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.
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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
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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.
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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.
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F. That the design of the facility (building and parking)shall be
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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
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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.
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° scheduled meeting held on the 23rd day of April, 1974, by the following vote,
9 to wit;
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ABSENT: None
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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
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nn Dominguez.
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MARY CASLER,
Chairwoman
ATTEST:
DONALD A. AGATEP,
Secretary
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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.
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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
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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.
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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
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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
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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.
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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