HomeMy WebLinkAbout1974-02-05; City Council; 2091-1; Consideration of amendment condition no.13-THE CITY OF CARLSBAD, CALIFORNIA ;/^' <£ A ^/^
Agchda Bill ^o.^^J/ -+/U^^L^JU^ / Date February 5, 1974
Referred .To: CITY COUNCIL <^ 7/ -- ^ -.._. '' ,., -:
Subject: Consideration of a request for Amendment of Submitted By:
Condition No. 13 on City Council Resolution No. 3178'for
( ' CT 73-8, submitted by.DOUGLASS PACIFIC SOUTHWEST -CORPORATION
• " Statement of the Matter
' At their regularly scheduled meeting of January 8, 1974, the Planning Commission did
consider a request to amend Condition No. 13 of City Council Resolution .No.. 3178, - -
to permit the construction of Tamarack Avenue to be completed in two phases. After
reviewing the information provided and accepting the testimony of the applicant, the
Planning Commission does recommend that the City Council NOT approve ;the requested
• amendment. The feeling of the Planning Commission seems-to be.that,-unless Tamarack
• is~installed as a part of the first phase, the City would have no guarantee that the
total extension would occur if the project were not completed.
Exhibit . • • ...
1. Planning Department. Staff-Report.
•2. Letter from F. K. Musser- for Douglass Pacific Southwest Corp..
3. City Council Resolution No. 3178
4. Planning Commission Resolution-No. 1026 ' ,..••.'_
. 5. Resolution No. 3358 . -
Staff Recommendat ions to City Manager .
Staff recommends that the City Council uphold the Planning Commission', and DEJW the
requested amendment. f • •' -.' • •
Cj't'y Manager's Recommendation • . •
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The basic question in this matter is whether Tamarack Avenue . -•
_within the confines of this development, should be^ developed
. • in one or two -phases." The original staff report and Council
resolution requires that Tamarack be completed.for the entire
. development with the first phase. The developer is requesting •
that he be allpwed to improve only that portion .of Tamarack that
terminates at the boundary, of Phasfi-'l. The Planning Commission
. .and staff have recommended denial of this amendment. If the .
Council upholds the. Planning Commission and staff ,* the Council
'should deny ^he request for amendment to Resolution No.- 3178.
which approved^the map, . CT'73-8.-- If the Council "grants the
deveJ-oper's request, the Council should'.direct the City Attorney
. * -to prepare a resolution amending Resolution 3178 allowing Tamarack
"Avenue to be-developed in-.phases. - '
.-.-. . _. i" . _ • •
2-19-74 'It is recommenced that in accordance- wi-th .the action.by the "City-
: "Council at the -'February 5, 1974 Council meeting, the Council adopt
"•-. the resolution. . • - -
Covnci1'Action ' • .•*" ••'-•"-'-''-•' LI... — — -i. * . ' *
.2-5-74 Request for amendment to condition #13 of Res*. 3178-approved
'City Attorney to dr'aft -documents.
2-19-74 Resolution No. 3358 was adopted. • .
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RESOLUTION MO. 3358
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
RESOLUTION NO. 3178 WHICH APPROVED
TENTATIVE MAP CT 73-8 TO ACCOMMODATE THE
PHASED DEVELOPMENT OF TAMARACK AVENUE
SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, the City Council of the City of Carlsbad, Cali-
fornia, at their meeting of August 7, 1973 approved Tentative Map
CT 73-8 for a 331-unit development on property generally located
on the westerly side of and adjacent to El Camino Real approxi-
mately 200 feet northerly of the intersection of Kelly Drive and
El Camino Real to be known as Carlsbad Palisades; and
WHEREAS, said map was approved by Resolution No. 3178
subject to some 21 conditions; and
WHEREAS, the applicant has applied for a modification of
condition No. 13 of said resolution in regard to Tamarack Avenue
which the Council has determined to be in the public interest to
grant; and
WHEREAS, the granting of said request does not involve any
environmental considerations not previously covered in the Environ-
mental Impact Report which was approved for this project;
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 Resolution No. 3187 is hereby amended by the
amendment of condition No. 13 thereto regarding the improvement
of Tamarack Avenue which shall read as follows:
"13. Construction of full improvements on Tamarack
Avenue for a distance of approximately 700 feet from the centerline
of El Camino Real shall be included in the first phase of develop-
ment. The balance of the full improvements on Tamarack Avenue
are to be constructed with the second phase of development. The
full right-of-way of Tamarack Avenue from El Camino Real to
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Skyline Drive shall be offered for dedication or deeded to the
City, together with construction slope easements as required by
the City Engineer, all prior to the approval of the Final Map
for the first phase of development. Emergency road access, shall
be provided to the first phase of development as approved by the
Fire Chief and the City Engineer."
3. 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 19th day of February 'f 3.974,
by the following vote, to wit:
AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: None-
^ DAVID M. DUNNE, Mayor
ATTEST:
MARQfARB^ E. ADAMS, C^ty
(SEAL)
2.
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PLANNING COMMISSION RESOLUTION NO. K126_
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD RECOMMENDING TO THE CITY COUNCIL THAT
THE REQUESTED AMENDMENT OF CONDITION NO. 3 OF CITY
COUNCIL RESOLUTION NO. 3178, CASE NO. CT 73-8 BE DENIED
WHEREAS, on January 8, 1974, the Planning Commission did con-
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sider a requested Amendment of Condition No. 13 of City Council Re-
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solution Mo. 3178 to change said Condition from "The full improve-
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ment of Tamarack Avenue (Birch Avenue extended) shall be included
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rack Avenue for a distance of approximately 700 feet from the cen-
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ter line of El Camino Real shall be included in the first track of
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development of 116 townhouse units. The balance of the full im-
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provements on Tamarack are to be included in the second tract of
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171 townhouse units and 36 detached single family residences. The
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full right of way of Tamarack Avenue from El Camino Real to Skyline
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Drive shall be dedicated to the City prior to the commencement of
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construction of the first tract"; and
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! WHEREAS, the Planning Commission, after reviewing the re-
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quested Amendment, does believe said Amendment is not appropriate
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for the following reasons:
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1. Full improvement of Tamarack is necessary to provide
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the first phase of development with adequate access and circulation
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2. City Policy and good planning practice indicate that
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such road improvements be made prior to any occupancy.23;
3. The Planning Commission and City Council attached
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this condition as written to guarantee that good access would be
provided to any development. In addition, it was felt that a major
circulation problem could be eliminated as easily as possible if
Tamarack Avenue were extended with the first phase of development;
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Carlsbad that it does recommend to the City Council
that, the requested Amendment of Condition No. 13 of City Council
Res. No. 3178 BE DENIED for the reasons stated above.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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2i Planning Commission of the City of Carlsbad, California, held on
3 the 8th day of January , 1974, by the following vote, to wit:
AYES: Commissioners Dominguaz, Jose, Forman, Casler & Wrench
5 NOES: Commissioner Little
6 ABSENT:Commissioner Palmateer
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E. W. DOMINGUEZ, Chairman"
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ATTEST:
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13 DONALD A AGATEP, Secretary
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CITY OF CARLSBAD
..PLANNING DEPARTMENT '
STAFF REPORT FOR
JANUARY 8, 1974
TO: PLANNING COMMISSION
REPORT ON: 'AMENDMENT TO AN APPROVED TENTATIVE MAP
CASE NO: CT 73-8
APPLICANT: DOUGLAS PACIFIC SOUTHWEST CORPORATION
P.O. Box 1114
Carlsbad, Ca. 92008
!• GENERAL INFORMATION
A- Reguest: That condition #13 of the approved Tentative
Map CT 73-8 be rewritten to allow improvements to Tamarack Avenue
to be concurrent with development phase.
B< Background: The Tentative Map and Specific Plan. for. CT
73-8 (Carlsbad Palisades) was approved by the City Council on Aug-
ust 7, 1973. On December 20, the applicant submitted a request
that condition #13 which reads "The full improvement of Tamarack
Avenue (Birch Avenue extended) shall be included in the first phase
of development" be rewritten to read:
Full improvements on Tamarack Avenue for a distance of
approximately 700 feet from the center line of El Cami-
no Real shall be included in the first tract of develop-
ment of 116 town house units. The balance of the full
improvements on Tamarack are to be included in the se-
cond tract of 171 townhouse units and 36 detached single
family residences. The full right of way of Tamarack
Avenue from El Camirio Real to Skyline Drive shall'be
dedicated to the City prior to the commencement of con-
struction of the first tract.
11 • STAFF RECOMMENDATION ON THE PROPOSED AMENDMENT TO CT 73-8
Staff recommends that the Planning Commission move to recom-
mend to the City Council that the request to amend CT 73-8 be de-
nied. Justification is based on:
1. Full improvement of Tamarack is necessary to pro-
vide the first phase of development with adequate access and circu-
lation.
2. City policy and good planning practice indicate
that such road improvements be made prior to any occupancy.
3. The Planning Commission and City Council attached
this condition as written to guarantee that good access would be
provided to any development. In addition, it was felt that a ma-
jor circulation problem could be eliminated as easily as possible
if Tamarack Avenue were extended with the first phase of develop-
ment. ' . . "
r* f-^TT f~> V A r>r» A jorTMTif CJO.T TT'TIY<.r/"^7C1'T< -«- JiT) T»OT? / I1J U U C_-rL Abd - rsx*i £11- oU U 1 rj. v/ j&5 I , Jlir Oil AI
P.O. Box 1114 Carlsbad, California 92008 (714) 493-2231
December 20, 1973
Mr. Paul Williams
Planning Director . •
City of Carlsbad
1200 Elm Avenue
Carlsbad, California
Dear Mr. Williams:
Pursuant to our meeting with Mr. Tim Flanagan and yourself on
December 17, 1973 and in reference to Planning Commission Reso-
lution 7J/929 and City Council Resolution #3178, we respectfully
submit the following amendment for your consideration aitd rec-
ommendation for approval.
We request that Item 13 of the aforementioned resolutions be re-
written and adopted as follows:
Full improvements on Tamarack Avenue for a distance of
approximately 700 feet from the center line of El Camino
Real shall be included in the first tract of development
of 116 townhouse units. The balance of the full improve-
ments on Tamarack Avenue to be included in the second
'tract of 171 townhouse units and 36 detached single family
residences. The full right-of-way of Tamarack Avenue from
El Camino to Skyline Drive shall be dedicated to the City
prior to the commencement of construction of the first
tract.
The foregoing amendment to the resolutions is necessary if our firm
is to proceed with this project. Our lender, who will supply the
construction financing on this project, as well as others who have
contacted us soliciting the financing, have all categorically re-
fused to fund the entire cost of the full improvements with the
first increment of housing units. They require that the second
increment of the construction loan include the balance of the sub-
division improvement costs.
It should be noted that this situation has recently developed, and
that we have previously submitted our grading and improvement plans
to the City in good faith, based on the approved Specific Plan for
totally improving Tamarack Avenue in the initial phase. However,
the lender's have absolutely refused to fund on that basis.
Page 2
December 20, 1973
It is our earnest desire to proceed with Carlsbad Palisades but we
necessarily must amend this particular item in our Tentative Map
Resolution in order to obtain the requisite financing. Full length
dedication of. the road as worded in the foregoing amendment protects
the City and assures legal access and precise alignment and design
per City specifications.
We feel strongly that our project will be a major asset to the City
of Carlsbad and respectfully request you recommend an expeditious .
approval of the foregoing amendment by the Planning Commission and
the City Council.
• Sincerely,
HJGLASS PACIFIC SOUTHWEST CORPORATION
Frederick K. Musser
President .
FKM/awb
Enclosure: Tract Map
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^I QRAH PA I q-\ a^i L. O LJ /-l L/ I»M L. a
COr/.r."L'?JiTY DEVeLOPK:i:KT OF THE
pACinc SOUTHWEST CORPORATION
1 RESOLUTION NO. 3173'
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A RESOLUTION OF THE
CITY OF CARLSBAD, C
TENTATIVE MAP (CT 7
DEVELOPMENT OF 331
GENERALLY LOCATED 0
OF-AND ADJACENT TO
APPROXIMATELY 200 F
INTERSECTION OF KEL
REAL, CONSISTING OF
SAID DEVELOPMENT IS
PALISADES".
CITY COUNCIL OF THE
ALIFORNIA, APPROVING .
3-8) PERMITTING
UNITS ON PROPERTY
M THE WESTERLY SIDE
EL CAM I NO REAL,
EET NORTHERLY OF THE
LY DRIVE AND EL CAM I MO
•APPROXIMATELY 63 ACRES.
TO BE KNOWN AS "CARLSBAD
WHEREAS, on the 10th day of July, 1973, the Carlsbad
City Planning Commission adopted Resolution NQ. 929, recommending
to the City Council that Tentative Map (CT 73-8) be
conditionally approved; and
•WHEREAS, the City Council of the City of Carlsbad, on
the 7th day of August , 1973, considered the
recommendation of the Planning Commission; and
WHEREAS,said Tentative Map has complied with the
requirements of the "City of Carlsbad Environmental Protection
Ordinance of 1972" and an Environmental Impact Report was
presented and discussed at a duly noticed public hearing held'
by the Planning Commission and the City Council and was
approved as presented;
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.
B. That Tentative Map (CT 73-8} is hereby approved,
subject to the execution and/or fulfillment of the foil owing
conditions:
1. Prior to any construction, the applicant
shall submit plans to ths'appropriate
entity providing domastic water to the
proposed dav?1 com ent, for its approval
u': tin: location, type ar.u adeauacy of
wat':r lin^s, and to this Fire Department
i" o r o. o o r o v a ] of t h o 1 o c a 11 o n o f f i r e h y d r a n t z .
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5.
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Prior to any construct! on , .the applicant
shall submit a grading and drainage plan
to the City Engineer for his consideration
and approval .
All fire protection appurtenances -shall be
constructed in accordance with C.ity Fire
Department 'requirements.
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.
The applicant shall install a fully
actuated traffic signal at the intersection .,
of Tamarack Avenue and El Camino Real, with
reimbursement as possible. A Future
Agreement may be submitted as an alternative.
The applicant shall install the remaining
full half-street improvements on El Camino
Real (1061 curb to curb) adjacent to the
subdivision, including but not limited to
curb and gutter, sidewalk and paving.
Tamarack Avenue shall be installed as shown
on the Tentative Map.
Street names shall be subject to the approval
of the City Planning Department.
Tamarack Avenue shall have an 84 ft. right-
of-way and shall fae extended to Skyline
Drive, with 52 ft. of pavement and full public
improvements. Offsite, the improvements shall
be installed within the existing right-of-way
in a manner acceptable to the City Engineer.
Developer shall pay 50% of the cost of a
two inch A,C. overlay on Birch Avenue
between Skyline Drive and Sunnyhill Drive.
Adequate parking space, subject to the
approval of the Planning Director, shall
ba provided for t h a Park and Recreational
areas.
Park-In-Lieu fees shall be granted to the
City prior to recording the Final Map.
The full improvement of Tamarack 'Avenue
(Birch Avenue extended) shall .be included
in the first phase of development.
The development of the property described
h e r e i n shall be subject to the restrictions
a r. d 1 i n i L ?. t i o r, s set f o - t !i h .1 c o i n ;•/ h i c h a r a
in addition to all tha r^qu ; ~ -r^n t.3 ,
limitations aid res tr i ~ti on; of all
fn u n i c ; p a 1 a r c! r. a n c e r» c n d S c :.: '~. ?. a n d Federal
statuses now r, force, or which, her oaf tar
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15.
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forcemay oe in
t h a r a s i d e n t i d
properties.
T o r ins purpose,
characteristics
or preserving
of adjacant
The C.C. & R's for this development shall be
submittsd to the Planning Director for review
and approval prior to the issuance of any
building permits.
Al1 public
conformi ty'
Design C r i t
Subdivision
to the sati
and without
and free of
Improvement
shall meet
service dis
improv
to the
eri a a
Ordi n
sfacti
cost
all 1
pl ans
the re
t r i c t s
events shall be made in
City of Carlsbad Engineering
nd Standard Plans, t h a
ance and other City Standards
on of the City Engineer,
no the City of Carlsbad,
ians and encumbrances.
for water and sewer system
quirements of the respective
All private driveways, which do not loop,
shall be provided with turn-arounds in a
manner acceptable to the City Fire Chief.
The Developer is encouraged to work with
the Carlsbad Unified School District to
provide for future school requirements that
will result from the proposed development.
If requested by the City Engineer, an
amended Tentative Map shall be submitted
for approval by the City Engineer prior
to preparation of the Final Hap to assure
compliance to all conditions of approval.
All utilities, including provisions for
cable TV shall be placed underground and/or
shall be completely concealed from view.
During the course of construction all access
to the subject property shall be taken
from EV Camino Real.
C. That said Tentative Map together with the provisions
or 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 August
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1973, by the following vote, to wit:
AYES: Councilman Dunne, McCornas, Lewis, Chase and Fraz
NOE.S: None. :
ABSENT: None.
DAVID i'!, U U N i'l E, M a y o r
ATTEST:
RMfcARET E. ADAMS, City Clerk
(seal)