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HomeMy WebLinkAbout1974-05-21; City Council; 3091; Amendment to City Council Ordinance 9302E CITY /***" OF C A R L ~S B A D,*"" CALIFORNIAW ' . wxr>* \ Agenda Bill No. +3C/ // Date: May 21, 1974 Referred To: Subject: - Submitted By: Amendment to City Council Ordinance 9302 - Specific Plan Ho. 22. Applicant: Pacifica Western Development PLANNING COMMISSION Corporation. 'S t a tement o f the Matter Th« Planning Commission, at its regularly scheduled meeting of April 23, 1974, considered an amendment to City Council Ordinance 9302, a Specific Plan for 2.46 acres on the northwest corner of Tamarack and Jefferson Street. The applicant is reducing the number of dwelling units allowed by Ordinance 9302 (60 units) to 50 dwelling units, plus, redesigning the site as outlined in Exhibit B. dated April 11, 1974. All of the Ordinances and Policies of the City of Carlsbad have been met. Exhibit 1. Planning Commission Resolution No. 1061 2: Exhibit B. (Map) 3. Staff Report dated April 23, 1974 4. Resolution No. *&/£}_ regarding Specific Plan (SP-22) , 5. Ordinance No. 9&9O repealing Ord. No. 9302 adopting Specific Plan(SP-22 6-5-74 6. Letter from Cortez Development Company dated 5-28-74. staff Recommendations to the City Manager: Staff recommends that City Council amend Ordinance 9302 as outlined in Planning Commission Resolution No. 1061. A'B N°\ Date.- May 21, 1974 City Manager's Recommendation Concur with staff recommendation. 6-5-74 With this agenda bill you have received a letter from Cortez Development Company dated May 28, 1974 requesting that the original Specific Plan on this property, adopted as Ordinance No. 9303, be kept in effect. This would be accomplished by not proceeding with the second reading of No. 9390, the first reading of which was held at the May 21, 1974 Council meeting during the public hearings. At this time the Council agreed that the new Specific Plan was an improvement. It is true that the request was originated by the applicant, but the change also had staff support because it was an improved plan. It is my recommendation that you hold the second reading confirming the new Specific Plan. If, at a later date, the applicant wishes to go back to the original Specific Plan or to another Specific Plan, he can make proper application and through the proper public hearings, seek to have it changed. Council'Action 5-21-74 The amendment to the Specific Plan was approved and Resolution No. 3421 was adopted announcing findings and decision. Ordinance No. 9390 was introduced and given a first Dreading with the addition of condition #19, requiring participation by the developer of a traffic signal. 6-5-74 Ordinance No. 9390 was given a second reading and adopted. -2- w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 •22 23 24 25 26 27 28 29 30 31 32 .1 PLANNING COMMISSION RESOLUTION NO. 1061 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, ANNOUNCING FINDINGS AND RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF AN AMENDMENT TO CITY COUNCIL ORDINANCE NO. 9302, SPECIFIC PLAN NO. 22, FOR PROPERTY GENERALLY LOCATED AT TAMARACK AVENUE AND JEFFERSON STREET. APPLICANT: PACIFICA WESTERN DEVELOPMENT CORPORATION WHEREAS, a duly advertised public hearing was held on April 23, 1974 before the Planning Commission of the City of Carlsbad, to consider adoption of an Amended Specific Plan No. 22, to allow for the development of a 50 unit condominium complex (in lieu of original Specific Plan dated May 2, 1972 calling for 60 units), on property generally located at the northwest corner of the intersection of Tamarack Avenue and Jefferson Street and more particularly described as: That portion of tract 231 of Thum Lands, in the City of Carlsbad, California, according to Map thereof No. 1681, filed in the office of the County Recorder of San Diego County* Dec. 9, 1915. WHEREAS, said application has met the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 and has been declared to have a Non-Significant impact on the environment; and, WHEREAS, at said public hearings, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission did find the following facts and reasons to exist which make the granting of an application for adoption of an amendment to a Specific Plan (SP-22) necessary to carry out the provisions and general purpose of Title 21 of the Carlsbad Municipal Code: 1. The amended Specific Plan, marked Exhibit "B", is a substantial improvement over the original design in terms of compatibility to existing and proposed uses in the area. 2. The Amended Specific Plan provides greater open space and recreational amenities for potential occupants. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, that it does recommend to the City Council, adoption of an amended specific plan (City Council Ordinance 9302), on said property according to the following conditions and limitations: GENERAL CONDITIONS: A. The development of the property described in Section 1 hereof shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations and restrictions 7 26 of all municipal ordinances and State and Federal statutes now in fore e, or which hereafter may be in force for the purpose of preserving the residential characteristics of adjacent properties. B. All public improvements shall be made in conformity with 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. C. 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. 8 PRIVATE DEVELOPMENT CONDITIONS: The following conditions shall apply with respect to the development of said Specific Plan: A. That a maximum of 50 units be developed as shown on Specific Plan, 10 Exhibit "B", 11 B. That the applicant must comply with the City of Carlsbad Parks or Fee in Lieu of Dedication, and City of Carlsbad Ordinance No. 9190. 12 C. The proposed handball courts indicated on Exhibit B, will be replaced 13 by tot-lots. D. That all parking facilities shall be functional and within easy access to their respective units. Revision shall be subject to approval of the Planning Director. E. That a landscape and sprinkler plan shall be submitted to the Parks and Recreation Director for approval. 17 F. That the design of the facility (building and parking)shall be 18 subject to Planning Department approval. G. That a block wall shall be constructed along the northerly property line adjoining the Jefferson Street School site. H. That satisfactory emergency access or fire hydrants to portions of 'the development shall be approved by the City of Carlsbad Fire Department. I. That the type and location of fire hydrants for the development shall be approved by the City Engineer. J. The applicant shall file a parcel map in accordance with the State24 Map Act. K. Necessary right-of-way on Tamarack Avenue (34') shall be dedicated to the City of Carlsbad for street widening purposes. L. Full street improvements to the center line shall be constructed27 in accordance with the City of Carlsbad subdivision ordinance or as modified by City Council policy including ornamental street lights,28 which shall be subject to the approval of the City Engineer. 29 M. All utilities, including relocation of existing utilities, shall be placed underground. N. Water shall be provided by the City of Carlsbad,ox 32 •**"*• 3 5 7 0. The applicant shall install an 8" VCP sewer along the Tamarack frontage of the property parallel to the existing 6' line or deposit funds with the City of Carlsbad to upgrade the line at a future date. P. Ingress and egress to the development shall be limited to one point on Jefferson and one point on Tamarack Avenue. 4 ° scheduled meeting held on the 23rd day of April, 1974, by the following vote, 9 to wit; 17 18 19 20 21 ABSENT: None 13 14 15 16 AND FINALLY BE IT RESOLVED that a copy of this Resolution be forwarded to the City Council for its attention in the manner prescribed by law. PASSED, APPROVED AND ADOPTED by the Planning Commission at a regularly AYES: Commissioners Casler, Little, Jose, Forman, Barrett, Wrench & NOES: None 12 nn Dominguez. 11 MARY CASLER, Chairwoman ATTEST: DONALD A. AGATEP, Secretary 22 23 24 25 26 27 28 29 30 31 32 o TO: REPORT ON: .CASE NO.,: APPLICANT: II. CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT April 23, 1974 PLANNING COMMISSION CONSIDERATION OF AMENDMENT OF APPROVAL SPECIFIC PLAN SP-22 PACIFICA WESTERN DEVELOPMENT CORP. 18344 OXNARD STREET TARZANA, CA. 91256 REQUEST: That the Planning Commission approve an Amendment to an approved Specific Plan to accomplish the following: 1. Reduce the number of units from 60 to 50. 2. To change building locations,to reduce the number of buildings,and to orient the units around two proposed recreation areas. 3. To utilize garages in lieu of the previously approved carports. STAFF RECOMMENDATION: That it be moved that the Planning Commission recommend to the City Council that the specific plan revision BE APPROVED by the adoption of an Ordinance 9302,Amending City as follows: Council Ordinance No dated May 2, 1972 1 Section 2 General Conditions Section 2 General marked Exhibit B, Concept", is subject and restrictions: (Conditions be revised to read: Conditions: The Specific Plan, attached hereto, entitled "Carlsbad to the following conditions remain unchanged). Section 3 Private Development CONDITIONS be revised C, adding a new condition C read: by deleting condition and modifying condition A to A.That a maximum Specific Plan, of 50 units Exhibit "B" be developed as shown on the C.The proposed 8' high fence and wall are approved, provided that said fence and wall shall be setback at least 3 ft. from any dwelling unit. (All other conditions remain unchanged) Justification is based upon the substantial improvBnent of the design of the project which makes the development more com- patible to existing and proposed uses in the area. In addition, the new design does provide greater open space and recreational amenities for the potential occupants of the development. o III. BACKGROUND A- Location - Northwest corner of the intersection of Tamarack Avenue and Jefferson Street.i B. Size - 2.46 Acres C. Number of Units - 50 D. Density - 20.3 D.U. per acre E. No. of Bedrooms - 90 Bedrooms F. Type of Units - 1046 sq. ft., two-story, 2 bedroom units-40 554 sq. ft., over garage - 1 " units-10 TOTAL 50 6. E.I.R. Finding - The Planning Department had previously considered this project non-significant and this amendment, would have prior compliance. H. Zoning - On-site - RD-M Adjacent - North - L-C (school site) East - C-l (S.P.) South - R-l West - R-l I. GENERAL PLAN: The General Plan Commitment for the subject property is potential medium density resi- dential with from 21-47 families per net acre. J. Compliance To Public Facilities Policy - As a part of a recently processed tentative Map (CT 73-55) on the subject property, a school letter was presented. K. Proposed Parking - 92 garage spaces which exceeds the Ordinance requirements. L. Previous Actions - 1. Rezoning - From R-l to RD-M P.C. Resolution No. 754 (March, 1972) DENIAL C.C. Resolution 1950 (April, 1972) APPROVED C.C. Ordinance No. 9303 (May, 1972) APPROVED 2. Specific Plan - For 60 apartments P.C. Resolution No. 754 (March, 1972) DENIAL C.C. Ordinance No. 9302 (May, 1972) APPROVED 3. Tentative Map - For -55 condominium units P.C. Resolution No. 1028 (Jan., 1972) APPROVED C.C. Ordinance No. 9302 (May, 1972) APPROVED c IV. DISCUSSION OF SPECIFIC ITEMS A. Proposed Recreation Facilities: The recreational facilities are to consist of two swimming pools, two volley ball courts, two handball courts, and private patio areas for all but the one bedroom units. An eight ft. high fence and wall system is proposed around the handball courts. Said fence height does require special action by the Planning Commission pursuant to Section 2146.130 of the Municipal Code. The proximity of the proposed fence and wall to a school site to the north and a vacant lot to the west, and adequate clearance between the proposed courts and the adjacent dwelling units, do indicate to staff that the proposed height increase from 6' to 8' would not im- pose upon the safety and. welfare of the general public. V. ATTACHMENTS 1. Letter dated April 4, 1974 from Pacifica Western Dev. Corp. 2. Ordinance No. 9302 1 2 3 4 5 6 7 8 9 10 11 12 13 o 14 CO Mm 00 2 1 15< en0 <16O u. ^ 55°i| O f > "-1- t < tO .5 -J- Is00 17 z % 8 o n guj <£ oj <-r ^.w7\ re *- -i_ £ - coZ O co O 5 19o 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO, 3421 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ANNOUNCING FINDINGS AND DECISION ON A SPECIFIC PLAN (SP-22) FOR DEVELOPMENT OF A 50-UNIT CONDOMINIUM COMPLEX ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF TAMARACK AVENUE AND JEF- FERSON STREET. APPLICANT: PACIFICA WESTERN DEVELOPMENT CORPORATION WHEREAS, a duly advertised public hearing was held on April 23, 1974, before the Planning Commission to consider adop- tion of a new Specific Plan (SP-22) to allow development of a 50-unit condominium complex on property generally located at the northwest corner of the intersection of Tamarack Avenue and Jeffer- son Street, and more particularly described as: That portion of Tract 231 of Thum Lands, in the City of Carlsbad, California, according to Map thereof No. 1681, filed in the office of the County Recorder of San Diego County December 9, 1915; v and WHEREAS, at the conclusion of said hearing on April 23, 1974, the Planning Commission of the City of Carlsbad adopted Resolution No. 1061 recommending adoption of said plan which is herewith referred to and made a part hereof; and WHEREAS, on the 21st day of May , 1974, the City Council held a duly advertised public hearing on the matter and received all recommendations and heard all persons interested in or opposed to the proposed Specific Plan (SP-22); and WHEREAS, said application has complied with the require- ments of the City of Carlsbad Environmental Protection Ordinance of 1972 and has been declared to have a nonsignificant 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. o i i i 2 3 4 5 6 7 8 9 10 11 12 13 14 <* I 15 16 17 H- > ^ ~z £ g Q- T BUJ Z <N <£ JLO t < t01 — ?li, 0 _ O to > F 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2. That the findings of the Planning Commission as set forth in Planning Commission Resolution No, 1061 constitute the findings of the City Council. . 3. That the approval of the proposed Specific Plan (SP-22) is necessary to carry out the general purpose of Title 21 of the Carlsbad Municipal Code. 4. That the City Council of the City of Carlsbad intends to repeal Ordinance No. 9302 and to adopt an ordinance to effectu- ate the proposed Specific Plan subject to certain conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 21st day of Hay , 1974, by the following vote, to wit: AYES: Councilmen Frazee, Chase, McComas and Lewis NOES: None ABSENT: None ROBERT C. FRAZEE, ATTEST: MARGARET E. ADAMSi City Clerk (SEAL) 2- VINCENT F. BIONDO, JR.TY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 920080 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 ORDINANCE NO. 939° AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA REPEALING ORDINANCE NO. 9302 AND ADOPTING A SPECIFIC PLAN FOR PROPERTY LOCATED AT TAMARACK AVENUE AND JEFFERSON STREET (SP-22) . APPLICANT: PACIFICA WESTERN DEVELOPMENT CORPORATION The City Counci-1 of the City of Carlsbad, California does ordain as follows: SECTION 1: A Specific Plan (SP-22) is hereby adopted for a 50-unit condominium complex on property generally located at the northwest corner of the intersection of Tamarack Avenue and Jeffer- son Street, more particularly described as: That portion of Tract 231 of Thum Lands, in the City of Carlsbad, California, according to Map thereof No. 1681, filed in the office of the County Recorder of San Diego County December 9 , 1915, said plan to consist of a plot plan marked Exhibit B and an appli- cation with attachments on file in the office of the City Planning Department and incorporated by reference herein, subject to all terms and conditions of this ordinance. SECTION 2: Findings. The findings and decision on Specific Plan (SP-22) contained in City Council Resolution No. 3421 and said resolution are incorporated by reference herein. SECTION 3: Development Conditions.- The Specific Plan marked Exhibit B (SP-22) dated April 11, 1974, is approved subject to the following conditions and restrictions and the development of the property, as described in Section 1 hereof, shall be subject to all such conditions and restrictions which are in addition to all requirements, limitations and restrictions of all municipal ordinances and state and federal laws now in force or which may hereafter be in force: 1. All public improvements shall be made in conformity with 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 mv>CO 9:*<"• 8 «,du.^>-O O ENURNIIMS"°Bi0,0 2 W gogi^i O o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2. 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. A maximum of 50 units shall be developed as shown on Specific Plan (SP-22) marked Exhibit B, dated April 11, 1974. 4. Applicant must comply with the City of Carlsbad Parks or Fee in Lieu of Dedication and City of Carlsbad Ordinance No. 9190. 5. The proposed handball courts indicated on Exhibit B will be replaced by tot-lots. 6. All parking facilities shall be functional and within easy access to their respective units. Revision shall be subject to approval of the Planning Director. 7. A landscape and sprinkler plan shall be submitted to the Parks and Recreation Director for approval. 8. The design of the facility (building and parking) shall be subject to Planning Department approval. 9. A block wall shall be constructed along the north- erly property line adjoining the Jefferson Street school site. 10. Satisfactory emergency access or fire hydrants to portions of the development shall be approved by the City of Carlsbad Fire Department. 11. The type and location of fire hydrants for the development shall be approved by the City Engineer. 12. The applicant shall file a parcel map in accord- ance with the State Map Act. 13. Necessary right-of-way on Tamarack Avenue (34 feet) shall be dedicated to the City of Carlsbad for street widening purposes. 14. Full street improvements to the center line shall be constructed in accordance with the City of Carlsbad subdivision ordinance or as modified by City Council policy including ornamental street lights/ which shall be subject to the approval of the City Engineer. 15. All utilities, including relocation of existing utilities, shall be placed underground. 16. Water shall be provided by the City of Carlsbad. 17. The applicant shall install an eight-inch VCP sewer along the Tamarack frontage of the property parallel to the existing six-foot line or deposit funds with the City of Carlsbad to upgrade the line at a future date. 18. Ingress and egress to the development shall be limited to one point on Jefferson and one point on Tamarack Avenue. 2. 1 £ 3 4 5 6 7 8 9 10 11 12 13 14 w 9° cc o 4 g 15 i£2l o £ -z P 0 16 17 i I i g is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 19, The developer shall enter into an .agreement with the City providing for contribution by the developer toward the cost of a fully actuated traffic signal at the inter- section of Tamarack and Jefferson Streets in the amount to be determined by the City Engineer pursuant to such a traffic signal policy as the City Council may adopt, SECTION 4; Administration and Enforcement. The Building Department shall not approve any building for occupancy until the Planning Director has certified that all the conditions of this ordinance have been satisfied. SECTION 5; Ordinance .No. 9302 is repealed. EFFECTIVE DATE; This ordinance shall be effective thirty 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 days after its adoption INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 21 st. day of May / 1974, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the sth daY of .Tune ' -"-974, by the follow- ing vote, to wit: AYES: Cmn. Frazee, Chase, McComas, and Lewis. NOES: None. ABSENT: None. ROBERT C. FRAZEE, Mayor ATTEST: MARGARET E. ADAMS," City Clerkt j~ (SEAL) 3. INVEJPItfNTS PROPERTY DEVELOPERS • LICENSED GE^MMl CONTRACTORS ORTEZ DEVELOPMENT COMPANY 850 E. VISTA WAY - P.O. BOX 1718 VISTA, CALIFORNIA 92083 (Area Code 714) 724-0889 May 28, 1974 Carlsbad City Council City of Carlsbad 1200 Elm Carlsbad, Ca., Gentlemen: In reference to the property that our company owns on the comer of Tamarack and Jefferson Streets, Paclflca Western Development Company from Los Angeles has had the property In escrow since last November. They have just notified our company that due to the excessive high cost of development of this particular piece of ground, they are terminating their escrow. During the period of the escrow, Pacifica Western Development Company had an ordinance approved for a 50 unit condominium project which was adopted May 21, 1973. We do hereby request that this amendment be nullified and the original ordinance No. 9303 be reinstated on the property. Sincerely, kCORTEZ DEVELOPMENT COMPANY MAX 26 1974 cc: City Council City Manager Planning Department