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HomeMy WebLinkAbout1973-09-18; City Council; 2144; SP/CT 420 Unit Appeal by Kaiser-AetnaHit 'vilY Ui- CARLS PAD, CALIFORNIA f, , 3.,^ •Aqenda Rill MO. oi/""'1^ ' Date September 18, l^TSi " ' «•-•* •J^-'i ^/m^nfc.. i ' •• • - • i —m..- - -IT _ • L - -._- Referred .To: ^' ' — Subject! An~Appeal by KAISER-AETNA .(Ponderosa Homes )Submitted By: " af Planning Commission* Ac'tion Re:'Sp'ecif ic Plan and •" Tentative Map to allow 420 unit Residential Development1 PLANNING ^ on property located on the -north side of Olivenhain Road COMMISSION / . easterly of E1 Camino Real . .- 'Statement of the Matter- . . At.their duly noticed regular meeting of August 28, 1973, the Planning Commission considered the subject applications for Specific Plan and Tentative Map to allow a 420-unit residential development. After hearing and considering all testimony, the applications were DENIED by the Planning Commission. Exh? b11 1. Certificate of Ownership .. 2. Staff Report dated August 28, 1973 • . 3. E.I.R,;Information . . 4. Applicants Exhibits 5. Planning Commission Resolution NO. 951- £. Planning Commission REsolution NO. 952 7. City Council Resolution No. 8. City Council Resolution No. St<*_ff Reconmendat ions to the City Manager Planning Commission 's reasons for Denial set out in .Resolutions 10-16-73 - EXHIBIT.: MEMORANDUMHTROM THE PLANNING COMMISSION. September 18, 1973AB No. Date: r City Manager's Recommendation This is an appeal to the City Council and the testimony and evidence presented to the City Council at the council meeting will have to be weighed to determine if the appeal is in order or if the appeal should be upheld. A recommendation from the City Manager would not be appropriate at this time. Council Action 9-18-73 Following discussion by the Council the Public Hearing was reopened and the matter continued to October 2, 1973, The staff was directed to amplify the Planning Commission's reasons for denial. 10-2-73 The Council upheld the appeal and referred the matter back to the Planning Commission for reconsideration of those items contained in the Planning Director's report dated 9-25-73, and modification of the project in accord therewith. 10-16-73 It was agreed that the Council withhold further action in order that the project can be redesigned so as to: (a) grade existing topography to accomodate a single-family detached housing project which meets the intent of P-C Zoning; (b) provide functional and useable Open Space; and (c) provide amenities to the development in exchange for the potential of smaller lot sizes. -2- October 11, 1973 TO: HONORABLE MAYOR AND COUNCILMEN FROM: PLANNING COMMISSION SUBJECT: REPORT ON APPEAL BY KAISER-AETNA (PONOEROSA HOMES) REFERENCE: AGENDA BILL NO. 2144 The Planning Commission, at its regularly scheduled meeting of October 9, 1973, was informed of the decision to grant the subject Appeal. The Commission was apprised that the Appeal was granted with the following provision: 1. That the project (Ra-n-cho del Ponderosa) be redesigned so as to: a. grade existing topography to accomodate a single- family detached housing project which meets the intent of P-C Zoning. b. provide functional and useable Open Space. c. provide amenities to the development in exchange for the potential of smaller lot sizes. The Planning Commission adopted, by minute motion, the following position: That the Planning Commission agrees to the redesign of the Specific Plan for Rancho del Ponderosa, and requests submittal to the Planning Commission for review prior to submitting to the.City Council. In addition, the Planning Commission is gravely concerned about the scale and degree of development occuring in the southerly portion of the City. Developmental proposals (Specific Plans, Tentative Maps) are being presented to the City, and in many instances, being approved without substantial plan or provision for circulation, sewer, schools, etc. It is the Commissions1 restated and reaffirmed position that, without knowledge of the immediate potentials for the development of a functional select-circulation system, the provision for City Council ABZ144 Page two realistic and immediate sewer capacities, and the development of a viable program to provide school facilities, the City should not approve additional residential developmental proposals south of Palomar Airport Road. This report constitutes the Planning Commission's response to the City Council action in granting the Appeal as submitted by Kaiser-Aetna (Ponderosa Homes) and therefore meets the requirements set forth by the City Ordinance. DONALD A. AGATEP7Secretary" to the Planning Commission DAA/dk o POTORCOK rKMEi 2082 BUSINESS CENTER DRIVE D SUITE 100 D IRVINE, CA 92664 (714)833-2180 a P.O. BOX 2340 D NEWPORT BEACH, CA 92663 August 29, 1973 HONORABLE CITY COUNCIL City of Carlsbad 1200 Elm Street Carlsbad, CA 92008 Attn: City Clerk's Office SUBJECT: Request for Appeal Case Nos. SP-131 and CT 73-18 Rancho del Ponderosa Gentlemen: We hereby request a hearing before the Honorable City Council to appeal the City Planning Commission's denial of the subject Specific Plan and Tentative Map Respectfully, KAISER AETNA, A California general partnership (James M. Peters, Jr. Slot's Duly Authorized Agent JMP/dc cc: C.D. Sollazzo D. W. Gayle X7 > /• j * . a Jc division of vx CITY OF CARLSBAD PLANNING . DEPARTMENT STAFF REPORT FOR August 28, 1973 TO: REPORT ON: CASE NOS': APPLICANT: PLANNING COMMISSION .CONSIDERATION. OF .AMENDMENT TO..E..I..S. SPECIFIC PLAN TENTATIVE MAP E.I.S.-186 SP-131 CT 73-18 J. M. PETERS, JR. KAISER AETNA- PONDEROSA HOMES 2082 Business Center Drive, Suite 100 Irvine, California, 92664 ...I. GENERAL...INFORMATION A. Request: That the Planning Coimnssion recommend approval to the City Council of an E.I.S., a specific plan and a tentative map for a 420 single- family subdivision on a portion of Lot 11, Rancho Las Encinitas. B« Background: Said property is located northerly of and adjacent to Olivenhain Road, approximately 2080 ft. easterly of the intersection of Olivenhain Road and El Camino Real. Said property has a frontage on Olivenhain Road of approximately 2505 ft. and contains approximately 121.17 acres. The property is physically located'between two tributaries of the Encinitas Creek, characterized by an east to west ridge which has an elevation of 275 ft. in the northeast corner and an elevation of approximately 100 ft. at. the southwest corner of the parcel. A broad bench with an elevation of 200 ft. dominates the center portion of the site. The average slope for the entire property is 13-16%. The land is not presently being used for agricultural purposes. With regard to previous actions, the Planning Commission and City Council in April and May, 1973, did approve a preannexational change of zone to P-C (ZC-106) and a master plan for a 420 single family dwelling development (MP-105) fop the subject parcel . The Council Resolution no. 3116 approving the master plan is attached. The annexation of the property in question has been considered and approved by the City Council and LAFCO and all annexation proceedings should be complete prior to this Planning Commission Meeting. ft ••• C . Zoning and General Plan: 1 • Zoning: Existing': P-C - 3.5 d.u./acre Proposed: P-C - 3.5 d.u./acre Adjacent: North - P-C - 4.7 d.u./acre East -, P-C - 6.5 d.u./acre West - P-C - 4.7 d.u./acre 'South - County L-C 2- General, Plan: The subject property was not considered as a part of the adopted General Plan. Said area is within the San Dieguito Master Plan as being potential residential with from 0 to .75 d.u./acre. The adopted Master Plan indicates a density of 3.5 d.u./acre. The proposed development is within 'this commitment. .D. P u b 1 i c No t i f i c a t i on : The required public notices have been mailed regarding these items. . II. CONSIDERATION OF E.I.S.-186 A- Summary: As a part of the consideration of the original change of zone and master plan, the Planning Commission and City Council did accept a final E.I.R.-122 and the applicant is subsequently providing additional data on the precise development. In that a final E.I.R. has been accepted for this project, staff would recommend that this additional information be accepted as an addendum to the project description on an information only basis and take no .forma,! action in regard to E.I.R. consideration at this time. III. CONSIDERATION OF SPECIFIC PLAN NO. SP-131 A. Description of Project: The applicant proposes to develop the 121 acres for 420 single-family lots, three private park areas totalling 4.0 acres, public streets and open space easements. All the access to the proposed development is being provided by two access roads onto Olivenhain Road. All the interior public streets are to be a minimum of 56 ft. of right-of-way with the major streets of Hollyleaf and Armagosa being from 60 ft. to 80 ft. wide. The 80 ft. width on these two streets will occur at their intersection with Olivenhain Road to provide for landscaped median at these two points. * The individual residential lots, totalling 420 lots, are two way in size with the minimum lot containing 6300 sq. ft. with a buildable pad area of 5800 sq. ft. The applicant indicates that the average lot size will be 8000 sq. ft. The dwelling units to be constructed on the individual lots are to average approximately 1600 sq. ft. in area. No building elevations have been submitted at this time. Parking is being provided on the basis of a normal single-family lot subdivision with a two-car garage and two tandem spaces being provided on each lot, and the design of the proposed streets will permit on-street parking. In addition to individual recreational facilities provided on each lot by each occupant a private park system is proposed to consist of three small park areas, totalling approximately 4.0 acres, which would be interconnected by a meandering walkway system which would be constructed in the right-of-way of proposed Hollyleaf Street, a portion of Stickleback Vlay and Armagosa Street. The individual parks in terms of proposed size are as.follows: Lot 38-1.3 acres Lot 200 - 1.4 acres Lot 409 - 1.3 acres In terms of usage, the applicant, as a part of the Master Plan adoption, did indicate the one park would be utilized for a pool and adult oriented play areas one would be utilized for football and baseball purposes and one would be for 'tot lot purposes. These recreation areas and open space areas are to be main- tained by a Homeowner's Association. .The proposed private park system, potentii recreation facilities on the individual lots and the future public parks in the La Costa Area are considered to be adequate for an estimated population of 1390 persons with 630 children (based upon 1970 census information), for the tot; development. . In terms of meeting the Ordinance requirements for open space, the 66-2/3% requirement would be-met if 80.78 acres are preserved in open space. Based upon the indicated types of dwelling units, the space allocation would be as follows: Total Acreage 121.17 acres (100%) Req. Open Space 80.78 acres (66-2/3%) Prop. Build. Coverage 18.70 acres (15.4%) New Sts. Excel. 20.09 acres (16.6%) of Olivenhain Road Prop. Open Space 82.38 acres (68%) With regard to schools, attached is a copy of a signed agreement between the applicant and the Encinitas School District. Any agreement between the applicant and the San Dieguito School District has not been made known to staff at this time. B- STAFF RECOMMENDATION. That it be moved that the Planning Commission recommend SP-131 to BE APPROVED by the City Council, subject to conditions outlined below. Justification is based upon:1 1. Conformance of the specific plan to the approved Master Plan No. 105. 2. Conformance of the specific plan to all ordinance requirements for property in the P-C Zone District. 3. Conformance of the precise development to the existing and proposed development in the surrounding areas. C. CONDITIONS OF APPROVAL: Any approval should be subject to the following conditions: 1. The approval of this Specific Plan is granted for the land described in application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibits A, B, C, D. 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 plans labelled Exhibit A, B, C, & D, except or unless indicated otherwise herein. 2. Unless the construction of the structure or facility is commenced not later than one year after the date the approval is granted and is diligently pursued thereafter, this approval will, automatically become null and void. 3. Any minor change may be approved by the Planning'Director. Any sub- stantial change will require the filing of an application for an 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, arid 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 visibly 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 shall be a mix of Portland 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, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning Director. 9. All lighting shall be arranged to reflect away from adjoining properties and streets.- 10. A detailed landscape and sprinkler plan prepared by a landscape architect, shall be submitted to the Planning Director for consideration and approval. This requirement shall apply to all the private park areas, open space areas, the proposed meandering sidewalk and proposed entrance medians. Said plan shall also include the detailed plans for the proposed recreation facilities to be installed in the private park areas, 11. Prior to final building inspection clearance for each phaseall landscapi. and recreational facilities shall be installed. Said landscaping shall, at all times, be maintained in a manner acceptable to the Planning Director. 12. Prior to the issuance of any permits, the applicant shall enter into a mutually acceptable agreement with the San Dieguito Union School District to provide for future school requirements that will result from the proposed development. 13. All utilities, including electrical, telephone and cable television shall be installed underground and/or shall be completely concealed from view. 14. Prior to any construction, the applicant shall submit plans to the appropriate entity providing dopiestic water to the proposed development, for its approval of the location, type and adequacy of water lines, and to this Firs Department for approval of the location of fire hydrants. 15. 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. • . 16. The applicant shall establish and hereafter maintain a Homeowner's Association for the purpose of maintaining the private park, areas. IV- CONSIDERATION 'OF TENTATIVE MAP NO. 73-18 A. Description of Project: That tentative map consists of a total of 423 lots and public streets. The lots consist of 420 residential lots and 3 park lots to be held in common ownership. The application indicates that construction will occur in five phases, with one of the private park, areas to be constructed in phases 1,3, and 5. The applicant has indicated that approximately 1,000,000 yards of dirt will be moved in the grading operation to create the proposed subdivision. Of major concern is the impact on adjacent property of the 50 ft. high bank that will be created along the northerly property line west of proposed Guenus Street. In addition, the ridge which traverses the property from north-west to southeast is to be substantially reduced in .height. Staff is of the opinion that the proposed amount of grading could be substantially reduced and the main physical feature could be preserved by the use of different methods of pad construction, ex- porting of dirt and contouring of grading to existing terrain. A parcel that has an average slope of 13-16% is not conducive to a flat land concept of subdivision development. If the Planning Commission agrees with the staff in this area, the following condition should be added to any conditions of approval: That prior to filing of the Final Map, a revised Tentative Map shall be submitted to the City Engineer. Said map shall reflect the following: a. All cut and fill slopes shall be shown at a gradient ratio no steeper than two horizontal feet to one vertical foot. b. No cut or fill slope or combination thereof shall exceed the height of thirty feet measured vertically without the use of benching. c. Cut and fill sloped with a height greater than 15 ft. shall be separated by a building pad, a street, or if a natural slope, separation is used, it shall be a minimum distance of 30 ft. d. The elevation of the existing natural terrain shall not be lowered or raised by more than 30 ft. vertical height. e. All lot lines shall be at the top of slopes so that all downhill slopes are made part of the lot at the lower elevation. B- STAFF RECOMMENDATION: That it be moved that the Planning Commission recornment CT 73-18 "BE APPROVED by the City Council subject to* the conditions outlined herein. Justification is based upon: 1. Conformonce of Tentative Map to all requirements of the Municipal Ordinance Code and the regulations of the State of California Subdivision Map Act. 2. Said map is in conformance with the adopted Master Plan. With regard to compliance to the Parks Ordinance requirements, it is recommended that In-Lieu fees be required for this development. ' Justification is based upon: 1. -"'No -park--site"? s -shown -on "the subject-property on the adopted General Plan. 2. The location of the property on the City's exterior boundary would not be an ideal location for a City Park. 3. The size and shape of the subdivision would not permit a park of a size that could adequately function as a public park. 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. 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. 4. Park-In-Lieu fees shall be granted to the City prior to recording the Final Map. 5. The developer shall enter into a mutually acceptable agreement with the San Dieguito Union School District to provide for future school require- —ments that will result from the proposed development. 6. In order to provide for reasonable fire protection during the con- struction 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. 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, and free of all liens and en- cumbrances. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 8. All utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view. 9. Ornamental street-lighting shall be provided for as required by Municipal Ordinance Code. The Developer shall post a bond in the amount necessary to energize said street lights for an eighteen, month period after construction to permit the incorporation of the subdivision into a maintenance district. TO. 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. This requirement shall include all easements dedicated to Utility Districts, after approval of the Tentative Map. by the City Council. 11. The Subdivider shall dedicate to the public, all rights of ingress and egress from lots abutting upon restricted access streets and roads over and across the lines of said lots abutting said streets and roads. This dedication shall be so designated on the certificate sheet of the Final Hap with the intent that the owners of said lots will have no 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. Olivenhain Road shall be considered a -restricted access street in this instance. 12. The proposed street names are not approved. 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 Hap. 13. All setbacks on the individual lots shall conform to the requirements for lots in the R-l zone district. 14. The applicant shall provide a fully actuated traffic signal at the Intersection of El Camino Real and Olivenhain Road. 15. All lots having double street frontage shall have the access to one of said streets relinquished to the City of Carlsbad in a. manner acceptable to the City Engineer. 16. Olivenhain Road shall be dedicated and improved on the basis of a --51-ft. half street for the full frontage of the development, to City Standards. 17. If required by the City Engineering Office, the improvement plans shall include a report of a geological investigation 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 control, who shall be acceptable to the City Engineer, and they shall certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighboring properties. 18. The horizontal alignment of the indicated Sculpin Street in the vicinity of proposed lots 168-177 shall be revised to eliminate a.potentially hazardous curve in a manner acceptable to the City Engineer. 19. .The designation of no-parking on Armagosa and Hollyleaf Street proposed at their intersection with Olivenhain Road, shall be deleted. In addition, the proposed right-of-way width in these tv.'o areas shall be increased to 82 ft. to permit -a 16' wide median to City Standards. 20. The locations of parking, one side only, as indicated for portions of Hollyleaf Street shall be subject to the approval of the City Engineer. 21. The tentative grading as proposed is not approved. Said grading •shall "be revised'to accommodate cut and fill slopes and benches as required by the Grading Ordinance and Design Standards in those specific areas where cut and fill heights exceed 30 ft. 22. Prior to consideration of this tentative map by the City Council, said map shall be revised to reflect all of the conditions outlined herein. CITY OF CARLSBAD PLANNING DEPARTMENT ANALYSIS FOR APRIL 10, 1973 TO: PLANNING COMMISSION FINAL ENVIRONMENTAL IMPACT REPORT #122 BACKGROUND INFORMATION: In October of 1972, the 2900 acre La Costa Planned Community (P-C) Development was annexed to the City of Carlsbad. Concurrent with this annexation was the definition by the Local Agency Formation Commission (LAFCO) of an interim sphere of influence boundary for the City. The potential for annexation of the subject property to the City of Carlsbad has been made possible mainly as a result of these two prior actions. Of paramount importance in all annexations of peripheral unurbanized lands to the City are the provision of public services and the de- gree to which the subject area has been considered through the City's planning efforts. In its relationship to the "Central City" area of Carlsbad, La Costa represents a separate and distinct urban center. Likewise, the Rancho Del Ponderosa site, as well as all that area south of La Costa, which lies within the Carlsbad sphere of influence boundary, is separate and distinct from the central City. Since La Costa was planned and partially developed under the County at the time of annexation, it primarily represents a decentralization of municipal functions of the City. However, centralized pressures for development in and around such a decentralized urban-residential area is a common characteristic of urban sprawl.. For example, La Costa is geographically separated from the City's core by a distance of seven miles. Also, the socio-economic characteristics of the La Costa population provide further basis for distinguishing La Costa as having a separate sense of indentity from the central City. Being separate, 2900 acres in size, and having a planned population of 55,000 at ultimate development, the area around La Costa can be expected to have as high an intensive use as any property in the North County. EIR Ponderosa Page 2 Public services in La Costa have in the past been provided through County special districts and internally provided private police and fire protection. Recent annexation to Carlsbad has made Fire and Police protection the City's responsibility. Depending upon the timing and extent of growth that occurs around La Costa, service demands will rise accordingly. Compounding the problem of analysis is the fact that the project area is located on the periphery of two urban areas; Encinitas and Leucadia to the south-west and Carlsbad to the north; and little planning has taken place through the County, and none through the City of Carlsbad. ACCEPTABILITY OF DRAFT REPORT: The draft report titled "Draft Environmental Impact Report for Rancho Del Ponderosa", proposed by Ponderosa Homes, and prepared by Rick Engineering Company was accepted by the Planning Director as the preliminary E.I.R.. This report was forwarded to the following agencies for comments: 1. 2. 3. 4. 5. FINAL REPORT: Olivenhain Municipal Water District San Dieguito Union High School District County of San Diego - Dept. of Public Works San Diego County Planning Department I.R.E.M. 1. Project Description The background information and the information found in the draft EIR provides an adequate description of the project. Additional information (minutes, staff reports, etc.) can be obtained from the Planning Department and the City Clerk. (See Pg.l of Draft EIR) 2. Environmental Setting Without the Project The information contained in the draft EIR provides an adequate description of the present environmental setting for purposes of this report. (See Pgs. 1-7 of Draft EIR) 3. Identify Environmental Impacts The Draft EIR (Pgs.8-11) identifies the basic environmental im- pacts of the project. Additional impacts to human and governmental systems will be further explored in this section. Being located in open or agricultural present time some to tribute to the trend agricultural lands. a generally isolated area, surrounded by much land to the east, west and south, and at the the north, the project may be expected to con- toward urbanization of non-urban peripheral and Land value increase fostered through tax assess- ment practices of the County Assessor, and land speculation can be EIR Ponderosa Page 3 further expected to occur in the surrounding area, thus increasing developmental pressure. While this trend is not new to the North County, locational factors will play an important role in the potential significance of impacts of the project. The additional impacts of concern regarding the "Ponderosa Homes" project are generally associated with such locational factors, These types of impact are macro problems which lie beyond the spe- cific project and may be mitigated through adequate planning and agency coordination. They are specific in nature but pertain to future generalized, long range, and cumulative impacts which the City should deal with through some form of advanced planning or policies. Of specific concern are the impacts which have been dis- cussed in the "Preliminary Assessment" of the Rancho Del Ponderosa Draft EIR. These are basically as follows, but have been expanded to include other areas not mentioned: (a) Potential growth inducing impact as may affect overlapping jurisdictional areas; and as may affect presently non-urbanized neighboring lands. (b) Impact on Public Services - Schools, Water, Sewers, Fire and Police Protection. While these impacts, with the exclusion of the impact on schools, may not create serious problems at the present time in relation to the "Rancho Del Ponderosa" development, capacities may be reached, or over-extended in the near future. In the enclosed letter from William A. Berrier, the state- ment is made that "The San Dieguito High School District is un- alterably opposed to the addition of any new housing developments in the portion of the district that is located within the City Limits of Carlsbad until such time as provision is made for future school sites in the area." The City is presently working with the school district to resolve this problem by defining suitable school sites. None has yet been selected, however. (c) Impact on Turkey Farm - The turkey farm located on the development site will be eliminated by development. Some degree of economic effect on owner and employees of farm can be expected. Since no data was given con- cerning socio-economic backgrounds of these individuals, assessment is difficult. However, the report did state that the turkey farm operation could relocate. ( d ) Effect on San Dieguito Community Plan - This is a problem involving the over! appi ng .of planning areas. However, Carlsbad, has undertaken no formal planning in the area, and thus a conflict would theoretically exist with any develop- ment of the area not compatible with recommendations of the San Dieguito Community Plan. tiK Ponderosa P a q e 4"C (e) Impact on Agriculture - While the development site is in highly eroded condition, its prior use was in agriculture. Adjacent properties to the north-west, west (across El Camino Real), and south are currently under agricultural use. The project will contribute to the depletion of lands availabl for agricultural uses and effectively eliminate its use as a future alternative. This impact would have the effect of reducing the agricultural employment opportunities for farm workers. (f) Impact on Natural Resources - The impact of the project on the site itself has been dis- cussed in the draft EIR. The basic discussion, however, did not include information regarding the suitabbility of the soils found on the site for agricultural purposes. This is the only significant natural resource on the property. The broader question of the long range impact of development on the natural resources of the area is also important in considering urbanization trends. The natural environment consists of all things including man. On the one hand, physical and biotic systems which comprise the subject matter of physical and life sciences possess inherent value in his relation to this balance for he, too, is a part of it. On the other hand, however, man also has the greatest capacity to alter the environment and therefore must exercise sound judgement in any activity which may effect ecological balance. Further development in the genral vicinity around the pro- ject site would be benefited by studies of this relationship and how balances could best be maintained. MITIGATIVE MEASURES PROPOSED TO REDUCE IMPACTS The impacts discussed in this report may be mitigated through a variety of actions directed toward solutions of specific impacts. 1. Mitigative measures suggested to reduce the effect of environmental impacts pointed up in the draft "EIR" are found on page 13 of the report. The report pointed up numerous impacts and suggests methods of mitigating the overall impact of the project. Such methods involve; a. control of grading. b. design controls to be proposed through specific plan. c. early planting of cut and fill slopes. d. underground placement of utilities. e. development of park sites. Page 5. 2. The following mitigative measures are proposed to reduce impacts as pointed up in the Staff's review of the draft EIR: a. Impact on Public services: - 1. Schools: The City could work with the applicant and school district in reaching cooperative agreements which would lead toward school site acquisition. 2. Water Service: (a) The applicant could pay a share proportionate to use in the necessary 2000' extension of a water line to serve the property. (b) When and if capacities are reached, the City could impose density or growth controls designed to be flexible, with the Leucadia Municipal Water Districts(LMWD) ability to provide service. 3. Sewer Service: (a) When and if capacities are reached, the City could follow the same course of action outlined above. 4. Fire and Police Service: (a) These impacts are minor as there is presently a small population residing in the area. Potential future impacts will be mitigated through the provision of additional fire stations in La Costa and eventual increasing of police protection. At present there is one fire station with two pumpers and one patrol car serving the La Costa Area. 5. Turkey Farm: (a) a turkey farm is a relatively portable type of business activity. Relocation could be accomplished at low expense and with little difficulty. (b) The applicant could assist the lessee in this task if considerable difficulty or economic hardship may be involved as a result of limited viability of the business. 6. San Dieguito Community Plan: (a) The City, Applicant, and a representative from the San Dieguito Community Planning Group could coordinate in reaching an acceptable density and land use arrangement. The following alternatives are examples of what could be explored: 1. reduce project densities to San Dieguito plan densities. 2. revise San Dieguito Community Plan. 3. Reduce project densities to a mid-range to provide a soft transition between the 6.5 d.u./acre of La Costa and the o. - .75 d.u./acre of the San Dieguito Community Plan. * * * * Discussion of Impacts on Agriculture and Natural Resources for which mitigative measures are proposed below, are directed toward possible means of avoiding unnecessary future depletion. EIR Ponderosa Page 6. 7. Agriculture: (a) The City, through its General Plan Revision, could seek to establish viable programs for agricultural preservation. (b) Interim policies could be proposed to control development affecting agricultural lands. (c) In conjunction with the revision of the General Plan, a cooperative' study be undertaken with other agencies to determine faasibile approaches to coordinating natural resource protection. 8. Natural Resources: (a) The revision of the General Plan could be geared toward discovering and planning for the optimal relationship between man, and natural systems important to ecological balance. As such, it could be a document for environmental quality control. (b) Developers could be encouraged to design more closely with nature where an important resource is involved. (c) In conjunction with the revision of the General Plan, a cooperative study be undertaken with other agencies to determine feasible approaches to coordinating natural resource protection. 5. ANY ADVERSE ENVIRONMENTAL EFFECTS WHICH CAN NOT BE AVOIDED SHOULD THE PROPOSAL BE IMPLEMENTED. Page 12 of the draft E.I.R. provides this information. 6. ALTERNATIVES TO THE PROPOSED ACTION Alternatives are found on pages 14 and 15 of the draft E.I.R. 7. THE RELATIONSHIP BETWEEN THE LOCAL SHORT TERM USES OF HAN'S ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG TERM ENVIRONMENTAL PRODUCTIVITY. Three important kinds of natural resources exist in the vicinity of the proposed project: 1. agriculturally suitable soils under cultivation. 2. natural drainage systems. 3. natural habitat suitable for sustaining wildlife. If development is allowed to proceed without prior consideration of the preservation of these resources then the choice of alternatives by future generations would be precluded by their possible elimination. These natural resources are relatively inelastic and would be difficult to restore at a future time., with their productivity lost by their physical elimination the range of the environment would be curtailed. 8. THE GROWTH INDUCING IMPACT OF THE PROPOSED ACTIVITY UPON THE NEIGHBORHOOD AND/OR COMMUNITY. The primary growth inducing impact of this project are part of the larger trend in the conversion of non-urban land to urban area. The effect on the community is basically that of increasing the second nucleus area of the City around La Costa along the City's southerly boundary. 9. THE BOUNDARIES THAT MAY BE SIGNIFICANTLY AFFECTED BY THE PROPOSED ACTIVITY. This information- may be found on Page 19 of the draft E.I.R. QflX "M AJ? D. KING, j Planner. April 10, 1973 1 RESOLUTION NO. 951 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD SETTING FORTH ITS FINDINGS AND 3 RECOMMENDING TO THE CITY COUNCIL DENIAL OF TENTATIVE MAP (CT 73-18) TO ALLOW A 420-UNIT 4 RESIDENTIAL DEVELOPMENT ON PROPERTY LOCATED ON THE NORTH SIDE OF OLIVENHAIN ROAD, EASTERLY OF 5 . EL CAMIMO REAL (RANCHO DEL PONDEROSA) 6 WHEREAS, the Planning Commission of the City of Carlsbad, 7 California, did receive a verified appl ication from: KAISER-AETNA-; 8 a California General Partnership, (Ponderosa Homes), requesting 9 approval of a Tentative Subdivision Map (CT 73-18), to allow for 10 420-unit residential development on property generally located 11 on the north side of Olivenhain, easterly of El Camino Real , more 12 particularly described as: 13 That portion of Lot 11 of Rancho Las Encinitas, according to Map thereof No. 848, filed in the 14 office of the County Recorder of the County of San Diego, State of California, June 27, 1898. 15 16 WHEREAS, the Planning Commission did consider the Final 17 Environmental Impact Report (EIS No. 122) for this project and v18 approved same as presented, and; 19 WHEREAS, the Planning Commission did consider a request for 20 approval of Specific Plan for this project and DENIED same, and; 21 WHEREAS, the General Plan of the City of Carlsbad does re- 22 quire a Specific Plan for P-C (Planned Community), and; 23 WHEREAS, the Planning Commission did find that the Tentative 24 Map does not comply with the General Plan of the City of Carlsbad; 25 NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of 26 the City of Carlsbad, that it does hereby recommend DENIAL to the 27 City Council of the City of Carlsbad, of the herein described 28 Tentative Map CT 73-18 for the following reason: 29 1. The design of the subdivision is not consistent with 30 the intent of P-C Zoning. 31 x x 32 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 28th day of August, 1973, by the following vote, to wit: AYES: Commissioners Forman, Casler, Wrench, Palmateer, Little and Jose NOES: None ABSENT: Commissioner Domi: ATTEST: , JR., Chairman V - „ ^ ..-DONATD A. AGATFP, Secretary \ 1 I RESOLUTION MO. 952 2! A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 DENIAL OF A REQUEST FOR APPROVAL OF SPECIFIC PLAN TO ALLOW A 420-UNIT RESIDENTIAL DEVELOPMENT 4 ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF OLIVENHAIN ROAD, EASTERLY OF EL CAMINO REAL 5 (RANCHO DEL PONDEROSA-SP 131) 6 WHEREAS, the Planning Commission of the City of Carlsbad, 7 California, did on the 28th day of August, 1973, hold a duly 8 noticed public hearing to consider a request for approval of a 9 Specific Plan to allow a 420-unit residential development on 10 property generally located on the north side of Olivenhain Road, 11 easterly of El Camino Real, more particularly described as: 12 That portion of Lot 11 of Rancho Las Encinitas, according to Map thereof No. 848, filed in the 13 office of the County Recorder of the County of San Diego, State of California, June 27, 1893. 14 | 15 WHEREAS, the Planning Commission did consider the Final 16 Environmental Impact Report (EIS Mo. 122) for this oroject and I1? approved same as presented, and; 18 WHEREAS, the Planning Commission ,-at said:public hearino, 19 and upon hearing and considering the testimony and arguments, if 20 any,'of all•persons:who desired to be heard, did find the following 21 facts; and reasons to exist which make .the DENIAL of a:7Snecific 22 Plan necessary to,.carry;out the.provisions and aeneral puroose of 23 Title 21: • • . . 24 1- The.lot sizes orooosed subvert the intent of the P-C 25 (Planned Community) Zone. 26 2. The circulation element has not been adequately 27 considered. 28 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of 29 the City of Carlsbad, that it does hereby recommend DENIAL to the 30 City Council, of the proposed Specific Plan for said property. 31 xx 32 xx c 1 2 i 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 at a regular -meeting of the City of Carlsbad Planning Commission, held on the 28th day of August, 1973, by the following vote, to wit: AYES: Commissioners Forman, Casler, Mrench,' Palmateer, Little and Jose NOES: None ABSENT: Commissioner Domihguez JR. , Chairman ATTEST: .D 0 N A L D A A G ATE FT Secret*ry \ To : Planning Commission Re: Study and Report Back to City Council Case No: Specific Plan #131 Applicant: Kaiser-Aetna Company ( Rancho del Ponderosa) 2082 Business Center Drive Irvine, CA 92664 The Planning Commission last considered the Rancho del Ponderosa Specific Plan on October 9, 1973. They were at that time apprised of the City Council's decision to grant the applicant's appeal of the Commission's decision to recommend denial of the Specific Plan and Tentative Map. The granting of the appeal was made v With, the proviso that tHe project be redesigned so as to: 1. Grade existing topography to accomodate a single family I detached housing project which meets the intent of P-C Zone; 2. Provide functional and useable open space; 3. Provide amenities for the development in exchange for the potential of smaller lot size. In response to the City Council's granting of the appeal, the Commission adopted by minute motion the position that the.redesign should be resubmitted to the Planning Commission for review prior to review by the City Council. Said redesign has been completed by the applipant and has been submitted for Planning Commission review. Changes occurring in the Specific Plan are as follows: 1. The number of proposed units has been reduced by two to a total of 418. 2. Minimum lot size has been increased from 6000 SF to 6300 SF. 3. Special treatment of slope areas in the northwestern section of the project has been incorporated. 4. Park areas have been redesigned to incorporate slope considerations. ' MEMORANDUM January 24, 1974 TO: THE HONORABLE CITY COUNCIL FROM: DONALD AGATEP, PLANNING DIRECTOR SUBJECT: RECOMMENDED CONDITIONS TO BE ATTACHED TO ANY APPROVAL OF SP-131 AND CT 73-18 (KAISER-AETNA/PONDEROSA HOMES) SPECIFIC PLAN NO. 131: The approval of the revised Specific Plan could be justified by: 1. Conformance of the revised Specific Plan to the approved Master Plan No. 105. 2. Conformance of the revised Specific Plan to all require- ments of the Municipal Ordinance for property located in the Planning Commission Zone District. 3. Conformance of the precise development to the existing and proposed development in the area. Any approval should be subject to the following conditions: 1. The approval of this Specific Plan is granted for the land described in application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibits E and F. The location of all buildings, fences, signs, roadways, parking areas, landscaping, and other facilities or fea- tures shall be located substantially as shown on the plot plans labeled Exhibits E and F, except or unless indicated otherwise herein. 2. Unless the construction of the structure or facility is commenced not later than one year after the date the ap- proval is granted and is diligently pursued thereafter, this approval will automatically become null and void. 3. Any minor change may be approved by the Planning Director. Any substantial change will require the filing of an appli- cation for an 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 govern- mental entity shall be complied with. 5. 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. -1- 6. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning Director. 7. A detailed landscape and sprinkler plan prepared by a landscape architect shall be submitted to the Planning Director for consideration and approval. This require- ment shall apply to all the private park areas, open space areas, the proposed meandering sidewalk and proposed en- trance medians. Said plan shall also include the detailed plans for the proposed recreation facilities to be in- stalled in the private park areas. 8. Prior to final building inspection clearance for each phaseall, landscaping and recreational facilities shall be installed. Said landscaping shall, at all times, be maintained in a manner acceptable to the Planning Direc- tor. 9. Prior to any construction, the applicant shall submit plans to the appropriate entity providing domestic water to the proposed development for its approval of the loca- tion, type and adequacy of water lines, and to this Fire Department for approval of the location of fire hydrants. 10. The applicant shall establish and hereafter maintain a Homeowner's Association for the purpose of maintaining the private park areas. TENTATIVE MAP NO. 73-18: The approval of the revised Tentative Map could be justified by: 1. Conformance of revised Tentative Map to all requirements of the Municipal Ordinance Code and the regulations of the State of California Subdivision Map Act. 2. Said map is in conformance with the adopted Master Plan and Specific Plan. With regard to compliance to the Parks Ordinance requirements, it is recommended that in-lieu fees be required for this development. Jus- tification is based upon: 1. No park site is shown on the subject property on the adopted General Plan. 2. The location of the property on the City's exterior boundary would not be an ideal location for a City Park. 3. The size and shape of the subdivision would not permit a park of a size that could adequately function as a public park. -2- Any approval should be subject to the following conditions: 1. 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, li- mitations and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereaf- ter, may be in force for the purpose of preserving the residential characteristics of adjacent properties. 2. The C.C&R's for this development shall be submitted to the Planning Director for review and approval prior to the is- suance of any building permits. 3. Park-in-lieu fees shall be granted to the City prior to ap- proval of the final Map. 4. In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain pas- sable vehicular access to all buildings; and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 5. 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, and free of all liens and encum- brances. Improvement plans for water and sewer system shall meet the requirements of the respective service dis- tricts. 6. Ornamental street lighting shall be provided for as required by Municipal Ordinance Code. The developer shall post a bond in the amount necessary to energize said street lights for an eighteen (18) month period after construction to per- mit the incorporation of the subdivision into a maintenance di stri ct. 7. 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. This requirement shall include all easements dedicated to Utility Districts, after approval of the Tentative Map by the City Council. 8. The subdivider shall dedicate to the public all rights of ingress and egress from lots abutting upon restricted ac- cess streets and roads over and across the lines of said lots abutting said streets and roads. This dedication shall be so designated on the certificate sheet of the Final Map with the intent that the owners of said lots will have no rights of access whatsoever to said streets and roads. The words, "access rights dedicated to the City", shall be let- tered along the road adjacent to the lots affected on the map proper. Olivenhain Road shall be considered a restric- ted access street in this instance. -3- 9. The proposed street names are not approved. 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 pri- or to recordation of the Final Map. 10. All setbacks on the individual lots shall conform to the requirements for lots in the R-l zone district. 11. The applicant shall provide a fully-actuated traffic sig- nal at the intersection of El Camino Real and Olivenhain Road. 12. All lots having double street frontage shall have the ac- cess to one of said streets relinquished to the City of Carlsbad in a manner acceptable to the City Engineer. 13. Olivenhain Road shall be dedicated and improved on the basis of a 51 ft. half street for the full frontage of the development, to City Standards. 14. If required by the City Engineering Office, the improvement plans shall include a report of a geological investigation 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 control, who shall be acceptable to the City Engineer; and they shall certify that they have investigated the site and pre- pared data with full consideration of the consequences to the included and neighboring properties. 15. The locations of parking, one side only, as indicated for portions of Los Pinos Street, shall be subject to the ap- proval of the City Engineer. 16. The horizontal alignment of the indicated Las Palmeras Way and Las Palmeras Street in the vicinity of proposed lots 280-298 and 320-331 shall be revised to eliminate a poten- tially hazardous curve in a manner acceptable to the City Engineer. -4-