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HomeMy WebLinkAbout1973-07-17; City Council; 2087; 300Unit Townhouse Cluster- Covington BrothersCITY OF CARLSBAD, CALIFNIA Agenda Bill Mo. 0L 6 V /' Referred To: CITY COUNCIL Mtg. of Date 7^17-73 Subject: Request for.approval of Specific Plan (SP-122) and Submitted By: Tentative Map (CT 73-24) to allow for 300 unit townhouse cluster developmenLon property generally located on the south side of ' PLANNING Poinsettia between San Diego Freeway and Lagoon Lane. . COMMISSION Applicant: COVINGTON BROTHERS/OCCIDENTAL PETROLEUM " Statement of the Matter - . ' . * The Planning Commission, at their regular meeting of June 26, 1973, did consider a request for Specific Plan No. 122 and Tentative Map 73-24 for COVINGTON BROTHERS/ OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CO., to allow for a 300 unit townhouse cluster development, on property generally located on the south side of Poinsettia. between San Diego Freeway and Lagoon Lane. - ' ' Resolution No. 921 was approved adopting the Tentative Map, subject to conditions 1 thru 18 as shown. Resolution No. 922 was approved adopting the .Specific Plan, subject to conditions 1 thru 21, as shown. Exhibit Application/Certification of Ownership 9 Staff Report dated June 26, 1973 Ltrs 'fm Public agencies re this project. Final E.I.'R. prepared fay Staff Supplemental E.I.R. information prepared by BRT, Inc. Applicants exhibits (3) Resolution No. 921 approving Tentative Map 73-24 Resolution No. 922 approving Specific Plan 122. Memo from City Engineer requesting add'! condition be included in City Council Resolution, if approved. 10 11 City Council • Resolution No. approving Tentati City Council Resolution \\Q /22iveMap, approving Specific Plan Staff recommends approval as per conditions outlined in attached Resolution Nos. 921 & 922, and staff report of June 26, 1973. i- 0i:' \^. NO.' ^ • ' . pate:"** Mtg. July 17, 1973 City Manager's Recommendation • . • ' After this matter was processed through the.Planning Commission, the -City Engineer noted that a traffic signal at the intersection of Potnsettia Lane'and :the. entrance street to the development would be" needed. It is reconfmended to the City Council .that a traffic control signaT.be listed as one of the condi tions-whi le "approving the Tentative Map. • . - Co uncil'Action 7-17-73 The hearing was continued to the. regular meeting of August 7 1973 due to the objection by the representative from Occidental Petroleum ' that the developer be required to cons-tract.*ftill frontage, improvements • " along Batiquitos Lane. • • • * 8-7-73 The Final EIR was approved and Resolution No. 3169 announcing findings on Specific PI an. was" adop! ted. Resol ution 'No. 3170 approving the . • Tentative Map was aTso adopted. . v -2- ldVfUJf)'FOR APPROVAL TENTAJ E TRACT MAP ~~" ' C <•*<% EXECUTED AT Fullerton DATE May 5, 1973 OWNER AND/OR OWNER'S AUTHORIZED AGENT California (State) California Corp. Maiffng AQdress) (Cityndstate (Area Code) 714-879-0113(Telephone Number) SUBSCRIBED AND SWORN TO BEFORE ME THIS (Notary Public) -.. ,^-,* OFFICIAL SEAL • MARY J. FENSTERMACHER « NOTARY PUBLIC CALIFORNIA * / ORANGE COUNTY » My Commission Expires Dec. 20,1976 *>»*»•*»•••-»•»»•»* *L %~" CITY OF CARLSBAD PLANNING DEPARTMENT ANALYSIS FOR JUNE 26, 1973 TO: PLANNING COMMISSION REPORT ON: CONSIDERATION OF AMENDMENT OF E.I.R. CONSIDERATION OF SPECIFIC PLAN CONSIDERATION OF TENTATIVE MAP CASE NO: ENVIRONMENTAL IMPACT STATEMENT NO. 168 SPECIFIC PLAN NO. 122 CARLSBAD TRACT NO. 73-24 BY: COVINGTON BROTHERS, 2451 E. Orangethorpe, Fullerton, Cal. OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CORP., 4201 Birch Street, Newport Beach, California I. GENERAL INFORMATION A. Request: That the Planning Commission approve an amendment of an approved E.I.R., a Specific Plan and Tentative Map, for a 300 unit townhouse cluster development on a portion of the southeast quarter of Section 38, Township 12 South, Range 4 West, San Bernardino Base and Meridian in the City of Carlsbad. B. Background: The subject property containing approximately 57.202 acres is located at the southeast corrrer'of the intersection of Poinsettia Lane and the San Diego Freeway (1-5). Said property is bounded on the east by Batiquitos Lane but does not include the commercial area at the immediate intersection of 1-5 and Poinsettia Lane. The subject parcel was considered as a part of a total development of 380 acres which was approved by Planning Commission Resolution 642 (General Plan Amendment), 643 (Change of Zone and Master Plan), dated November 25, 1969, and by City Council Resolution No. 1671 (Change of Zone and Master Plan), 1670 (General Plan Amendment)and Ord. No. 9246 dated January 6, 1970. The General Environmental Impact Report considerations were considered and approved as a part o/ Tentative Tract No. 71-2 as E.I.S. #136 by Planning Commission Resolution No. 843, dated April 24, 1973 and City Council Resolution No. 3130, dated May 15, 1973 (known as Casas De Las Poinsettias). The applicant has submitted an amendment to the approved E.I.R. Which covers the proposed development in more precise terms and is known as E.I.S. #168., To resolve the school problem as a part of the master plan, the applicant did indicate land dedications of an elementary school site and 1/2 of a Junior High School site. In addition, park dedications were approved. C. Zoning and General Plan: !• Zoning: Existing P-C Proposed: P-C (approved SP and CT at 5.25 d.u./acre.) Adjacent: North - P-C East - P-C - A-l(8) South - P-C - R--4 West - P-C - C-2 -1 - c2-0 2. General Plan: The adopted General Plan indicates the property to be potential low-density residential with from 3-7 dwelling units to the acre. The adopted Master Plan indicates this site at 10 dwelling units per acre. D. PUBLIC NOTIFICATION: The required public notices have been published and mailed regarding these items. II. CONSIDERATION OF E.I.R. NO. 168 A- Summary: The general E.I.R. concerns v/ere considered and approved as a part of E.I.S. #136. This amendment to that report is limited to a further description of the specific impacts of the proposed development on the environment. The supplemental report fails to adequately express the impact of a potential population of 990 people (Based upon 1970 census data of 3.3 people per unit for the City of Carlsbad) on the environment. T o indicate that a three or four bedroom dwelling unit will be utilized by "empty nester cliental" may be a little difficult to imagine. Both the master E.I.R. and the supplement fail to adequately express the substantial amount of grading that will be necessary to accomplish the proposed development. Finally, the supplemental report fails to adequately express the relationship of this project to the San Diego Freeway in terms of mitigation measures. The construction of a water element in close proximity to and at a higher elevation than a heavily used freeway would, in staff's estimation, require special detailed analysis to guarantee that any hydrological and erosional effects have been mitigated. The first paragraph of Page 5 of the supplemental report is in error in its indication that water will be supplied by the Leucadia County Water District. The water for the proposed development will be supplied by the Carlsbad Municipal Water District. Attached is any correspondence received regarding this supplemental report which was transmitted to those organizations that normally receive E.I.R's. B. STAFF RECOMMENDATION: That the Planning Commission APPROVE the supplemental report and the comments expressed in this staff report as an amendment to the original, approved, E.I.R. entitled "Casas De Las Poinsettias". Justification is based upon: 1. The mitigation measures of the significant impact of 990 people though not expressed in precise terms, on the environment as originally stated in the master report were found to be acceptable and should therefore extend to the supplemental report. This is especially true since the original density designation for the subject parcel was at 10 dwelling units to the acre instead of the present indication of 5.25 d.u./acre. 2. The tentative map clearly indicates the amount of grading that will be necessary to accomplish the prepared development. 3. The concerns expressed regarding the impact of the project on the San Diego Freeway will be mitigated by the measures recommended in the hydrology study required under the recommended conditions of approval for the tentative map no. 73-24. Said study would detail the necessary measures to mitigate any significant impact. -2- III. CONSIDERATION OF SPECIFIC PLAN NO. SP-122 A. Description of Project: The applicant proposes to develop the 57.20 acre parcel for 300 townhouse dwelling units, a 3.15 acre lake, two recreational facilities, a 5.7 acre park dedication, 960 parking spaces and associated open spaces. Thus, the actual development area is 51.502 acres (less parks, etc). Access to the subject development is to be limited to a single 60 ft. wide public street extending southerly to the development from Poinsettia Lane immediately above the proposed commercial area which is at the intersection of the San Diego Freeway and Poinsettia Lane. The access to this commercial develop- ment will be limited to the proposed 60 ft. wide public street which is to also access the development under consideration herein. The internal circulation of proposed development is to be provided by a 30 ft. wide private roadway which begins approximately 560 ft. southerly of Poinsettia Lane and extends throughout the development. A majority of the dwelling units are accessed directly from this private roadway and approximately 55 dwelling units are accessed by 28 ft. wide driveways which extend from the private roadway. The individual units are to be a mix of 2, 3, and 4 bedroom condominium units which are to consist of 153 single-story units, 68 two- story units and 79 split-level units. No detail floor plans have been submitted. The units are to be located in building groups with the following breakdown: Units per No. of Total of Building Buildings Units 3 14 42 4 27 108 6 25 150 Totals 66Buildings 300 Units No building elevations have been submitted. The range of the number of units per building as proposed is considered appropriate in terms of providing adequate air, light and ventilation. Building groups in excess of six units normally require special design techniques to make them a positive environment for the occupants. Each unit is indicated to have a private court yard area in the front or at the side of the unit, and an additional area to the rear of the unit. A total of 960 parking spaces are indicated for the development. This consists of two covered spaces for each unit, 260 spaces in tandem to the covered spaces and 100 guest spaces which are grouped throughout the project. Ordinance would require a total of 600 parking spaces for the development. In addition to the private court areas, the proposed recreational facilities are to consist of a 3.15 acre lake and an adjacent bicycle path, -3- with an area of approximately 4,475 sq. ft., for a total of 3.64 acrf.s. Two large areas with multi-purpose recreation buildings and a swimming pool are proposed to be generally located at the opposite ends of the lake. In addition, six large open areas will exist throughout the development. Finally, an approximate 5.7 acre park is to be dedicated to the City. The total open space is in excess of Ordinance requirements and is indicated to be 72% (31.632 acres). This is based upon 51.502 acre development site with 7.55 acres taken out for streets, leaving a total of 43.952 acres. In terms of potential problems and high maintenance costs for the occupants of this development, staff would recommend that the proposed lake not be installed. Due to size and configuration, the lake is not much more than a visual effect. The 3.15 acres may have greater potential if it were developed as green open space in terms of usability. The Planning Commission maywant to consider this possibility. B. STAFF RECOMMENDATION; That the Planning Commission recommend to the City Council that the Specific Plan BE APPROVED. Justification is based upon: 1. Conformance of the plan to the Occidental Petroleum Master Plan and the General Plan commitment in terms of density and type of development. 2. Conformance of the zoning ordinance considerations for property located in the P-C zone. 3. The size and location of the subject property is considered to be sufficient for the proposed development. c- CONDITIONS OF APPROVAL: Any approval should be subject to the following conditions: 1. The approval of the specific plan is granted for the land as de- scribed in the application and any attachments thereto, and as shown on the plot plan submitted labeled 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 the plot plan labeled Exhibit A., except or unless indicated otherwise herein. 2. Unless the construction of the structures or facility is commenced not later than six months after the date the approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. However, upon request, if the proposed plot plan or adjacent areas are unchanged, the Planning Director may appoint one additional six month extension of time. 3. Any minor change may be approved by the Planning Director. Any substantial change will require the filing of an application for amendment to be considered by the Planning Commission. 4. All requirements of any law, ordinance or regulation of the State of California, City of Carlsbad, and any other governmental entity shall be complied 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. All areas shown as parking areas shall be surfaced with asphaltic concrete and shall.be visably marked outlining individual parking spaces and traffic flow. Said surfacing and marking shall be completed prior to final inspection of the structure or structures by the Building Department. The surface shall be kept in a reasonably good state of repair at all times. All garage floors and/or carport floors shall be a minimum of port!and concrete cement. 7. Prior to obtaining a building permit and within 30 days hereof, the applicant shall file with the Secretary of the Planning Commission, written acceptance of the conditions stated herein. 8. Compliance with and execution of all conditions listed hereon shall be necessary prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written con- sent of the Planning Director. 9. Any mechanical and/or electrical equipment to be located on the roof of the structure 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. All incombustible trash enclosures 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, shall be submitted to the Planning Director for consideration and approval. Special attention shall be given to buffering the project with landscaping from the influence of the freeway. 12. Prior to the issuance of any permits, all exterior building elevations and specific floor plans shall be submitted to the Planning Director for consideration and approval. 13. 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. 14. 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 with weep holes per specifications of the City Engineer. 15. The applicant shall establish and hereafter maintain a Homeowners Association for the purpose of maintaining all landscaped areas, the lake, private roadway, and driveways. ~ 0™ 16. All public improvements shal1 be made in conformity with the Sub- division 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. 17. All utilities, including electrical, telephone and television shall be installed underground and/or shall be completely concealed from view. 18. 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. 19. Prior to the issuance of any permits, the applicant shall obtain written approval of the proposed lake from the State of California Division of Dam Safety. 20. Prior to the issuance of any permits, the applicant shall cause the dedication to the City of Carlsbad, that area indicated on the plot plan labeled Exhibit "A" as Future Park dedication. - 21. Prior to the issuance of any permits, the applicant shall submit a Precise Plan of all recreation areas to the Planning Director for consideration and approval. Said plan shall conform to the recreation areas as shown on Exhibit A, and in addition shall show a minimum of 12 individual children play areas. IV. CONSIDERATION OF TENTATIVE MAP NO. CT 73-24 A. Description of Project: The Tentative Map consists of a total of 307 individual lots, public streets and private roadways. The lots consist of 300 residential lots, 6 lots to be held in common ownership and one (1) lot indicated to be for future park dedication. The residential lots vary in size from the smallest at 2474 sq. ft. to the largest at 3560 sq. ft. The applicant indicates that construction will take place in four phases with the first phase to include the construction of one-half of the lake, the streets and utilities around the lake, one recreation center and seventy-one dwelling units. It is estimated that the project will be completed within three years from the start of construction. The applicant is only proposing to install one-half of the proposed entrance public street as a part of this development, with the other half being constructed when the proposed commercial development occurs on the adjacent parcel Staff would recommend that the total width be installed as a part of this de- velopment to guarantee adequate access at all times to the proposed development by emergency vehicles. B. Staff Recommendations: That the Planning Commission recommend to the City Council that Tentative Map No. 73-24 BE APPROVED. Justification is based upon; K Conformance of Tentative Map to all requirements of the Municipal Ordinance Code and to the regulations of the State of California Sub- division Map Act, as amended, 2, Said map is in conformance with the adopted Master Plan and the City's General Plan. -fi- C- Conditions of Approval: Any approval should be subject to the following conditions: 1. The recorded restrictions for the subdivision shall include the minimum lot size and width requirements, evidence of which shall be submitted to the City Planning Director prior to approval of the Final Map. 2. 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. 3. Preparation of the Final Map and all construction procedures shall be in conformance with the subdivision ordinance. 4. The C.C. & R's for this development shall be submitted to the Planning Director for review and approval prior to the issuance of any building permits. 5. This development shall meet all of the requirements of the Depart- ment of Public Health. 6. In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 7. The subdivider shall comply with all City Building and Fire Code requirements. 8. All public improvements shall be made in conformity 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, free of all liens and encumbrances. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. O *—% , ans and specifications shall tf^ubmitted as required for checking and approval, before construction of any improvements is commenced. The subdivider shall submit the original drawings revised to reflect as-built conditions, prior to acceptance of the sub- division improvements by the City. 10. 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. 11. The Subdivider shall dedicate to the Public all rights of ingress to and egress from Poinsettia Lane and San Diego Freeway. This dedication shall be so designated on the certificate sheet of the Final Map with the intent that the owners of said lots will not have rights of access whatsoever to said streets and roads. The words "access rights dedicated to the City" shall be lettered along the road adjacent to the lots affected on the map proper. 12. Street names shall be subject to approval and shall be designated 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. 13. If required by the City Engineering Office, the improvement plans shall include a report of a geological and hydrological in- vestigation and a complete grading plan of the entire site. The report and plan shall be prepared by civil engineers licensed by the State of California, and experienced in erosion, and seepage control, who will be acceptable to the City Engineer, and they will certify that they have investigated the site and prepared data with1 full consideration of the consequences to the included and neighboring properties. 14. The developer shall construct full frontage improvements along Poinsettia Lane and Batiquitos Lane. Said improvements shall include the proposed park site and the designated commercial site, to be hereafter designated as Lot 308. 15. Prior to the issuance of any permits, the applicant shall dedicate the proposed park site to the City. 16. Prior to grading operations, the applicant shall obtain written approval of the proposed lake design from the State of California Division of Dam Safety. 17. The developer shall improve Poinsettia Lane on the basis of 51 ft half street, to City Standards. 18. The developer shall improve Batiquitos Lane on the basis of 42 ft. half street, to City Standards. -8- 19. The proposed public entrance street shall be improved on the basis of a 60 ft. wide street, to City Standards. PAUL A. WILLIAMS, Associate Planner CARLSBAD UNIFIED SCHOOL DISTRICT 801 PINE AVENUE CARLSBAD, CALIFORNIA 92008 May 31, 1973 RECEIVED City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 JUN1 CITY OF CARLSBAD Attention: Mr. Donald A. Agatep, Director of Planning Planning Department Gentlemen: Reference: Carlsbad Lake Community The Governing Board of the school district at a meeting held on May 29, 1973 reviewed the information presented by your department on May 9, 1973 concerning a real estate development known as Carlsbad Lake Community, which will consist of approximately 300 two, three and four-bedroom townhouses. As a result of this review, it is estimated from the number and types of residences planned that the anticipated number of school age children, Kindergarten through 12th Grade, residing therein will be a total of 99 students. The district does not have facilities to provide for a single-session educational program for children who will be residing in this proposed development. In addition, the district does not have any funds to provide for facilities to house these children. To date, no agreement has been reached with the subdivider to provide financial assistance for school facilities which will be needed if and when these residences are constructed. It is requested that approval of this proposed residential development be withheld until a firm agreement is reached between the developer and the Governing Board of the district for provision of necessary school facilities. It will be greatly appreciated if copies of this letter are made available to members of the City Council and the Planning Commission. Sincerely yours, HOWARD C. HARMON District Superintendent FHL:HCH:aw ADMINISTRATION 729-9291 COUNTY OF Z4N DIEGO Public IJ/orks Agency DAVID K.SPEER Public Works Administrator County Operations Center,5555 Overland Avenue San Diejo, California 32123 Telephone: 278-3200 May 30, 1973 RECEIVED Planning Department urn ; 10/^ City of Carlsbad JUU l 1200 Elm Avenue Carlsbad, CA 92008 CITY OF CARLSBAD Planning Department Subject: Carlsbad Lake Community Dear Sir: The County Parks and Recreation Department referred a draft of the environmental impact report for Carlsbad Lake Community to the Park Development Division for comment. We, in turn, referred the impact statement to the County Engineer for review also. Thank you for affording the County an opportunity to review the statement. The County Engineer advised that the environmental impact statement was reviewed and they have no comments to offer. It appears that the proposed development will not have a significant deliterious effect upon the environment or the pro- posed recreational improvement of Batiquitos Lagoon. Covington Brothers' might refer to the County's Regional Park Implementation Study. Bicycle and hiking trails are noted which will be near the proposed development. Perhaps they may wish to provide for a connection to the proposed trails. The value of their trails would be increased by affording the residents of the area an opportunity to ride or walk to areas beyond the confines of the development,,/ E'N 'J. MOSES, Director *ark Development Division EJM:PC:jb cc: Parks and Recreation Ken Erickson, County Engineer Department DEPARTMENTS: Buildinj Inspection .... County Eniineer .... General Services .... Sanitation t Fliod C«ntrol CITY V OF CARLSBAD - ENVIRONMENTAL IMPACT REPORT FOR CASAS DE LAS POINSETTIAS April 24, 1973 • . TO: PLANNING COMMISSION ' . . * • SUBJECT: FINAL ENVIRONMENTAL IMPACT REPORT No. 136 BACKGROUND INFORMATION: ' • The City of Carlsbad established the Planned Community on the subject property in December 18, 1969 > by City Council Resolution No. and Planning Commission Resolution No. 1670 • The application was submitted by the H.B. Development Corp., and has subsequently been purchased by the Occidental Petroleum Land and Development Corporation. FINAL REPORT: 1. Project Description The concept employed by the original applicant v/as to create a medium density (10 d.u./ac.) residential development which would employ the design concepts of the Planned Community Zone. Included within the 368 acre development is provision for multiple family (condominiums), single family (townhouses), mobile homes, adjacent community level commercial facilities, recreation, and school sites. Casas de las Poinsettias is adhering to the adopted design concepts and has recently completed the 1st phase of a mobile home park (Lake Shore Gardens). Additional information on the project is contained on pages 1-7 of the subject draft environmental impact report. 2. Environmental Setting Without the Project The information contained in the draft EIR provides an adequate description of the present environmental setting for the purposes of this report. (See Pgs. 10-15 of the draft EIR.) 3. Identify Environmental Impacts The draft EIR (Pg. 16) has identified the major impacts of the proposed action. However, any discussion of potential economic Pa.ga 2 •-• . cimpacts is left completely to one's imagination. The report states that the subject property is conducive to agriculture,specifically to flower cultivation. 'The implication that the proposed development "constitutes a useful and desireable application of land use" for the site since the site was 1imited to serve only'as a flower field in the past. The requirements on" public service, commercial service and pro- fessional/personal service are nil until the land is used for resi- dential purposes. The location of the site is approximately 2.5 miles from the nearest available service area. Therefore, service provisions are dependent upon when the community center facilities can be con- structed proportionate to the development of residential units. Occi- dental Petroleum is constructing sewer, water, storm drain and circu- lation facilities concurrently with development. Expenditure of public monies then will be minimal. Occidental, as part of the Master Plan, is also making provision for school sites, bu't not for facility- construction. An expenditure of public funds then would be required. The Carlsbad Unified School District does not have, at the present time, the ability to construct facil.ities. Economic considerations, therefore, were not considered in depth, but it can be assumed that the economic impact of any development will be substantial, especially if the area to be developed does not currently have the facilities to satisfy the public service demand. Agricultural land uses have minimal service demands. On the other hand, assessment practices place a value on land which is disproportionate to the ability of the property to generate income. In this instance, the zone (P-C) is currently given to the 'property available for development, and therefore, value (taxes) com- pared to income (agriculture) is disproportionate and the pressure of development is high. Premature development may then occur because of land value forcing development without necessary public facilities being available simultaneously. A potential mitigation of the fore- mentioned disparity would be the use of the "Williamson Act" (Agri- cultural Preserve) or Open Space and Agricultural Zoning Districts. The City does not currently have provisions to use these alternatives but they are scheduled to be included as part of the Open Space and Con- servation Element of the General Plan. By using these tools, the assessment of land value then must, by State Lav/, be based upon the ability of land to generate income under reasonable restriction. 4. Alternatives to the Proposed Action The draft EIR (Pgs. 29-30) proposed several alternatives which are viable. The previous discussion of mitigation which identifies another alternative, that of agricultural zoning, etc. 5. The Relationship Between Local Short-term Uses and the Maintenance . and Enhancement of Long-term Environmental Productivity The absolute relationship is one of economic cost in terms of public service and facility (long-term) as opposed to gain if achieved by development (short-term). Additional relationships are developed by the draft report on Pg. 31. v 1* If development WWrrs without substantial urcrisideration for the preservation of the natural or man induced (agricultural) resources, the absolute choice of alternative'courses of action by future gen- erations would be reduced. 6. Irreversible Environmental Changes Which Would Be Involved in the Proposed Action Should It Be Implemented. • Ref. Pg. 31 of draft EIR. 7. Growth Inducing Impacts of theProposed Activity Upon the Neighborhood and/or Community The report states the activity will "enhance economic activity" and "create and expand existing markets." is an economic determinant. This "bigger-better" theory is not realistic, especially if it places disproportionate demands on service capacities, or forces-land values to demand development of rural areas. Additional discussion occurrs on Pg. 21 of the draft EIR. 8. Agencies and Persons Consulted The following agencies and persons were invited to review and - comment of the draft EIR. Their comments are included for your review. 1. Mr. Philip Stanbro (Environmental Consultant) 2. U.S. Army Corps of Engineers - South Pacific Division Mr. Levenson and Mr. Speer 3. County of San Diego Snaitation & Flood Control District 4. San Diego Comprehensive Planning Organization (CPO) 5. Integrated Regional Environmental Management Project (IREM) CONCLUSIONS: • The Draft EIR is adequate and satisfies the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972. The inclusion of this analysis constitutes the Final EIR. Understanding that this report addresses the entire 368 acre project in general terms, additional information will be necessary to adequately assess individual projects and their impacts. As each phase of the project . is submitted to the City, specific considerations will be given to schools, public services, design, etc. as they relate to this Final Environmental Impact Report. ... fiKLD A. AGATEPT Planning Director "PLANNING COMMISSION RESOLUTION^. 921 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AMD RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE MAP (CT 73-24) TO ALLOW FOR A 300 UNIT TOWNHOUSE CLUSTER DEVELOPMENT, ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF POINSETTIA BETWEEN SAN DIEGO FREEWAY AND LAGOON LANE. APPLICANT: COVINGTON BROTHERS/OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CORPORATION. WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from COVINGTON BROTHERS/OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CORPORATION, requesting approval of a Tentative Subdivision Map (CT 73-24, to allow for 300 unit townhouse cluster de- • • . . .*"• velopment on approximately 57.202 acres of land, said property generally located on the south side of Poinsettia between the San Diego Freeway and Lagoon Lane, more particularly described as: A portion of Section 28, Township 12 South Range 4 West, San Bernardino Base and Meridian, City of Carlsbad, County of San Diego, State of California, and; WHEREAS, the Planning Commission does find that the provisions for design and improvement of this tentative map are consistent with the General Plan of the City of Carlsbad, and-, WHEREAS, the Planning Commission did consider the Final Environmental Impact Report (EIS No. 168) for this project and approved same as presented, and; WHEREAS the Planning Commission did find that the subject Tentative Map does substantially comply with the City of Carlsbad Subdivision Regulations and the State of California Subdivision Map Act; and, 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 73-24, subject to the fulfillment of the following conditions: 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 1. The recorded restrictions for the subdivision shall include the minimum lot size and width requirements, evidence of which shall be submitted to the City Planning Director prior to approval of the Final Map. 2. 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. 3. Preparation of the Final Map and all construction procedures shall be in conformance with the subdivision ordinance. 4. The C. C. & R's for this development shall be submitted to the Planning Director for review and approval prior to the issuance of any building permits. 5. This development shall meet all of the requirements of the Department of Public Health. * 6. In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 7. The subdivider shall comply with all City Building and Fire Code requirements. 8. All public improvements shall be made in conformity 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, free of all liens and encumbrances. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 9. Complete plans and specifications shall be submitted as required for checking and approval, before construction of any improvements is commenced. The subdivider shall submit the original drawings revised to reflect as-built conditions prior to acceptance of the sub- division improvements by the City. 10. 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. 11. The subdivider shall dedicate to the public all rights of ingres to, and egress from, Poinsettia Lane and San Diego Freeway. This dedication shall be so designated on the certificate sheet of the Final Map with the intent that the owners of said lots will not have rights of access whatsoever to said streets and roads. The words "access rights dedicated to the City" shall be lettered along the road adjacent to the lots affected on the map proper. 12. Street names shall be subject to approval and shall be designated in accordance with the standards and policies adopted by the Planning Commission on file in the Planning Department. 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 13. If required by the City Engineering Office, the improvement plans shall include a report of a geological and hydrological in- vestigation and a complete grading plan of the entire site. The report and plan shall be prepared by civil engineers licensed by the State of California, and experienced in erosion, and seepage control, who will be acceptable to the City Engineer, and they will certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighboring properties. 14. The developer shall construct full frontage improvements along Poinsettia Lane and Batiquitos Lane. Said improvements shall include the proposed park site and the designated commercial site to be hereafter designated as Lot 308. 15. Prior to the issuance of any permits the applicant shall dedicate the proposed park site to the City. 16. The Developer shall improve Poinsettia Lane on the basis of 51 ft. half street, to City Standards. ' • • . . <r 17. The Developer shall improve Batiquitos Lane on the basis of 42 ft. half street, to City Standards.' 18. The proposed public entrance street shall be improved on the basis of a 60 ft. wide street, to City Standards. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 26th day of June, 1973, by the following vote, to wit: AYES: Commissioners Jose, Forman, Casler, Palmateer. NOES: Commissioner Little ABSENT: Commissioners Dominguez and Wrench E. H. JOSE, JR., Chairman Pro Tempore ATTEST: DONALD A. AGATEP, Secretary -3- 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 PLANNING COMMISSION RESOLUTION NO.922 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING APPROVAL OF A SPECIFIC PLAN (SP-122) TO ALLOW FOR A 300 UNIT TOWNHOUSE CLUSTER DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF POIMSETTIA "BETWEEN SAN DIEGO FREEWAY AND LAGOON LANE. APPLICANT: COVINGTON BROTHERS/OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CORPORATION. WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from COVINGTON BROTHERS/OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CORPORATION, requesting approval of a Specific Plan (SP-122) to allow for development of a 300 unit townhouse^cluster development on approximately 57.202 acres of land, said property generally located on the south side of Poinsettia between the San Diego Freeway and Lagoon Lane, more particularly described as: A portion of Section 28, Township 12 South Range 4 West, San Bernardino Base and Meridian, City of Carlsbad, County of San Diego, State of California, and; WHEREAS, the Planning Commission did consider the Final Environmental Impact Report for this project and approved same as presented (EIS No. 168), and; WHEREAS, THE Planning Commission did hold a duly noticed public hearing on June 26, 1973, and upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission did find the following facts and reasons to exist which make the recommendation for approval of this Specific Plan necessary to carry out the provisions and general purpose of Ordinance No. 9060: 1. Conformance of the Plan to the Occidental Petroleum Master Plan and the General Plan commitment in terms of density and type of development. 2. Conformance of the zoning ordinance considerations for property located in the P-C zone. 3. The size and location of the subject property is considered to be sufficient for the proposed development. XX XX 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 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad that it does hereby recommend to the City Council the adoption of a Specific Plan (SP-112) subject to the following conditions: 1. The approval of the specific plan is granted for the land as described in the application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibit "A". The location of all buildings, fences, signs, roadways, parking areas, land- scaping and other facilities or features shall be located sub- stantially as shown on the plot plan labeled Exhibit "A", except or unless indicated otherwise herein. 2. Unless the construction of the structures or facility is commenc not later than one year after the date the approval is granted, and is diligently pursued thereafter, this approval is granted and is diligently pursued thereafter, this approval will automatically become null and void." However, Upon request, if the proposed plot plan or adjacent areas are unchanged, the Pla'nning Director may appoint one additional six month extension of time. 3. Any minor change may be approved by the Planning Director. Any substantial change will require the filing of an application for amendment to be considered by the Planning Commission. 4. All requirements of any law, ordinance or regulation of the State of California, City of Carlsbad, and any other governmental entity shall be complied 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. All areas shown as parking areas shall be surfaced with asphalti concrete and shall be visably marked outlining individual parking spaces and traffic flow. Said surfacing and marking shall be completed prior to final inspection of the structure or structured by the Building Department. The surface shall be kept in a reasonably good state of repair at all times. All garage floors and/or carport floors shall be a minimum of port!and concrete cement. 7. Prior to obtaining a building permit and within 30 days hereof, the applicant shall file with the Secretary of the Planning Commission, written acceptance of the conditions stated herein. 8. Compliance with and execution of all conditions listed hereon shall be necessary prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning Director. 9. Any mechanical and/or electrical equipment to be located on the roof of the structure 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. All incombustible trash enclosures 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. XX -2- •*•>. I! 1 2 3 4 5 6 7 8 9 of the City Engineer. 10 15. The applicant shall establish and hereafter maintain a 11 Homeowners Association for the purpose of maintaining all land- scaped areas, the lake, private roadway and driveways. 12 16. All public improvements shall be made in conformity with the 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 11. A detailed landscape and sprinkler plan prepared by a landscape architect, shall be submitted to the Planning Director for consideration and approval. Special attention shall be given to buffering the project with landscaping from the influence of the freeway. 12. Prior to the issuance of any permits, all exterior building elevations and specific floor plans shall be submitted to the Planning Director for consideration and approval. 13. 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. 14.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 with weep holes per specifications 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. 17. All utilities, including electrical, telephone and television shall be installed underground and/or shall be completely con- cealed from view. 18. 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. 19. Prior to the issuance of any permits, the applicant shall cause the dedication to the City of Carlsbad that area indicated on the plot plan labeled Exhibit "A" as Future Park Dedication. 20. Prior to the issuance of any permits, the applicant shall submit a Precise Plan of all recreation areas to the Planning Director for consideration and approval. Said plan shall conform to the recreation areas as shown on Exhibit "A", and in addition shall show a minimum of 12 individual children play areas. 21. The Developer 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission held on the 26th day of June, 1973, by the following vote, to wit; AYES: Commissioners Jose, Forman, Casler & Palmateer NOES: Commissioner Little ABSENT: Commissioners Dominguez and Wrench E- H- JOSE> JR->Chairman Pro Tempore DONALD A. AGATEP, Secretary t* fc f;