted along the southern shore of the Lagoon. A program of this magnitude would substantiate- the mitigating measures proposed by the Planning Department. RECOMMENDATION - The Planning Department recognizes several distinct areas of concern relative to this proposed development. The circulation system will require study from the standpoint of incorporating Adams Street into a viable access route, not only to this proposed development, but to the easterly areas as well. It is further recommended that the Planning Commission institute a study to consider the feasibility of acquiring the property west of Hoover Street for a public recreational facility, as has been suggested by the Parks and Recreation Commission. This type of action would not only assure public recreational facilities, but would decrease the possibility of over-developing the area. If the City is prepared to accept the obligation to strive for balance between the natural and artificial environment, the Planning Department would recommend that the Planning Commission consider granting approval of this Zone Change Application. DAVID D. MEYER Planning Assistant February 1, 1973 CITY OF CARLSBAD ANALYSIS FOR FEBRUARY 13, 1973 TO: PLANNING COMMISSION SPECIFIC PLAN CASE NO. SR-102 DESCRIPTION OF APPLICATION - The applicants (COVINGTON-CONINMARK) are requesting approval of a Specific Plan to develop a 190 unit condominium project on 12.9 acres of land area between Adams Street and Agua Hedionda Lagoon, easterly1 of Hoover Street. DESCRIPTION OF PROJECT - A complete description of the project and its environmental aspects has been written for the Zone Change portion of this project (ZC-101). Said project description covers the Specific Plan portion of the Project, therefore, the Planning Department feels that a reiteration here would be superfluous. RECOMMENDATION - The Planning Department's recommendation is based on the assumption that approval will be given to the requested zone change (ZC-101). Therefore it is recommended that the Planning Commission consider granting approval to this proposed Specific Plan subject to the execution and/or fulfillment of the following conditions: 1. 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. 2. A landscape plan shall be submitted to and approved by the Director of Planning, and such landscaping shall be installed, constructed and planted according to such approved plan, and shall thereafter be con- tinuously and permanently maintained. 3. Prior to the issuance of any building permit whatsoever, a subdivision map shall be filed with the City of Carlsbad and recorded pursuant to the Carlsbad Municipal Code and the State Subdivision Map Act. 4. All mechanical equipment located on roof tops shall be completely enclosed so as not to be visable from any public street and/or adjacent property. Such enclosure shall be of compatible design related to the building structure for which such facilities are intended to serve. -1- -SP-102 -fage 2. 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. All utilities, including electrical and telephone, shall be installed underground and shall be completely concealed from view. 7. Final construction plans shall substantially comply with the Specific Development Plan and the structure shall be constructed in such a manner so as to display the architectural character incorporated in the Specific Plan Graphics. 8. Particular attention shall be expended to ensure public access to the water front via the existing sewer easement. In addition, a document shall be prepared and recorded designating said sewer easement for public pedestrian access. 9. An agreement shall be obtained with the Carlsbad Unified School District to provide for future school requirements that will result from this development. Said Agreement shall be consummated prior to issuance of any building permit whatsoever. DAVID D. MEYER, Planning Assistant CITY OF CARLSBAD PLANNING DEPARTMENT ANALYSIS FOR FEBRUARY 13, 1973 TO: PLANNING COMMISSION TENTATIVE TRACT CASE NO. CT 73-1 DESCRIPTION OF APPLICATION - The applicants (COVINGTON-CONINMARK) are requesting approval of a one lot (1) subdivision to allow de- velopment of a 190 unit condominium project on 12.9 acres of land between Adams Street and the northern shore of upper Agua Hedionda Lagoon, easterly of Hoover Street, DESCRIPTION OF PROJECT - A complete description of the project and its environmental aspects has been written for the Zone Change portion of this project (ZC-101). Said project description covers the Tentative Subdivision portion of the project, therefore, the Planning Department feels that a reiteration here would be superfluous. RECOMMENDATION - The Planning Departments' recommendation is based on the assumption that approval will be given to the requested Zone Change (ZC-101) and Sepcific Plan (SP-102). Therefore it is recommended that the Planning Commission consider granting approval of this requested Tentative Subdivision subject to the execution and/or fulfillment of the following conditions: 1. All domestic water supplied to this sibdivision shall be obtained from Carlsbad Municipal Water District. 2. All buildings constructed in this subdivision shall be connected to the Carlsbad Public Sewer System. 3. Sewer and water lines shall not be laid in the same trench in any part of this subdivision. 4. Grading shall be performed to ensure that the property will be free from ponding and/or surface storage of water. 5. Dedication of land for park purposes and/or in-lieu fees shall be provided to the City of Carlsbad prior to the recordation of the final map. -1- CT 73-1 Page 2. 6. Hoover Street and Adams Street shall be improved of, and to the satisfaction of the City Engineer. 7. The applicant shall provide all weather access to and across the public sewer easement of and to the satisfaction of the City Engineer. 8. All facilities provided to adequately control drainage on the subject property shall be maintained by the property owner(s) in perpetuity. DAVID D. METER/ Planning Assistant February 5, 1973 cc: Planning Commissioners City Manager City Attorney City Engineer Fire Department Applicant, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION MO.867 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RELATIVE TO SPECIFIC PLAN (SP-102) FOR PROPERTY LOCATED ON THE SOUTHERLY SIDE OF ADAMS STREET, EASTERLY OF HOOVER STREET AND KNOWN AS "HEDIONDA POINT". WHEREAS, the Planning Commission of the City of Carlsbad, California, did receive a verified application from COVINGTOM- CONINMARK, requesting approval of a Specific Plan to facilitate the development of a 190-unit condominium project on property described as: Being all of Lots 1,2,3,4,5, and a oortion of Lot 6 in Block "D" of Bellavista, in the City of Carlsbad, in the County of San Diego, State of California, according to Map No. 2152, filed March 7, 1929, in the Office of the County Recorder of San Diego County; and WHEREAS, the Planning Commission did hold a duly advertised Public Hearing on February 13, 1973, to consider the proposed Specific Plan; and WHEREAS, the Planning Commission received all recommendations and heard all persons interested in, or opposed to, the Specific Plan; and WHEREAS, the Planning Commission did find the following facts and reasons to be present which in their opinion are necessary to carry out the general purpose of Title 21 of the Carlsbad Municipal Code: 1. The herein described project is consistent with the goals and objectives of the City's adopted General Plan. 2. The proposed project substantially complies to all appli- cable requirements of the Municipal Code. 3. The proposed project will not be detrimental to the public health, safety and general welfare; and WHEREAS, said application has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972" 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, that it does hereby recommend aoproval to the City Council of the herein described Specific Plan (SP-1Q2) subject to the following conditions: 1. The applicant shall install all required fire hydrants and dry stand pipes prior to framing construction, and said fire appur- tenances shall be functional prior to commencing such work. 2. A landscape plan shall be submitted to and approved by the Director of Planning, and such landscaping shall be installed, con- structed and planted according to such approved plan* -and shall thereafter be continuously and permanently maintained. 3. Prior to the issuance of any building permit whatsoever, a subdivision map shall be filed with the City of Carlsbad and recorded pursuant to the Carlsbad Muncipal Code and the State Subdivision Mao Act. 4. All mechanical equipment located on roof tops shall be completely enclosed so as not to be visable from any public street and/or adjacent property. Such enclosure shall be of compatible design related to the building structure for which such facilities are intended to serve. 5. No signs or advertising of any type whatsoever shall be erected, or installed until plans therefore have been aoproved by the City of Carlsbad. 6. All utilities, including electrical, telephone and tele- vision shall be installed underground and/or shall be completely concealed from view. 7. Final construction plans shall substantially comply with the Specific Development Plan and the Structure shall be constructed in such a manner so as to display the architectural character incor- porated in the Specific Plan Graphics. 8. Particular attention shall be expended to ensure oublic access to the water front via the existing sewer easement. In addi- tion, a document shall be prepared and recorded designating said sewer easement for public pedestrian access. 9. An agreement shall be obtained from School District to provide for future school result from this develooment. the Carlsbad requirements Unified that will 10. Exhibits as submitted by the applicant shall constitute the graphic portions of the Specific Plan. 11. The applicant shall enter into an agreement with the City and San Diego Gas & Electric Company for the purpose of obtaining recreational access rights to the surface watters of the Upper Agua Hedionda Lagoon. PASSED, APPROVED AMD ADOPTED by the Planning Commission of the City of Carlsbad at a regular meeting held on February 13, 1973, by the following vote, to wit: - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AYES: Commissioners Forman, Palmateer, Norman, Little and Dominguez NOES: None ABSENT: Commissioners Jose and Dewhurst. ATTEST: EDMOND W, DOMINGUEZ, Chairman DONALD A. AGATEP, Secretary - 3 - 3 KNOWN AS "HEDIONDA POINT". 4 15 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 87° A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RELATIVE TO A ZONE CHANGE (ZC-101) ON PROPERTY LOCATED ON THE SOUTHERLY SIDE OF ADAMS STREET, EASTERLY OF HOOVER STREET, AND WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from (COVINGTON-CONINMARK) requesting a change of zone from R-l(15,000) to P-C on property described as: Being all of Lots 1,2,3,4,5, and a portion of Lot 6, in Block "D" of Bellavista, in the City of Carlsbad, California, County of San Diego, State of California, according to Map No. 2152, filed March 7, 1929, in the Office of the County Recorder of San Diego County; and WHEREAS, the Planning Commission did hold a duly advertised Public Hearing on Febraury 13, 1973 to consider this Change of Zone; and WHEREAS, the Planning Commission received all recommendations and heard all persons interested in or opposed to the zone change, and, WHEREAS, the Planning Commission did find the following facts and reasons to be present which in their opinion are necessary to carry out the general purpose of Title 21 of the Carlsbad Municipal Code: 1. The herein described change of zone is consistent with the goals and objectives of the Citys' adopted General Plan. 2. The proposed change of zone will not be detrimental to the public health, safety and general welfare; and WHEREAS, said application has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972" and has been declared to have a potential significant impact on the environment; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad that it does hereby recommend approval to the City Council of the herein described Change of Zone. X X XX 50 XX 31 32 XX -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Carlsbad, at a regular meeting held on the 13th day of February 1973, by the following vote, to wit; AYES: Commissioners Dominguez, Norman, Forman, Palmateer NOES: Commissioner Little ABSENT: Commissioner Jose & Commissioner Dewhurst. EDMOND W. DOMINGUEZ, ATTEST: Chairman DONALD A. AGATEP,15 Secretary 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 8 WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from (COVINGTON-CONINMARK) requesting approval of a Tentative Subdivision Map to provide for development of a 190 unit con- dominium project on property described as: Being all of Lots 1,2,3,4,5, and a Portion of Lot 6 in Block "D" of Bellavista, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 2152 filed March 7, 1929 in the Office of the County Recorder of San Diego County; and WHEREAS, the Planning Commission did take into consideration the Tentative Map, as submitted, and the reports of the various reviewing " agencies; and 15 WHEREAS, the Planning Commission did find that the subject 16 17 18 19 20 21 22 23 24 25 28 PLANNING COMMISSION nESO ION NO. 872 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RELATIVE TO A TENTATIVE SUBDIVISION MAP (CT-73-1) ON PROPERTY LOCATED ON THE SOUTHERLY SIDE OF ADAMS STREET, EASTERLY OF HOOVER STREET AND KNOWN AS "HEDIONDA POINT". Tentative Map does substantially comply with the City of Carlsbad subdivision regulations and the State of California Subdivision Map Act; and . WHEREAS, said application has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972" and has been declared to have a potential significant impact on the environment; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, that it does hereby recommend approval to the City Council of the City of Carlsbad of the herein described Tentative Map, CT 73-1, subject to the following conditions: 1. Improvement Plans shall conform to the "City of Carlsbad Engineering Design Criteria and Standard Plans", except that Adams Street may have a design speed of 2526 H miles per hour.27 2. Grading shall be performed to ensure that the property will be free from ponding and/or surface of water. 29 30 XX 31 32 -1- a safe horizontal and vertical alignment. 6 5. The applicant shall provide all-weather access to and 7 of the City Engineer. 8 6. All facilities provided to adequately control drainage 9 on the subject property shall be maintained by the property owner(s) in perpetuity. 10 25 3. Dedication of land for park purposes and/or in-lieu fees shall be provided to the City of Carlsbad prior to the recordation of the final map. 4. Hoover and Adams Streets shall be improved to provide two 12 foot wide travel lanes and a parking lane. The improvement of Adams Street will include a minimum of 5' of dedication of right-of-way, plus additional dedication of right-of-way as approved by the City Engineer to provide across the public sewer easement of and to the satisfaction PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission held on the 13th day of February ,1973, by the following vote, to wit; AYES: Commissioners Forman, Palmateer, Norman, Little and Dominguez NOES: None ABSENT:Commissioners Jose and Dewhurst 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23' 24 EDMOND W. DOMINGUEZ, Chairman DONALD A. AGATEP, Secretary 26 " 27 28 29 30 31 32 CITY COUNCIL RESOLUTION NO. 3Q74 1 2 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ANNOUNCING FINDINGS AND DECISION REGARDING ZONE CHANGE (ZC-101) FROM R-l (15,000) TO P-C, ON PROPERTY LOCATED ON THE SOUTHERLY SIDE OF ADAMS STREET, EASTERLY OF HOOVER STREET AND KNOWN.AS "HEDIONDA POINT". WHEREAS, on the 13th day of February, 1973, the Carlsbad City Planning Commission adopted Resolution No. 870 which is herewith referred to, and made a part hereof; and WHEREAS, on March 6, 1973, a duly advertised Public Hearing was held in the manner prescribed by law to consider a Change of Zone from R-l (15000) to P-C (Planned Community) on property described as: Being all of Lots 1,2,3,4,5, and a portion of Lot 6, in Block "D" of Bellavista, in the City of Carlsbad, California, County of San Diego, State of California, according to Map No. 2152, filed March 7, 1929, in the Office of the County Recorder of San Diego County; and, WHEREAS, the City Council received all recommendations and heard all persons interested in or opposed to the proposed change of zone; and, WHEREAS, said application has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972" and has been declared to have a potential significant impact on the environment. NOW, THEREFORE, the City Council of the City of Carlsbad does HEREBY DECLARE FINDINGS AND RESOLVE that the findings of the Planning Commission contained in the aforementioned Resolution No. 870, constitute the findings of the Carlsbad City Council. BE IT FURTHER DECLARED AND RESOLVED that the City Council certifies that the approval of the proposed change of zone classification is necessary to carry out the general purpose of Title 21 of the Municipal Code. BE IT FURTHER RESOLVED that the Carlsbad City Council does hereby declare its intention to adopt an Ordinance to effectuate the proposed Change of Zone classification. X X X X -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PASSED, APPROVED AND ADOPTED by the Carlsbad City Council, at a regular meeting held on the day of , 1973, by the following vote, to wit; AYES: NOES: ABSENT: DAVID M. DUNNE, Mayor ATTEST: HARGARETE. ADAMS, City Clerk (SEAL) 1 RESOLUTION NO. 3075 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND 3 DECISION REGARDING SPECIFIC PLAN (SP-102) TO DEVELOP A 190-UNIT CONDOMINIUM PROJECT ON PROPERTY 4 LOCATED ON THE SOUTHERLY SIDE OF ADAMS STREET, EASTERLY OF HOOVER STREET AND KNOWN AS "HEDIONDA POINT". WHEREAS, on the 13th day of February, 1973, the Carlsbad g Planning Commission adopted Resolution No. 867 which is herewith g referred to and made a part hereof; and 10 WHEREAS, on March 6, 1973, a duly advertised Public Hearing 11 was held in the manner prescribed by law to consider a Specific 12 Plan (SP-102) to facilitate the development of a 190-unit condo- 13 minium project on property described as: 14 Being all of Lots 1,2,3,4,5, and a portion of Lot 6 in Block D of Bellavista, in the City of 15 Carlsbad, in the County of San Diego, State of California, according to Map No. 2152, filed 16 March 7, 1929, in the Office of the County Recorder of San Diego County; and 17 WHEREAS, the City Council received all recommendations and 19 heard all persons interested in or opposed to the proposed Specific 20 Plan; and 21 WHEREAS, said application has complied with the requirements 22 of the "City of Carlsbad Environmental Protection Ordinance of 1972 23 and has been declared to have a potential significant impact on 24 the environment. 25 NOW, THEREFORE, the City Council of the City of Carlsbad DOES 26 HEREBY DECLARE FINDINGS AND RESOLVE that the findings of the 27 Planning Commission contained in the aforementioned resolution 28 constitutes the findings of the Carlsbad City Council. 29 BE IT FURTHER DECLARED AND RESOLVED that the City Council 30 certifies that the approval of the proposed Specific Plan is 31 necessary to carry out the general purpose of Title 21 of the 32 Municipal Code. 1 2 S 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 BE IT FURTHER RESOLVED that the subject Specific Plan approval is subject to the execution and/or fulfillment of the conditions listed in the Planning Commission's Resolution No. 867. PASSED, APPROVED AND ADOPTED at a regular meeting of said City Council held on the day of , 1973, by the following vote, to wit: AYES: NOES: ABSENT: DAVID M. DUNNE, Mayor of the City of Carlsbad, California ATTEST: MARGARET E. ADAMS, City Clerk (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 3076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE MAP (CT 73-1) FOR PROPERTY LOCATED ON THE SOUTHERLY SIDE OF ADAMS STREET, EASTERLY OF HOOVER STREET, AND KNOWN AS "HEDIONDA POINT". WHEREAS, on the 13th day of February, 1973, the Carlsbad City Planning Commission adopted Resolution No. 872, recommending to the City Council that Tentative Map CT 73-1 be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on the 6th day of March, 1973, considered the recommendation of the Planning Commission; and WHEREAS, said Tentative Map has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972 and has been declared to have a potential significant impact on the envi ronment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad that Tentative Map CT 73-1, is hereby approved subject to the execution and/or fulfillment of the following conditions: 1. Improvement Plans shall conform to the "City of Carlsbad Engineering Design Criteria and Standard Plans", except that Adams Street may have a design speed of 25 miles per hour. 2. Grading shall be performed to ensure that the property will be free from ponding and/or surface of water. 3. Dedication of land for park purposes and/or in- lieu fees shall be provided to the City of Carlsbad prior to the recordation of the final map. 4. Hoover and Adams Streets shall be improved to provide two 12 foot wide travel lanes and a parking lane. The improvement of Admas Street will include a minimum of 5' of dedication of right-of-way, plus additional dedication of right-of-way as approved by the City Engineer to provide a safe horizontal and vertical alignment. XX XX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 5. The applicant shall provide all-weather access to and across the public sewer easement of and to the satisfaction of the City Engineer. 6. All facilities provided to adequately control drainage on the subject property shall be maintained by the property owner(s) in perpetuity. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to place a copy of this resolution in the usual course of mail, addressed to the subdivider at his address as shown on the Tentative Map. PASSED, APPROVED AND ADOPTED at a regular meeting of said City Council held on the day of , 1973, by the following vote, to wit: AYES: NOES: ABSENT: DAVID M. DUNNE, Mayor of the City of Carlsbad, California ATTEST: MARGARETE. ADAMS, City Clerk (SEAL) ORDINANCE NO. 9347 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTING A CHANGE OF ZONE FROM R-1(15000) TO P-C (PLANNED COMMUNITY) ON PROPERTY LOCATED ON THE SOUTHERLY SIDE OF ADAMS STREET, EASTERLY OF HOOVER STREET, AND KNOWN AS "HEDIONDA POINT". The City Council of the City of Carlsbad, California, DOES ORDAIN, that Title 21 of the Municipal Code is amended to read as follows: SECTION 1. - The following described real property is granted a change of zone from R-1 05000) to P-C (Planned Community), and that the official zoning map referred to in Section 21.06.030 of the Municipal Code be changed accordingly: Being all of Lots 1,2,3,4,5, and a portion of Lot 6, in Block "D" of Bellavista, in the City of Carlsbad, California, according to Map No. 2152, filed March 7, 1929, in the Office of the County Recorder of San Diego County. SECTION 2.- EFFECTIVE DATE: This Ordinance shall be effective on the 31st day following 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, fifteen 05) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Carlsbad, California, held on the 6th day of March, 1973, and thereafter PASSED, APPROVED AND ADOPTED AT a regular meeting of the City Council held on the day of , 1973, by the following vote, to wit; AYES: NOES: ABSENT: : DUNNETMayor ATTEST: MARGARET E. ADAMS, City Clerk (SEAL) :»ri.». ij H._,J;I .«•« /. «'i mi/.;. J •• /Mr/ A,H,i- >u»l /> hi'low. . _ . ..- I1. ril<' t\i>i>li<-'—'.ion wjt.h City ri>inniiii/ • •''" lit-/',! r t in-lit. > iiuliii.. Lift tut t\ij J.-.'Kn/ City I'laiinit J. FiliiKi I'fif ».•' $100.00, jiltin f'J.OO . CoiamS::::ioil /*»r isic/i dwi'.l J ing. Vat*) Kacoivud: T^r^r^i. \f^ — 4. /•/«•.t.-;I.1 iri,i/:o chi-ck -payable tot cm* 6»/% CARL:;HAD w.ito of // 5. Jn< uriiM tion is- to !>«.» 7'i/pru'r >' ttnn . FAKT A ^Karne of Applicant CONVINTON-CONINHARK ' ToJophono 272-0570 . - Applicant's Representative William L. Zongker ToJcphono 272-0570 _ • ^ Applicant's Wailing Address P.O. Box 99172. San Diego, CA 92109 ^ Location o/ Property by street. Southeasterly of Intersection Adams and Hoover • PART B ' ! • ' "f . . . LEGAL DESCRIPTION ' Attach to this application, one(l) copy of a complete description of the property for which adoption of a Specific Plan is requested.- ' ' ' PART C ' • . . APPLICATION - ' Master Plan Approved ' Existing Zone R-l-15 . yes [ } No (Request concurrent change of zone'to P.C.) Date PART D MAP PREPARATION ••• Attach to this application, a Sepia and Twenty(20) Blueline copies of the Specific Plan, as prepared by a Registered Civil Kngineer, or architect, whic} shoifs the boundaries, dimensions and bearing of each line of the property for which a Specific Plan is requested. (Those items as specified within the Plans .Community Zone, Article 13.75 of Ordinance Ko. 9060, shall be indicated on su< plan.) ' . " » AFFIDAVIT STATF. OF CALIFORNIA) COUNTY OF SAN DIEGO) /SS/ CITY OF ' I, (We), William L. Zongker ,_being duly sworn, depose and say that (Nc) aia(arc) the owncrfs) of partfor all) of the property involved and this application has been prepared in compliance with the requirements of the City Planning Commission as printed herein, and that the foregoing information docs thoroughly and completely, to the best of ny(our) ability, present an argument in behalf of tlie application herewith submitted and that the statements and information above referred to are in all respects^ true_ and "porfoxr^:, to the bcs of lay (our) knowledge and belief. Telephone Number 27'<-2312 Signed Hailing Address ' P.O. Box 99172, San Diego • CA 92109 . -^ •i,nbscrSbcd and sworn to before me this \& day of ETTv i-''—v^u?,V'v \T')'?. 3.070 Filing Clerk or Notary Pub-llc^ la to certify that the foregoing application ha:; been inupr'Ctud by \nn found to bo-complKto and acceptable for filing with the I'lannii^ Comnilsnioa No. - - . -V1 -V"1 "T- s \ * \/in, >>r- -i.... VTX V- v -.-A Filli)'] date: &J^±*\ f^e^ J V\_—7-. Fees paid: - APPLICATION FOI? APPROVAL OF TENTATIVE MAP PROPOSED NAME OF SUBDIVISION: Hedlonda Point GENERAL LOCATION: Southeasterly of intersection Adams andHoover TOTAL ACREAGE: 12.905 NUMBER OF LOTS: one MINIMI'?1 LOT AREA (SQ.FT.); — MINIMUM FRONTAGE (FT.): TYPE OF SUBDIVISION (Residential, Commercial, Industrial) Res . PRESENT ZONE; R-1--15 PROPOSED ZONE: P.O. NAMES OF NEW STREETS PROPOSED: Private Drive PRE-FILIK6 CONFERENCE HELD (DATE): December 11, 1972 _ . . REGISTERED CIVIL ENGINEER, ARCHITECT, OR SURVEYOR WHO PRFPARFn MAP: _ Lawrence P. Rogoway R.C.E. 1^4751 _ . _ ..... _ 7525 Mission Gorge Road, San Diego, CA 92120 THE FOLLOWING MODIFICATIONS TO THE ZONING OR SUBDIVISION REQUIREMENTS ARE HEREBY REQUESTED (Give reasons for modifications; attach separate sheet if additional space is required): . _ (P-C Zone) _ ' (^IGNATURES) CT W-y~^\p^ /~> — __ P.O. Box 99172. San Diego. CA 92109- • - r N. - w— : Address ' ; r For: Covington-CQryLnmaijk Nanie Address Address This application will be filed with ?0 blue line prints and 1 brown lino transparency of the tentative map, prepared according to the specifications of Ordinance No. °0f>0 and amendments thereto, together with the? supplementary information and fees required by said ordin- ance i CITY OF CARLSBAD COUNCILMEN -3- March 6, 1.973 AL [77] Mr. Don Tasker, 4262 Highland Dr., inquired if arrange- ments had been made by the developer for the school in- lieu fees and he was informed by Mr. Zongker that he is negotiating with the School District at this time. Katy Jean Capps , 1175 Hoover Street, raised the questio of the erosion factor in the area of Agua Hedionda Lagoon, stating the erosion factor is fantastic. Mri Zongker indicated that studies made do not indicate any problems with the erosion in that area. The following persons spoke in opposition to the pro- posed development, primarily on the grounds that a de-velopment of this size would increase the traffic cir- culation problem already existing. Mr. Floyd Robinson4871 Highland Drive Mr. John McGill4340 Highland Dr. Mrs. Rita Windrum4230 Clearview Dr. Mr. Don Huffman4315 Highland Dr. The Mayor declared the Public Hearing closed and a re- cess was called at 9:00 P.M. The Council reconvened at 9:15 P.M. . The subject application was given consideration and was to be discussed in three increments: The Environmental Impact Report: Councilman McComas commented with, regard to the Environmental Impact Re- port, that it was his opinion the Environmental Impact Report was not the most decisive or strong report and it appeared there were some reservations on the part of the Planning Department on the report. He felt the Council should acknowledge receipt of the report but not approve it. A motion was made that the Environmen- tal Impact Report be accepted by the Council. Councilman McComas stated he was not opposing the pro- ject per se" but felt since the report was presented on a contingent basis, it should have included the totalarea. Further, that it would be consider pre-mature development. The Zone Change: Discussion was held regarding the matter of the Zone Change and the following Resolution was offered for adoption: Resolution No. 3074. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGJS AND DECISION REGARDING ZONE CHANGE- (ZC-101) FROM R-l-15,000 TO P-C (Planned Community), ON PROPERTY LOCATED ON THE SOUTHERLY SIDE OF ADAMS STREET, EASTERLY OF HOOVER STREET AND KNOWN AS "HEDIONDA POINT." The Motion to adopt the above Resolution was offeredby Councilman Chase and seconded by Councilman Frazee, without prejudice to his vote and was defeated. Thefollowing reason was given for denial of the zone chanc 1) That it is necessary for the City to revise the General Plan in this area and particularly the circulation element. The following reasons were given for denial of theSpecific Plan and Tentative Map: Motion AyesNoes Motion Ayes Noes (Motiondefeated CITY OF CARLSBAD APPLICATION FOR APPROVAL OF A TENTATIVE TRACT HAP AS PROVIDED FOR IN CHAPTER 20.12 OF THE . r CARLSBAD MUNICIPAL CODE FILING FEE RECEIPT NO. TENTATIVE TRACT NO. (For Office Use) DATE / • "^ TO THE PLANNING COMMISSION AND CITY COUNCIL OF THE CITY OF CARLSBAD: I. Request is hereby made for approval of Tentative Tract No. consisting of / "2 • ^ _ gross acres, having _ / _ lots, being a proposed subdivision of land for property described as: (Exact Legal Description) generally located on the (Northj South, East, West) side of between (Name of Street) (Name of Street) and . (Name of Street) TYPE OF SUBDIVISION = (Residential, Commercial, Industrial! APPLICATION FOR APPROVAL TENTATIVE TRACT MAP PRESENT ZONE PROPOSED ZONE the undersigned state that the (I, We) (I am, We are) of the property described herein and hereby (Owner, Owners) give authorization to the filing of this (My, Our) proposed tract map: Name (Typed or Printed as shown on Recorded Deed) Signature . . . Name (Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) Signature Name and Address of Subdivider: Name and address of Engineer or Licensed Land Surveyor: No. 1. The source of water supply 2. Type of street improvements and utilities which the subdivider proposes to install- -2- APPLICATION FOR APPROVAL TENTATIVE TRACT MAP 3. The method of sewage disposal is 4. Proposed storm water sewer or other means of drainage (grade & size) 5. Protective covenants to be recorded 6. Proposed tree planting_ 7. Proposed grading plan (when required)_ The adopted general plan of the City of Carlsbad recognizes the property described in this application for (Residential, Commercial, Industrial, Etc.) use of land. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD ) AFFIDAVIT (I, We) (Name) depose and declare to the best of , being duly sworn _ (my, our) going is true and correct under the penalty of pur jury: knowledge that the fore- -3- APPLICATION FOR APPROVAL TENTATIVE TRACT MAP EXECUTED AT (City) (State) DATE OWNER AND/OR OWNER'S AUTHORIZED AGENT: (Print Name) (Signature) (Mailing Address) (City and State) (Area Code) (Telephone Number) SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF ,1972. (Notary Public) -4- APPLICATION FOR APPROVAL TENTATIVE MAP 1. THIS APPLICATION SHALL BE FORMALLY FILED ON THE FIRST MONDAY OF THE MONTH. THE HEARING AT THE PLANNING COMMISSION LEVEL WILL BE HELD NOT SOONER THAN THE SECOND TUESDAY OF THE FOLLOWING MONTH. 2. FILING FEES: A filing fee of $100.00 + $2./lot shall be paid at the time of filing this application. This fee is not refundable, but is used to cover the cost of investigation and processing this subdivision map through its various stages. 3. Twenty-eight (28) copies of this proposed Tentative Tract Map and one (1) sepia shall be attached and made a part of this application. The Tentative Tract Map shall be prepared in the manner specified by Title 20 of the Carlsbad Municipal Code. 4. When this application is complete in every respect, it may be filed with the Secretary of the Planning Commission in the Office of the Planning Department located in the City Hall at 1200 Elm Avenue, Carlsbad, California. -5- December 12, 1972 CITY OF CARLSBAD, CALIFORNIA TENTATIVE MAP PROCESSING PROCEDURE •I. II PRE-FILING MEETING Applicant, Ping, Eng.Depts.etal EIA short form to be filed. 2-5 days Ping. Dept. notify applicant re. EIA requirements, if any. NOTIFICATION OF INTENTION TO SUBDIVIDE LAND * Applicant shall notify Ping. Dept. that he intends to file a subdivision map a min. of 10 days hence. * This step is only necessary when the abutting property has not been subdivided into small urban lots. 10 days min.I If step II. applies the P.O. will notify abutting property owners. III.FORMAL FILING OF APPLICATION A. Application form (complete) B. EIA as required. C. Tentative Map No. frm. Engr ** Filing Date is First Monday of the month (this is Day X). 1st Tues. after Day X. * To include Coast Zone Commission, (State & Local) send map to Review Comm. response req. by 3rd Monday following day X. (*) 2nd Tues of following month IV. 10 V. i y VI. HEARING (Planning Commission level) report by resolution to C.C. . days from P.C.Action HEARING (City Council Level) c.c. Hearing shall take place not later than 10 days after receipt of P.C. report. ear from C.C.Action (plus 1 yr. FINAL MAP RECORDED. ext 1st Thur after day X. Pin. Dept. will notify staff (at reg. meeting) of pending applications. 4th Thur after day X. Preliminary report to the Review Committee (applicant present) EIS included 1st Fri. prior to PC meeting P.O. shall have final report mailed to Planning Commission and applicant (to include EIS)