The URL can be used to link to this page

Home My WebLink About1973-11-07; City Council; 2187; Change of Zone from PC to R 1^ Amanda Bill ^cCIJ) / €7 V - " ' -." - > 3 ' .^0 Date ' . Referred Jot - .. - . • CITt CO"u»CIL .. . Subject: CASE MOS.-ZC-137. S CT 73-45-..- LOMA LAGUNA Submitted Byr ."" No. 2 (VI. Allan KelTy}"- Request.,for approval of a :- . ( Change of Zona from P-C to R-l,"and Consideration of. 'PLANNING COMMISSION a Tentative Map to allow for the development_pf a 61- nn ?1,7 acres of land generally located _ on both sides ef Park Dr. (Ext.), southerly .of- El Camino Real " Statement of the Matter These matters were considered by the Planning Commission at"their regular meeting-of. October 23, 1973» Resolution No. 980 was adopted recommending approval to the City Council of the request for Change of Zone. Resolution No. 981 was adopted recommending approval to the City Council of there— -quest for consideration of the Tentative Map. Before the-Tentative Map was to be "heard by the City Council, the applicant was to preserrt proof of compliance with tha City. Council School Policy to the Planning tttrector (Condition No. 3 under CT 73-45K as revised from the Staff's report in > the resolution.'^ •- -- . • • - : ^ •" - : -^ Exhibit , . ........ ^ •.":.'.'.-,-.' 1. Staff Report dated October 23, 1973 la. School District Letter 2. -Applicants/Exhibit (Map) - * Dated October 25, 1973 3. "Resolution NO. 980 (Plan. Comm.) ' - 4. Resolution NO. 981 (Plan. Conmu) 5. City Council Resolution No> 6. City Council Resolution Ho. 7. City Council- Ordinance No_ . Staff Recommendations Staff's recommendations for approval are more fully outlined in report dated October 23, 1973 and in Planning-Commission Resolutions'. . - " . CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT OCTOBER 23, 1973 TO: PLANNING COMMISSION REPORT ON: CONSIDERATION OF ZONE CHANGE CONSIDERATION OF TENTATIVE MAP CASE NO: ZONE CHANGE NO. 137 CARLSBAD TRACT NO. 73-45 APPLICANT: RANCHO AGUA HEDIONDA % W. Allan Kelly P.O. Box 463 Carlsbad, California 92008 I. GENERAL INFORMATION A. Request; The applicant is requesting approval of a zone change from P-C (Planned Community) to R-l (single-family residential) and a tentative map to permit the development of a 6l lot subdivision on 21.7 acres of land generally located on both sides of Park Drive (extended) and southerly of El Camino Real (directly east of Loma Laguna Unit #l). B. Background; In January, 1970, the City Council approved a Zone Change from R-l-10,000 and R-A-10,000 to P-C and a Master Plan (Res. #1678) on this, and surrounding, property with the intent of allowing the development of clustered rental units with an overall density of 10 d.u./acre. Since that time, because of neighborhood opposition to the original development concept, a zone change back to R-l and a tentative map was approved for Loma Laguna Unit #1. This application is basically identical to that of Loma Laguna Unit #1. C. Zoning and General Plan; 1. Zoning; Existing: P-C (M.P.) Proposed: R-l Adjacent: North - R-A-10 East - R-A-10 South - P-C West - R-l 2. General Flan; In January, 1970, the adopted General Plan was amended (Res, #1677) to permit a maximum of ten (10) dwelling units per net acre.in this area. The applicant is proposing 3-37 dwelling units per net acre. D. Environmental Impact Consideration; The applicant has submitted an Environmental Impact Assessment per City requirements and the Planning Director has declared that this project would have a "non-significant" impact on the environment. The two possible impacts, that of circulation and grading, were not considered to be significant and could be, or have been, adequately mitigated through design and conditions of approval of the tentaive map. E. Public Notification; The required public notices have been published and mailed regarding these items. II. CONSIDERATION OF ZOMS CHAJ&E HO. 137 A. Description of Application; As stated before, the proposed development is not consistent with the intended development for which the P-C zoning was • granted. Because of this fact, the applicant and staff reasoned that it would be more appropriate to request that the property be reverted back to Er-1 zoning. The boundaries of the requested zone change would follow the subdivision boundary of the proposed tentative map no. CT 73-45 (discussion to follow). B. Staff Recommendation; Staff recommends that the Plannijig Commission recommend to the City Council that Zone Change No. 137 BE APPBDVED. Justification is based upon: 1. R-l zoning would permit development that would be consistent with existing, surrounding developments. 2. R-l zoning would permit development that would be consistent with the recommendations of the General Plan. III. CONSIDERATION OF TENTATIVE MAP NO. CT 73-45 A. Description of Project; The proposed development consists of 6l single- family lots on approximately 21.72 acres. Immediate access will be by extending Park Drive easterly from its existing terminus in Loma Laguna I. Two future points of ingress and egress are also shown, one to the south to tie in to the proposed extension of Kelly Drive, and one to the north to provide access to Marja Acres. Topography in the area range from approximately 11 feet in the Agua Hedionda Creek watercourse to the south to approximately 105 feet along the northerly subdivison boundary. Most of the pads, and related grading, are proposed above the 40 foot contour line, with the lowest finished pad at 55 feet and the highest at 97 feet. Proposed cut and fill slopes are a minimum of 2:1. The tentative map shows 5 panhandle lots and if approved, an additional approval of a variance to permit said lots would not be required. B. Parks Ordinance: Staff recommends that park-in-lieu fees be required rather than the dedication of park land. Justification is based upon: 1. Although the adopted General Plan designates that area along the southerly subdivision boundary as "Parks, semi-public, Open Space", the area of the proposed subdivison is clearly outside of that designation. 2. The topography, geology, access and location of any available land in this subdivision would not be appropriate for park purposes. -2- 3. The existing park site in Laguna Eiviera will serve this subdivision. More appropriate lands for community needs are located south of propo?>ed Kelly Drive, currently under County jurisdiction. C. Staff Recommendation; Staff recommends that the Planning Commission recommend to the City Council that Carlsbad Tract No. 73-45 BE APPROVED subject to the following conditions: 1. Park-In—Lieu fees shall be granted to the City 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 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. 4. 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 sha3.il 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 encumbrances. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 6. All drainage and grading plans shall be approved by the City Engineer. 7« All utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view. 8. 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. 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 subdivision 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. -3- 11. If required by the City Engineering Office, the improvements plans shall include a report of a geological Investigation and a com- plete 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. 12. All cut and fill slopes shall be rounded and be approved by the City Engineer prior to issuance of building permits. All slopes shall be hydramulched, or equivalent, immediately after the grading of said slopes takes place. 13. The applicant shall dedicate 10 foot tree planting and public utility easements along the public right of way of Vista Loma and Vista Marina. 14. Publicly maintained off site sewer, water and storm drain facilities vdthin steep slopes shall, be graded to substantiate a passable vehicular access where it is necessary at applicant's expense and as approved by the City Engineer. 15. 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. ATTACHMENTS: Vicinity Map Exhibit "A" ' Legal Description Letter from Carlsbad Unified School District dated Sept. 26, 1973. Memorandum from the Fire Department Letter from S.D.Co. Dept. of Sanitation & Flood Control Letter from San Dfego Gas and Electric Co. -4- COUNTY ZONING A- I (-3 RO3S3T5ON LAMB HOFFMAN 3LQNDFCHD COUNTY ZONING SPECIFIC PLAN .-•••i4O -;••;. J _TEiNTAT}yi ..::.-... MAP '01^73-45 • RSQUE3TSD BY: W- ALLAN KELLY RHO.AGUA HEOIONDA CITY OF CA-RLS8AD PLANNING DEPT /I f~) '""5 //—I /"" y i_'' ,VT ~: I I .' - •-—^ jf&W&t - - 6 EXHIBIT "A" LQMA LACUNA II Open Space Calculations Gross area of subdivision --------------- 21.72 Ac. Gross area X .6667 = required open space- ------- 14.48 Ac. Area covered by street (to back of sidewalk) - ----- 3.66 Ac. Area covered by houses (max. house used = 2000 sf) 2370 X 61 = 144,570 -— • 3.32 Ac. ' ' . . ' . '.-••'•• • ...:-. ; .••••. '.. 6.98 /. Gross 21.72 Covered 6.98 Actual open space 14.74 Ac. = " . .'•• : • " '• '• V. ' ...... ' :. • •' ' .-•"'•''. . ' " .67.87% . . Greater than required ' ' • . _'.i~ ~ '• ' "'"'" •'..•'.... Required open space @ less than 15% or natural Required 14.48 X 75% ' - 10.86 Ac. ' *: . Area covered by street and house (above)- ------- 6.98 Ac. Area covered by 2;1 slopes- -------------- 3.20 Ac. Total . 10.18 Ac. Gross 21.72 Street, house, and slopes 1Q.181 Open space § less than 15% or natural 11.54 Ac. = 79.7% of 14.48 Ac Greater than required 10.86 JH:ls Job No. 4633 . . _ ' — *"*•• August 30, 1973 ' ' •" I - Revised: September 4, 1973 FORM 468 DAWCO PRESS H!CH£jNGINEERING COMPANY I 509 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 TELEPHONE AREA CODE 714 729-4987 JOB NO. 4633 LEGAL DESCRIPTION FOR-' ZONE CHANGE-FROM PC TO R-l (7,500)WWW CHK'O. DATE 10-8-73 SHEET 1 OP 1 That portion of Lot 1 of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, in the City of Carlsbad, County of San Diego, State of California, described as follows: All of "Tentative Map of Carlsbad Tract No. 73-45 (Loma Laguna No. 2)", dated August 21, 1973, revised October 8, 1973, as indicated by the heavy line marked subdivision boundary, bounding the streets and lots thereon and made a part hereof. Containing 22 acres more or less. TITLE CO. REFERENCE ORDER NO. DESCRIPTION REVISIONS c CARLSBAD UNIFIED SCHOOL DISTRICT 801 PINE AVENUE CARLSBAD, CALIFORNIA 92008 September 26, 1973 P 2 8 ?973 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. Donald A. Agatep, Director of Planning Gentlemen: Reference: CT 73-45, Loma Laguna II The Governing Board of. the school district at a meeting held on September 24, 1973, reviewed the information presented by your department concerning the proposed real estate development known as Loma Laguna II consisting of a 61 unit addition. As a result of this review, it is estimated that from the number and(types of residences planned that there may be from 65 to 70 school age children residing in the tract when it is completed and occupied. I: 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. The district administration has been in contact with a representative of the developers, but to date no agreement has been reached with the developer to provide financial assistance for school facilities which will be needed 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 would be made available to members of the City Council and the Planning Commission. Sincerely yours, HOWARD C. HARMON District Superintendent FHL:HCH:ba ADMINISTRATION 729-9291 WHITE BT—IIQRTT SAY IT INTER-DEPARTMENT MEMORANDUM A.M. TO : PLANNING DEPT. PROM: FIRE DEPT.f SOBJSCT: flipiaponil^onia Laguna II DATE 9-27 19 73 Hydrants as required fiy Fire Department tn servtca prior to framtng. /I. REPLY ON THIS SHEET WILMtR -Sl«»ICf a" FROM A. WOLENCHUK 3/C 11-24 j -• I COUNTY OF^N DIEGOUltLUU PUBLIC WORKS AGENCY Department of Sanitation & Flood Control C.J. HOUSON * J County Operations Canter, 5555 Ovtrland Avenue, San Dl«jo, California 92123 . .... TtUphoiw: 278-9200 21 September 1973 Mr. Donald A. Agatep, Director of Planning City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 SUBJECT: Loma Laguna II, We have reviewed subject map as requested in your letter of 17 September 1973- This proposed subdivision is located on the easterly end of Park Drive. The property is outside of the boundaries of the San Diego County Flood Control-District. Therefore we have no comments to make on this tract. C. J. HOUSON By Principal Civil Engineer HS.-kk • \ SAN DIEGO GAS & ELECTRIC COMPANY P.O. 80X1831 SAN DIEGO. CAUFOHNIA 92112 FILE NO. LNH 100 September 28, 1973 City of Carlsbad Planning Department 1200 THm Avenue Carlsbad, California 92008 Gentlemen: TENTATIVE Tract' T3"& 73-1*7 73-U3 73-2 Variance Plat V-231 MAPS RECEIVED OCT 1 1973 CITY OF CARLSBAD .Planning Department ¥e have reviewed the above mentioned tentative subdivision maps and variance plat and find no conflict in relation to San Diego Gas & Electric Company's major facilities. Sincerely, LLK:ldr Phone: 232-4252 Extension: 1101 cc: A. A. Sugg Larry L. Kelly Right of Way Agent INVESTOR-OWNFD BY MOHE THAN 35.000 STOCKHOLDERS CARLSBAD UNIFIED SCHOOL DISTRICT 801 PINE AVENUE CARLSBAD, CALIFORNIA 92008 October 25, 1973 Carlsbad City Council 1200 Elm Avenue Carlsbad, California 92008 Gentlemen: After discussion between the parties, Rancho Agua Hedionda, represented by W. Allan Kelly, and the Carlsbad Unified School District, represented by Howard C. Harmon, the developer, Rancho Agua Hedionda, has agreed to pay the school district 61 times $393, or $23,973. The $23,973 will be paid, or the developer will sign a "Secured Agreement Between Owner, Developer and Carlsbad Unified School District," before the City Council approves the final map of Carlsbad Tract 73-45. It is understood that a sum of money equal to $393 times the number of building permits obtained for the first increment of construction will be paid before the approval of the final map. The remaining amount of money will be covered by a surety bond paid for by the developer and in favor of the district. This bond must be posted before the final map is approved by the City Council. We jointly request that you impose, as a condition of the tentative map for Carlsbad Tract 73-45, that the stipulated sum of money be paid and/or a "Secured Agreement Between Owner, Developer and Carlsbad Unified School District" be signed before the Council will give approval of the final map. This condition will be handled in the same manner as other improvements and funds for such items as parks are now handled by the city prior to approval of the final map except that the actual contribution of fees will be made directly to the school district. A copy of any signed secured agreement and/or a copy of a receipt for any funds contributed to the school district will be delivered to the city prior to Council action approving the final subdivision map. Sincerely, W. Allan Kelly V Rancho Agua Hedionda WAK:HCH:ds ADMINISTRATION bward C. Harmon District Superintendent Carlsbad Unified School District 729-9291 PLANNING COMMISSION RESOLUTION NO. 980 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 AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE RAP (CT 73-45) TO ALLOW DEVELOPMENT OF A 61 LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED ON BOTH SIDES OF PARK DRIVE (EXTENDED) AND SOUTHERLY OF EL GAMING REAL, TO BE KNOWN AS LOMA LAGUNA NO. 2. WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from W. ALLAN KELLY, requesting approval of a tentative subdivision map (CT 73-45) to allow a 61 lot subdivision, on property generally located on both sides of Park Drive (extended) and southerly of El Camino Real, to be known as Loma Laguna Mo. 2, and said property further described as: A portion of Lot I, Rancho.Agua Hedionda* Map No. 823, in the City of Carlsbad, County of San Diego, State of California, WHEREAS, said application has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972" and has been determined to have an insignificant impact on the environment; 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, WHEREAS, the Planning Commission does find that the provisions for design and improvements of this tentative map are consistent with the General Plan of the City of Carlsbad, and; WHEREAS, the Planning Commission is recommending Park-In-Lieu fees rather than the dedication of park land, for the following reasons: 1. Although the adopted General Plan designates that area along the southerly subdivision boundary as "Parks, semi- public, Open Space" the area of the proposed subdivision Is clearly outside of that designation. 2. The topography, geology, access and location of any available land in this subdivision would not be approporate for park purposes. * 3. The existing park site in Laguna Riviera will serve this subdivision. More appropriate lands for community needs are located south of proposed Kelly Drive, currently under County jurisdiction. \ 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 approval to the City Council of the City of Carlsbad, the herein described Tentative Map (CT 73-45) subject to the fulfillment of the following conditions: 1. Park-In-Lieu fees shall be granted to the City 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 characteristic of adjacent properties. 3. Prior to consideration of this request by the City Council, the applicant shall submit to the Planning Director proof of compliance with the City Council School Policy. 4. 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. 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 encumbrances. Improve- ment plans for water and sewer system shall meet the require- ' ments of the respective service districts. 6. All drainage and grading plans shall be "-approved by the City Engineer. 7. All utilities, including provisions for Cable TV shall be placed underground and/or shall be completely concealed from view. 8. 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 in- corporation of the subdivision into a maintenance district. 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 subdivision -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. -2- V" 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 11. 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,11 and they shall certify that they have investigated the site and prepared data with full consideration of the con- sequences to the included and neighboring properties. 12. All cut and fill slopes shall be rounded and be approved by the City Engineer prior to issuance of building permits. All slopes shall be hydramulched, or equivalent, immediately after the grading of said slopes takes place. 13. The applicant shall dedicate 10 foot tree planting and public utility easements along the public right-of-way of Vista Loma and Vista Marina. 14. Publically ma tftta-ined'off site sewer., water and storm drain facilities within steep slopes shall be graded to substantiate a passable vehicular access where it is necessary at applicant's expense and as approved by the City Engineer. 15. 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 23rd day of October, 1973, by the following vote, to wit: AYES: Commissioners Casler, Wrench, Little and Forman NOES: None ABSENT: Commissioners Dominguez, Jose and Palmateer MARY CASLER, Chairman Pro Tempore ATTEST: DONALD A. AGATEP, Secretary -3- x v^ PLANNING COMMISSION RESOLUTION MO. 981 l! 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 RECOMMENDING TO THE CITY COUNCIL, ADOPTION OF A CHANGE OF ZONE REQUEST (ZC-137) FROM P-C (PLANNED COMMUNITY) TO R-l (SINGLE FAMILY RESIDENTIAL), ON PROPERTY GENERALLY LOCATED ON BOTH SIDES OF PARK DRIVE (EXTENDED) AND SOUTHERLY OF EL CAMINO REAL, TO BE KNOWN AS LOMA LAGUNA NO. 2. WHEREAS, the Planning Commission did, on the 23rd day of October, 1973, hold a duly noticed Public Hearing to consider a change of zone from P-C (Planned Community] to R-l (Single Family Residential) on 21.7 acres of land generally located on both sides of Park Drive (extended) and southerly of El Camino Real, to permit the development of a 61 lot subdivision. Said property is further described as: A portion of Lot I, Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California, WHEREAS, said application has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972" and has been determined to have an insignificant impact on the environment; and, WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, satd Commission did find the following facts and reasons to exist which make the approval of a change of zone necessary to carry out the provisions and general purpose of Title 21: 1. R-l zoning would permit development that would be consistent with existing, surrounding developments. 2. R-l zoning would permit development that would be consistent with the recommendations of the General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, that it does hereby recommend approval to the City Council the adoption of an amendment to Title 21 for a change of zone from P-C to R-l, on subject property. XX * XX XX J. 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of 2 Carlsbad Planning Commission, held on the 23rd day of October, 1973, by the 3 following vote, to wit; 4 AYES: Commissioned Casler, Forman, Wrench and Little. 5 NOES: None ABSENT: Commissioners Dominguez, Jose and Palmateer. 7 8 9 10 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 MARY CASLER, Chairman Pro Tempore 12 ATTEST: 14 15 16 DONALD A", AGATEP, Secretary -2- «to- ,;-..«•'*-•*»*''V. 0 o<to CO >. £ CJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 | 15 !1 16 •i 17 'S 18 I 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 3252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ANNOUNCING FINDINGS AND DECISION ON A CHANGE OF ZONE f&n&W FROM P-C (PLANNED COMMUNITY) TO R^T (SINGLE FAMILY RESIDENTIAL), ON PROPERTY GENERALLY LOCATED ON BOTH SIDES OF PARK DRIVE (EXTENDED) AND SOUTHERLY OF EL CAMINO REAL, TO BE KNOWN AS LOMA LAGUNA NO. 2. WHEREAS, on the 23rd day of October, 1973, a duly advertised public hearing was held before the Planning Commission to con- sider a request for a Change of Zone from P-C (Planned Community) to R-l (Single Family Residential) on 21.7 acres of land gener- ally located on both sides of Park Drive (extended) and souther- ly of El Camino Real, to permit the development of a 61-lot sub- division. Said property is more particularly described as: A portion of Lot 1, Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California, WHEREAS, at the conclusion of said hearing, the Planning Commission of the City of Carlsbad adopted Resolution No. 981 recommending said zone change which is herewith referred to and made a part hereof; and WHEREAS, on November 7. , 1973^ the City Council held a public hearing on the matter, received all recommendations and heard all persons interested in or opposed to the proposed change of zone; and WHEREAS, said application has complied with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 and has been determined to have an insignificant impact on the environment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission contained in the aforementioned Resolution No. 981 constitute the findings Q m 2cc O O to 0 1 2 •3 4 5 6 7 8 .9 10 11 12 13 14 15 og 3 | 16 5 n * ^ 17O -^ -J U. i Z%%2 18 | 19 20 21 22 23 24 25 26 27 28 29 30 31 32 of the Carlsbad City Council. 3. That the approval of the proposed change of zone clas- sification is necessary to carry out the general purpose of Title 21 of the Municipal Code. 4. That the City Council of the City of Carlsbad intends to adopt an ordinance to effectuate the proposed change of zone. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 7th day of November , 1973, by the following vote, to wit: AYES: Cmn. Dunne, McComas, Lewis, and Frazee. ... NOES: None. Abstain: Councilman Chase DAVID M. DUNNE, Mayor ATTEST: MARGARET E. ADAMS, City Clerk (Seal) -2- RESOLUTION NO. 3253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS SUBDIVISION ON PROPERTY GENERALLY LOCATED ON BOTH SIDES OF PARK DRIVE (EXTENDED) AND SOUTHERLY OF EL CAMINO REAL, TO BE KNOWN AS LOMA LAGUNA NO. 2. APPLICANT: W. ALLAN KELLY. TENTATIVE MAP (73-45) THE DEVELOPMENT OF A 61-LOT WHEREAS, on the 23rd day of October, 1973, the Carlsbad City Planning Commission adopted Resolution No. 980, recommending to the City Council that Tentative Map (73-45) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on the 7th day of November , 1973, considered the recommendation of the Planning Commission; and WHEREAS, said Tentative Map has complied with the require- ments of the City of Carlsbad Environmental Protection Ordinance of 1972 and has been declared to have an insignificant impact on the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: A. That the above recitations are true and correct. 9. That Tentative Map (73-45) is hereby approved, subject to the execution and/or fulfillment of the following conditions: 1. Park-in-Lieu fees shall be ranted to the City prior to approval of the Final iap. 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 re- quirements, limitations and restrictions of all munici- pal ordinances and State and Federal statutes now in force, or which hereafter may be in force for the pur- pose of preserving the residential characteristics of adjacent properties. 3. 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 // // // 4. All public improvements shall be made in conform- ity 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 encumbrances. Improvement plans for water and sewer system shall meet the requirements of the respec- tive service districts. 5. All drainage and grading plans shall be approved by the City Engineer. 6. All utilities, including provisions for Cable TV, shall be placed underground and/or shall be completely concealed from view. 7. 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 subdi- vision into a maintenance district. 8. Complete plans and specifications shall be sub- mitted as required for checking and approval, before construction of any improvements is commenced. The sub- divider shall submit the original drawings revised to reflect as-built conditions prior to acceptance of the subdivision improvements by the City. 9. All land and/or easements required by this Resolu- tion shall be granted to the City of Carlsbad without cost to the City, and free of all liens and encumbrances 10. 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 ex- perienced 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 con- sideration of the consequences to the included and neighboring properties. 11. All cut and fill slopes shall be rounded and be approved by the City Engineer prior to issuance of building permits. All slopes shall be hydramulched, or equivalent, immediately after the grading of said slopes takes place. 12. The applicant shall dedicate 10-foot tree planting and public utility easements along the public right-of- way of Vista Loma and Vista Marina. 13. Publicly maintained offsite sewer, water and storm drain facilities within steep slgpesshall be graded to substantiate a passable vehicular access where it is necessary at applicant’s expense and as approved by the Ci ty Engi neer. // -2- 14. 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 ap- proved by the Planning Director prior to recordation of the Final Map. C. That said Tentative Map together with the provisions for its design and improvement and subject to the above conditions is consistent with all applicable general and specific plans of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 7th day of November Y 1973, by the following vote, to wit: AYES: Councilmen Dunne, McComas, Lewis and Frazee. NOES: None. ABSENT: None. ABSTAIN: Councilman Chase. ATTEST : n J -3- ^< -a ; fo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15±0 16 SS 17-vls Z £ 8 0. TOLJJ •£ CN rf J.W0 £ " S c 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 9369 AM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTING A CHANGE OF ZONE FROM P-C (PLANNED COMMUNITY) TO R-l (SINGLE FAMILY RESIDENTIAL) ON 21.7 ACRES OF LAND GENERALLY LOCATED ON BOTH SIDES OF PARK DRIVE (EXTENDED) AND SOUTHERLY OF EL CAMINO REAL, TO BE KNOWN AS IQMA y^UNA NO. 2. The City 'Council of the City of Carlsbad, California, does ordain as follows: SECTION 1. The following described real property is granted a change of zone from P-C (PLANNED COMMUNITY) to R-l (SINGLE FAMILY RESIDENTIAL): A portion of Lot 1, Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California. EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption and the City Clerk shall certify to the adoption of this ordinance and cause it to be'published at least once in the Carlsbad Journal within fifteen (15) days after itsadoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 7th day of November , 1973, and thereafter PASSED AND ADOPTED at an adjourned meeting of said City Council held on the 21st day of November, 1973, by the following vote, to wit: AYES: Councilmen Dunne, McComas , Lewis and Frazee. NOES: None. ABSENT: None. ABSTAINED: Councilman Chase. DAVID M. DUNNE, Mayor Attest: MARGARET E. ADAMS, City Clerk (Seal)