Loading...
HomeMy WebLinkAbout1974-08-20; City Council; 2219-1; Request for approval of Specific Plan SP-135 and Tentative Sudivision Map CT 73-23 Applicant - Hester Development Company Occidental Land CoTHE CITY OF' CARL SB AD, C A L I F O R Age-nSa~ fi'll No. 2219 Supplement No. 1 -x Date.- August 20. Referred To.-C1ty Council Subject.-Request for approval of a Specific Plan (SP-135) and submitted By.- Tentative Subdivision Map (CT 73-23) Planning Cojim Applicant: Hester Development Co. (Occidental Land Co.) statement of the Matter: The Planning Commission adopted Resolution No. 994 and 995 recommending approval of the Specific Plan and Tentative Map on November 13, 1973. After numerous continued hearings, the City Council tabled the matter on April 2, 1974. The Council tabled the application to allow the applicant time to comply with the City's Public Facilities Policy. The matter is now properly before the Council and the applicant has complied with all Ordinances and Policies of the City, including the Public Facilities Pol icy. The proposed Specific Plan and Tentative Subdivision Map would permit the development of a 190 Unit Condominium complex on 29.42 acres located between Poinsettia Lane and Camino de las Ondas, easterly of Schuyler Ranch Road (Lowder Lane). The Tentative Map and Specific Plan cover approx. 57 acres of which 29.42 acres are proposed for development and the remaining 27.8 ac. wi. be offered for public dedication. 7.8 acres will be dedicated to the City as part of the proposed Park and Open Space corridor that is being acquired between Palomar Airport Road and the Batiquitos Lagoon. The remaining 20 acres will be dedicated to the Carlsbad Unified School District. Staff is recommending that certain conditions of approval in the Planning Commission Resolutions be revised. Exhibit: 1. Staff Report dated November 13, 1973 2. Planning Commission Resolution No. 994 3. Planning Commission Resolution No. 995 4. Letter from Carlsbad Unified School District dated August 5, 1974 5. Memo to City Manager dated August 12 , 1974 6. Applicant's Exhibit (Map) staff Recommendations to city Manager: Staff recommends that the City Council approve the proposed Specific Plan and Tentative Subdivision Map for reasons and subject to conditions outlined in Planning Commission resolution #994 and #995, with changes as noted. Also, the City Council should direct the City Attorney to prepare the necessary documents. No. Date.- August 20. 1974 City Manager's Recommendation Staff recommends that this should be referred to the City Attorney for preparation of documents approving Specific Plan and Tentative Subdivision Map, including those reasons and subject to those conditions outlined in Planning Commission Resolution No. 994 and 995, with the staff changes as noted in the Agenda Bill report. Concur with staff. Council Act'ion 8-20-74 The Council accepted the recommendations of the staff and the City Attorney was directed to prepare the documents necessary for approval of the Specific Plan and Tentative Map, to include said recommendations and revisions of staff. -2- CITY OF CARLSBAD PLANNING DEPARTMENT ANALYSIS FOR NOVEMBER 13, 1973 TO; PLANNING COMMISSION REPORT Oil: CONSIDERATION OF SPECIFIC PLAN CONSIDERATION OF TENTATIVE MAP CASEMQS; SP-135 CT 73-23 APPLICANT: HESTER DEVELOPMENT COMPANY P.O.Box 215 Corona Del Mar, California, 92625 K. Wassman - Occidental Petroleum and Development Corporation 4201 Birch Street Newport Beach, California I. GENERAL INFORMATION This item was continued from the Planning Commission meeting of September 25, 1973 to permit the applicant to revise the plans to provide for the additional widening of Poinsettia Lane. This revision has occurred. The Planning Commission (4 members) did accept an amendment of an E.I.R. and took no action on the specific plan, and also tabled the tentative map. A. Request: That the Planning Commission approve a Specific Plan and Tentative Map for 190 unit condominium complex on the east one-half of the northwest quarter of S28, T12S, R4W, SB and M, in the City of Carlsbad. B. Background: The subject property containing approximately 57 gross acres, is located at the northeast corner of the intersection of Lowder (Schuyler Ranch Road) and Poinsettia Lanes. The applicant is proposing to develop the approximate 29.42 acre portion of the subject property whieh is located adjacent -to Lowder Lane extending from Poinsettia Lane to Camino De "Las Ondas, extended. The remaining 27.8 acres are to be dedicated to the City of Carlsbad and is to be utilized as follows: a 10 acre school site - elementary a 10 acre school site - 1/2 Jr. High site a 7.8 acre park and public facility site. It should be noted that Occidental Petroleum has already dedicated a 4.0 acre portion-of 27.C aero area. In addition, as a part-of the City's con- sideration of Covington Brothers Development to be located immediately south of the subject site, a 5.7 acre park area was required to be dedicated to the -2- City of Carlsbad. Thus, if the.subject development were approved, the City would have a total of 14.5 acre of park and public facilities and 20 acres of potential school site. This would exceed the Ordinance requirements in terms of parks for the total Occidental Petroleum development. With -egard to previous "actions, the subject property was considered as a. part of the total development of 380 acres which was approved by the Planning Commission Resolution 642 (General Plan, 643 (Change of Zone and Master Plan) dated November 25, 1969, and by City Council Resolution 1671 (Change of Zone and Master Plan), 1670 (General Plan Amendment), and Ordinance 9246 dated January 6, 1970. The general environmental impact report considerations were considered and approved as a part of tentative tract no. 71-2 as EIS;rl36 (known as Casas De Las Poinsettias) by Planning Commission Resolution 843 dated April 24, 1973 and City Council Resolution 3130 dated May 15, 1973. The approved Master Plan did include the park and school sites as indicated in these applications. C. Zoning and General Plan: Zoning: Existing: P-C (M.P. at 10 d.u./acre} Proposed: P-C (M.P., S.P. & T.M.) Adjacent: North - P-C (pending) East - RD-M (8 d.u./acre) South - p-C CM.P., S.P., & T.M. at 5.25 d.u./acrel West - P-C (M.P. at 10 d.u./acre). General Plan: The adopted General Plan indicated the property to be potential low-density residential with from 3-7 d.u./acre. The adopted Master Plan permits the consideration of the Master Plan, General Plan was amended to include the Master Plan as approved. D. Public Notification: The required public notices have been published and mailed regarding these items. H. CONSIDERATION OF SPECIFIC PLAN NO. SP-135 A. Description of Project: The applicant is proposing to develop the 57 acre parcel for 190 d.u.'s, 3 private recreational areas, 27.8 acre public dedication, and 35 guest parking spaces. As a part of the development, the applicant would improve Poinsettia Lane, Lowder Lane and extend Camino De Las Ondas on the basis of a 34 ft. half street. Access to the actual 29.60 acre- area to be developed is to be provided by an entrance to Lowder Lane and an entrance to CAmino De Las Ondas. Interior circulation is to be by a 39 ft. wide private roadway system. Except for an emergency access, no direct access is proposed to Poinsettia Lane. The individual units are to be located in two-unit buildings which are to be located on individual lots which are to vary in size from 5,550 sq. ft. (2) to 12,000 sq. ft. An majority of the lots are to be approx. 10,000 in size. A total of 20 lots are less than 7,500 sq. ft. in area. The applicant does in- dicate a typical lot with approx.9400 sq. ft. which has two dwelling units, a two-car garage for each unit, two parking spaces in tandem, and a minimum -3- fenced 1010 sq. ft. rear yard area for each dwelling unit. Each building would have 5 ft. side yard setbacks. Said units are to be as follows: • Height 1 storv (71%) * . 2 Story (29%) Type 2 Bdrm • 3 Bdrm 4 Bdrm 3 Bdrm 4 Bdrm Sq. Ft. . 1060 sq. ft. 1290 sq. ft. 1430 sq. ft. 1350 sq. ft. 1480 so. ft. TOTAL Approx. No. 30-d.u. 45 d.u. 59 d.u. 31 d.u. 25 d.u. 190 d.u. In terms of compliance to the P-C Zone open space requirements, the proposed development is to provide the following open space: 57.00 acres gross area . • 27.80 acres public dedication 29.40 acres gross building area 27.60 (100%) acres net area (exclusive of existing public.streets) 18.40 (66-2/3%) req. open space 5.16 (18%) acres prop, private street 6.75 (24%) acres prop, building coverage 15.69 (56%) acres prop, open space on-site 2.87 acres parks allocation for this development 18.56 (67%) acres total proposed open space including parks allocation. A total of 795 parking spaces are proposed for the development with each dwelling unit having a two-car garage, two spaces in tandem and in addition, ' a total of 35 guest parking spaces are proposed. Ordinance would require approximately 600 parking spaces. In addition to the yard areas on each lot, the pro'posed recreational facilities are to consist of the following: 1. A major recreational area in me approx. center or tne proposed development which is to be connected to the proposed public park by a linear park element. Said site is to contain a recreation building, swimming pool, one tennis court and play area. (1500 sq. ft. in area). 2. A minor recreation area located near Poinsettia Lane (6500 sq. ft. in area). 3. A minor recreation area located near the proposed extension of Camino De Las Ondas (12,000 sq. ft. in area). One of these minor recreation areas could be utilized for trailer storage, if the Planning Commission deems it appropriate. Considering the proposed recreation facilities in conjunction with the potential recreation areas on each lot and the recreation availability of . -4- the adjacent public park system, staff believes that the proposed development would have sufficient recreation area for an anticipated population of 627 persons. • In terms of living environment, the applicant has attempted to design the proposed development in a manner to improve the livability. The methods utilized are: - ' ' • 1. The utilization of two-unit buildings. . • 2. The utilization of a majority of single-story units. 3. The placement of two-story units oriented toward ocean views. 4. Provision of enlarged open space on each lot. 5. Orientation of private recreation areas to proposed public park system. B. Staff Recommendation: That it be moved that the Planning Commission recommend to the City Council that the Specific Plan BE APPROVED. Justification is based upon: 1. Conformance of the development to the adopted Master Plan. 2. Conformance of the complex to all the ordinance requirements'for property located in the P-C Zone District. 3. The design of the proposed development is considered to be appropriate. While the required 66-2/3% open space is not being provided on-site, staff believes that this is being off-set by the utilization of a majority of single-story units, the two unit buildings, and the orientation of the pro- posed recreation areas to the adjacent public park system. Of all the con- dominium developments recently considered ly the Planning Commission, staff believes that this development comes the closest to providing amenities that exceed those found in a single-family development. C. CONDITIONS OF APPROVAL: • . ' 1. The Specific Plan is granted for the land described in the application and any attachments thereto, and as shown on the plot plan subra-itted labeled Exhibit A, (Revised dated October 15, 1973). The location 'of all buildings, fences, signs, roadways, parking areas, landscaping, and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit A, (Revised dated October 15, 1973), except or unless indicated otherwise herein. 2. Unless the construction of the structure or facility is commenced not later than one year after the date of approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. 3. Any minor change may be approved by the Planning Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. All requirements of any law, ordinance or regulation of the State of California, City of Carlsbad, and any other governmental- entity shall bo complied with. /**«•, 5. No signs or advertising of any type whatsoever shall be erected or installed until plans therefore have been approved by the City of Carlsbad. 6. All areas shown as parking areas shall be surfaced with asphaltic concrete and shall be visibly marked outlining individual' parking spaces and traffic flow. 'Said surfacing and marking shall be completed prior to final inspection of the structure or structures by the Building Deaprtrnent, Trie surface shall be kept in a reasonably good state of repair at all times. All garage floors shall be a minimum of Portland Concrete Cement. • 7. Prior to obtaining a building permit and within 30 days hereof, the applicant shall file with the Secretary of the Planning Commission written acceptance of the conditions stated herein. 8. Compliance with and execution of all conditions listed hereon.shall be necessary, unless otherwise specified, prior to obtaining final building inspect-on clearance. .Deviation from this requirement shall be permitted only by written consent of the Planning Director. 9. A detailed landscape and sprinkler plan perpared by a landscape architect, shall be submitted to the Planning Director for consideration and approval. Said plans shall include detail plans for all recreation areas and all proposed fences. 10. Prior to final building inspection clearance, all landscaping shall be installed. Said landscaping shall, at all times, be maintained in a manner acceptable to the Planning Director. 11. All.landscape areaa in parking lots shall be enclosed by a raised concrete curb or low wall. All planters adjacent to street right-of- way, shall be constructed with weep'holes per specification of the City Engineer. 12. All utilities including electrical, telephone and cable television shall be installed underground and/or shall be completely concealed from view. 13. Prior to any construction, the applicant shall submit plans to the appropriate entity providing domestic water to the; proposed development, for its approval of the location, type and adequacy of water lines, and to this Fire Department for approval of the location of fire hydrants. 14. 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. 15. Prior to the issuance of any permits, the applicant shall submit detailed building elevations for all buildings, to the Planning Director for consideration and approval. 16. The development shall conform to the following description as submitted by the applicant: To develop a residential community consisting of 190 dwelling .—«,, • units (95 two-unit clusters) with varying designs and floor plans. The two unit clusters will consist of: One story, two bedroom, two bath; four bedroom, two bath and two story: three bedroom 2-1/2 bath; four bedrooms 2-1/2 bath, or approximately 618 bedrooms. The dwelling units will range in price from approximately $30,000. to"$40,000. The development will also- include a central recreational area with swimming pool and tennis courts, along with three localized children play areas. • Parcel one is 29.4 acres (gross) and 27.8 acres (net), with 190 dwelling units, it will yield a density of 6.83 d.u./acre (net) complying with the present density requirement of a planned community' zone at a maximum of 10 dwelling units per acre. The City of Carlsbad has required two-thirds (2/3) of the gross area shall be open space which is 18.40 acres for our project. We have met and exceeded these requirements by providing a total of 18.56 acres, including the park allocation. We have provided thirty-five association owned parking spaces for visitor use as well as exceeding the required off-street parking by providing two-car garages and tandem parking "for each dwelling unit. Construction of the project will be constructed in two phases. Phase one will consist of building approximatley fifty percent of the total units in the area adjacent to Poinsettia Lane, also including the recreational area. The exact timing . of phase tv/e will be largely dependent upon marketability of the units in phase one. However, the deve-oper anticipates construction of both projects to be complete within two years. 17. Prior to the issuance of any permits, the area indicated to be future public dedication and the area indicated to be future school site shall be dedicated to the City of CArlsbad. 18. The applicant shall establish and hereafter maintain a Homeowner's Association for the purpose of maintaining all landscaping areas, private roadways and recreation areas. III. CONSIDERATION OF TENTATIVE MAP 73-23 A. Description of Project: The tentative map (as revised) consists of a total of 101 individual lots and public streets. The lots consist of 95 resi- dential lots, 4 lots to be held in common ownership, including private streets, one lot indicated to be future school site, and one lot indicated to be future public dedication. The applicant indicates that construction will occur in two phases with approx. one-half of the development adjacent to Poinsettia Lane to be constructed as a part of the first phase. With regard to proposed streets, the applicant -7- indicates that Poinsettia Lane is to be wi.dene.cl qnd improyed an. additional 58 feet. A total of 118 ft. right-of-way would exist for Poinsettia Lane. Th,is ' . would provide for the widening of the bridge over-crossing of tha freeway;, In addition the applicant is proposing to improve Lov/der Lane, an additional 12 ft, of width, and to extend Camino De Las Ondas., easterly from Lowder Lane. Staff would recommend that any approval include the provision requiring that tha applicant extend Camino Da Las Ondas for the frontage of Lot 100 (school site) and 101 (public dedication) and to extend Poinsettia for the full frontage of lot 101 ( public dedication). It may be noted that Covington Brothers as a part of the approval of CT 73-24 was required to improve Poinsettia Lane to Batiquitos Lane and Batiquitos Lane adjacent to the proposed park site to -be located at the southwest corner of the intersection of Poinsettia Lane and Batiquitos Lane. B. Staff Recommendation: That it be moved that the Planning Commission recommend to the City Council that Tentative Map No. 73-23 'BE APPROVED, ; subject to the conditions outlined below. Justification is based upon: 1. Conformance of the Tentative Map to all requirements of the Municipal Code and to the regulations of the State of California Subdivision Map Act. 2. Said map is in conformance with the adopted Master Plan and Specific Plan for the subject property. • With regard to the Parks Ordinance, the dedication of some 27.8 acres (minus the 4 acres that was already dedicated to the City as a part of the Lusk development) does meet the parks requirement for the total Occidental Petroleum . holdings, except for the Covington development which included a separate park site. C. CONDITIONS OF APPROVAL: Any approval should be subject to the foil owing conditions: 1. Prior to the recordation of the final' map, lots 100 and 101, minus the previously dedicated four acres, shall be dedicated to the City of Carlsbad for public and school purposes. Future development on the remainder of the property considered under the approved Occidental Master Plan shall receive credit on their parks and • school requirements from these tv.To lots. 2. The developer shall, at his expense,'install a fully actuated traffic signal, to City standards, at the intersection of Lowder Lane and Poinsettia Lane. A reimbursement agreement shall be completed between the developer and the City of Carlsbad to permit participation of future development adjacent to the intersection in the cost of the trnff-ic signal. 3. The developer shall improve Poinsettia Lane on J:ho basis of a half street for 118 ft.rioht-of-woy, for the full frontage of the subject property to City Standards. Full frontage shall include the frontage along Lot 101. -8- 0 4. The developer shall cause Camino de las Ondas to be'improved on the basis of a 34 ft. half street to City Standards, for the full frontage of the subject property, including lots 100 and 101. The design of the .intersection may require 'some minor widening to provide for left turns, tn a. manner acceptable to the City Engineer. - ' - - ' • -•• . 5. Occidental Petroleum shall dedicate Lagoon Lane extended, on the basis of a 30 foot half street, for the full frontage of the subject property from Poinsettia Lane to Camino de las Cndas extended. The improvements of said lane shall be the requirements of the property owner.when the need for said road arises. 6. The improvement of the proposed private roadways, except for widths shall be installed to the City standards. The proposed roiled curbs and gutter is not approved. 7. 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 bs in force for the purpose of preserving the residential characteristics of adjacent properties. 8. The C.C. & R1 s for this development shall be submitted to the " Planning Director for review and approval prior to the issuance of .any building permits. 9. 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. 10. All drainage and grading plans shall be submitted to the City Engineer for approval. 11. All utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view.• 12. 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. 13. All facilities other than public easement areas, provided to adequately control drainage on the subject property, shall be maintained by the Property Owner(s) in perpetuity. • -9- 14. The subdivider shall dedicate to the public, all rights of ingress 'and egress from lots abutting'upon restricted access streets and roaclsover and across the lines of said lots abutting said streets and roads. This dedication shall be so designated on the certificate sheet of the Final Map with the intent that the ov.rners of said lots will have no rights of access whatsoever to -said stree.ts and roads. The v;ords "access rights dedicated to the City" shall be lettered along the road adjacent to the lots affected on the rp.ap proper. All public streets shall be considered restricted access streets in this instance. 15. Streets 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 recordatiqn of the Final Map. 16. All private streets shall be posted for no parking in a manner acceptable to the City Engineer. Enforcement of the no-parking shall ba the responsibility of the Homeowner's Association. 17., Lewder Lane, shall be dedicated a,rid improyad on the basis of 1/2 street for an 84 ft. wide right-of-way for the full frontage of the subject property. 18. The standard condominium note shall be added to the tentative map defining the project as a condominium. 'ATTACHMENTS: Memo from Fife Department Ltr. from Woodside/Kubota & Associates, Inc. dated Aug. 3, 1973 Ltr. from Carlsbad Unified School District dated July 24, 1973 Exhibit "A" Portion of minutes from Planning Commission meeting of 9-25-73 .dealing with these matters. Ltr. fin Craig Combs & Associates dated Oct. 9, 1973. . t«<«<j vU k ° "••'••'i»Hk kB. PRoCRTiE '////////. LEGEND AREAS OF PROPOSED GENERAL PLAN AMENDMENT ELEM. SCHOOL SITE 1/2 OF JR. HIGH SITE. MUNICIPAL PARK (TO I INCLUDE FIRE STATION SITE©.) ' . C-2 ZONEf-v.cinc PLAN i-mPF<0:OSED - PROPOSED C-2 ZONE & SPECIFIC PLAN FOR A MOTOR HOTEL CENTER. CONDITIONAL USE PERMIT FOR A MO3ILE HOMES PARK. ZONE CHG. TO PC. PLANNED COMMUNITY - IO D.U. PER. AC. 'ZONE CHG. TO PC. PLANNED COMMUNITY- 34 D.U. PER. AC. v . . [Ji:Clf-iC; [-'LAN i-Oll SERVICE PLANNING COMMISSION RESOLUTION MO.994 1 P 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 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 AMD RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE MAP (CT 73-23) TO ALLOW FOR A 190 UNIT CONDOMINIUM COMPLEX, PROPERTY LOCATED GENERALLY AT THE NORTHEAST CORNER OF THE INTERSECTION OF LOWDER LANS' (SCHUYLER RANCH ROAD) AND POINSETTIA LANE. APPLICANT: HESTER DEVELOPMENT COMPANY. WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from HESTER DEVELOPMENT COMPANY, requesting approval of a tentative subdivision map (CT 73-23) to allow for a 190 unit condo- minium complex on property generally located at the northeast corner of the intersection of Lowder Lane (Schuyler Ranch Road) and Poinsettia Lane, and more particularly described as: Being a portion of the east half of the Northwest quarter of Section 28, T-12-S, R-4-W, S.B.B. & M. in the 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 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 Parks Ordinance requirements for this project have_been met by the dedication of park lands» and; 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 of the herein described Tentative Map, subject to the fulfillment of the following conditions: 1. Prior to the.recordaticn of the final map, lots 100 ^ 101, minus the previously dedicated four acres, shall be dedicated to tha City of Carlsbad for public and school purposes. Future develop- ment on the remainder of the property considered under '.-'•£ approved Occidental Master Plan shall receive credit on their par^s and school requirements from these two lots. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 28 29 50 31 32 2. The developer shall, at his expense, Install a fully actuated traffic signal, to City standards, at the intersection of Lowder Lane and Poinsettia Lane. A reimbursement agreement shall be completed between the developer and the City of Carlsbad to permit participation of future development adjacent to the intersection in the cost of the traffic signal. 3. The developer shall improve Poinsettia Lane on the basis of a half street for 118 ft. right-of-way, far the full frontage of the subject property to City Standards. Full frontage shall include the frontage along Lot 101. 4. The developer shall cause Camino de las Ondas to be improved on the basis of a 34 ft. half street to City standards, for the full frontage of the subject property, including lots 100 and 101. The design of the intersection may require some minor widening to provide for left turns, in a manner acceptable to the City Engineer. 5. Occidental Petroleum shall dedicate Lagoon Lane extended, on the basis of a 30 ft. half street, for the full frontage^of the subject property from Poinsettia Lane to Camino de las Ondas extended. The improvements of said lane shall be the requirements of the property owner when the need for said road arises. 6. The improvement of the proposed private roadways, except for widths, shall be installed to the City standards. The proposed rolled curbs and gutter is not approved. 7. 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 restriction 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. 8. The C.C.&R's for this development shall be submitted to the Planning Director for review and approval prior to the issuance of any building permits. 9. All public improvements shall be made, in conformity to theCity 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. 10. All drainage and grading plans shall be submitted to the City Engineer for approval. 11. All utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view. }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. 13. All facilities other than public easement areas, provided to adequately control drainage on the subject property, shall be main- tained by the Property Owner(s) in perpetuity. XX XX -2- 5 6 7 8 9 10 11 12 13 14 15 •16 17 13 19 20 21 22 23 24 25 26 27 28 29 30 51 32 14. The subdivider shall dedicate to the public, all rights of ingress and egress from lots abutting upon restricted access streets and roads over and across the lines of said lots abutting said streets and roads. This dedication shall be so designated on the certificate sheet of the Final Map with the intent that the owners of said lots will have no fights whatsoever to said streets and roads. The words "access rights dedicated to the City" shall be lettered along the road adjacent to the lots affected on the map proper. All public streets shall be considered restricted access streets in this instance. 15. Streets names shall be subject to approval and shall be de- signated in accordance with the standards and policies adopted by the Planning Commission en file in the Planning Department.• Said names shall be approved by the Planning Director prior to recordation of the Final Map. 16. Mo parking shall be the responsibility of the City of Carlsbad pursuant to State Vehicle Code 1211075. 17. Lowder Lane shall be dedicated and improved on the basis, of 1/2 street for an 84 ft. wide right-of-way for the full frontage of the subject property. 18. The standard condominium note shall be added to the tentative map defining the project as a condominium. PASSED, APPROVED AND ADOPTED.at-a regular meeting of the City of Carlsbad Planning Commission, held on the T3th day of November, 1973, by the following vote, to wit; AYES: Commissioners Dominguez, Forman, Casler, Wrench & Palmateer NOES: Commissioners Jose and Little. ABSENT: None ATTEST: E. W. DOMINGUEZ, Chairman DONALD A. AGATEP, Secretary -3- 1 £ 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 SPECIFIC PLAN (SP-135) TO ALLOW DEVELOPMENT OF A 190 UNIT CONDOMINIUM COMPLEX, SAID PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF.LOUDER LANE (SCHUYLER RANCH ROAD) AND POIMSETTIA LANE. APPLICANT: HESTER DEVELOPMENT COMPANY. WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from HESTER DEVELOPMENT COMPANY requesting approval of a Specific Plan (SP-135) to allow for a 190 unit condominium on property generally located at the northeast corner of the intersection of Lowder Lane (Schuyler Ranch Road) and Poinsettia Lane, and more particularly described as: Being a portion of the east half of the Northwest quarter of Section 28, T-12-S, • R-4-W, S.B.B. & M. in the 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, WHEREAS, the Planning Commission did hold a duly noticed public hearing and upon hearing 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 recommendation for approval of this Specific Plan necessary to carry out the provisions and general purpose of Ordinance No. 9060 1. Conformance of the development to the adopted Master Plan. 2. Conformance of the complex to all the ordinance requirements for property located in the P-C Zone District. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad that it does hereby recommend to the City Council the adoption of a Specific Plan, subject to the following conditions: 1. The Specific Plan is granted for the land described in the application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibit A, (Revised dated October 15, 1973). The location of all buildings, fences, signs, roadways, parking areas landscaping, and other facilities or features shall be located sub- stantially as shown on the plot plan labeled Exhibit A,(Revised dated October 15, 1973), except or unless indicated otherwise herein. 1 2 3 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 14. 2. Unless the construction of the structure or facility is commenced not later than one year after the date of approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. 3. Any minor change may be approved by the'Planning Director. Any substantial change vn'11 raquire the filing of an application for an amendment to be considered by the Planning Commission. 4. All requirements of any law, ordinance or regulation of the State of California, City of Carlsbad, and any other governmental entity shall be complied with. 5. No signs or advertising of any type whatsoever shall be erected or installed until plans therefore have been approved by the City of Carlsbad.*. 6. All areas shown as parking areas shall be surfaced with asphaltic concrete and shall be visibly marked outlining individual parking spaces and traffic flow. Said surfacing and marking shall be complete! prior to final inspection of the structure or structures by the Building Department. The surface shall be kept in a reasonably good state of repair at all times. All garage floors shall be a minimum of Portland Concrete Cement. 7. Prior to obtaining a building permit and within 30 days hereof, the applicant shall file with the Secretary of the Planning Commission written acceptance of the conditions stated herein. 8. Compliance with and execution of all conditions listed hereon shal be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning Director. 9. A detailed landscape and sprinkler plan prepared by a landscape architect, shall be submitted to the Planning Director for consideration and approval. Said plans shall include detail plans for all recreatioi areas and all proposed fences. ' 10. Prior to final building inspection clearance, all landscaping shall be installed. Said landscaping shall, at all times, be maintained in a manner acceptable to the Planning Director. 11. All landscape areas in parking lots shall be enclosed by,a raised concrete curb or low wall. All planters adjacent to street right-of- way, shall be constructed with weep holes^per specification of the City Engineer. 12. All utilities including electrical, telephone and cable televisioi shall be installed underground and/or shall be completely concealed from view. 13. Prior to any construction, the applicant shall submit plans to the appropriate entity providing domestic water to the proposed de- velopment, for its approval.of-the location, type and adequacy of water lines, and to this Fire Department for approval of the location of Fire Hydrants. * The applicant shall install all required fire hydrants and dry-stand pipes prior to framing construct!oji and said fire appurtenances shall be functional prior to commencing such work. XX XX -2- 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 15. Prior to the issuance of any permits, the applicant shall submit, detailed building elevations for all buildings, to the Planning Director for consideration and approval. 16. The development shall conform to the following description as submitted by the applicant: To develop a residential community consisting of 190 dwelling units (95 two-unit clusters) with varying designs and floor plans. The two unit clusters will consist of: One story, two bedroom, two bath; four bedroom, two bath and two story: three bedroom 2-1/2 bath; four bedrooms 2-1/2 bath, or approximately 618 bedrooms. The dwelling units will range in price from approximately $30,000 to $40,000. The development will also include a central recreational area with swimming pool and tennis courts, along with three localized children play areas. Parcel one is 29.4 acres (gross) and 27.8 acres (net), with 190 dwelling units, it will yield a density of 6.83 d.u./acre (net) complying with the present density requirement of a planned community zone at a maximum of 10 dwelling units per acre; The City of Carlsbad has required two-thirds (2/3) of the gross area shall be open space which is 18.40 acres for our project. We have met and exceeded these requirements by providing a total of 18.56 acres, including the park allocation. He have provided thirty-five association owned parking spaces for visitors use as well as exceeding the required off-street parking by providing two-car garages and tandem parking for each dwelling unit~ Construction of the project will be constructed in two phases. Pha'se one will consist of building approximately fifty percent of the total units ,in the area adjacent to Poinsettia Lane, also including the recreational area. The exact timing of phase two will be largely dependent upon marketability of the units in phase one. However, the developer anticipates con- struction of both projects to be complete within two years. 17. Prior to the issuance of any permits,-the area indicated to be future public dedication snd the area indicated to be future school site shall be dedicated to the City of Carlsbad. 18. The applicant shall establish and hereafter maintain a Homeowner's Association for the purpose of maintaining' all landscaping areas, private roadways and recreation areas. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission, held on the 13th day of November, 1973, by the following vote, to wit; XX XX XX -3- AYES: Commissioners Dominguez, Formari, Casler, Wrench & Palmateer1 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 AYES: Commi NOES: Commi ABSENT: No ATTEST: DONALD A. AGATEP, Secretary E. W. DOMINGUEZ, Chairman -4- """*» £ J^, CARLSBAD UNIFIED SCHOOL DISTRICT 801 PINE AVENUE CARLSBAD, CALIFORNIA 92008 D August 5, 1974 Reference: CT 73-23 190 Residential Units Occidental Land, Inc. Mayor Robert C. Frazee and Members of the City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mrs. Margaret Adams, City Clerk Gentlemen: Our district has reviewed the proposed 190-unit residential development generally located at the northeast corner of the intersection of Lowder Lane and Poinsettia Lane as referenced above and h?ve evaluated the impact of that development on the facilities of our district. Please be informed that our district is able to assure you that school facilities and services will be available concurrent with need for this development as it is presently proposed. R. A. Crawford District Superintendent FHL:RAC:aw CC: Mr. Donald A. Agatep, City Planning Director Occidental Land, Inc. ADMINISTRATION 729-9291 MEMORANDUM August 12, 1974 TO: CITY MANAGER FROM: PLANNING DEPARTMENT SUBJECT: CONDITIONS OF APPROVAL FOR THE HESTER DEVELOPMENT CO. APPLICATIONS (SP-135 and CT 73-23) Since the time the Planning Commission recommended approval of the subject applications, the City has revised their method of applying conditions of approval. Staff recommends that the following changes be made to the recommended conditions of approval for the subject applications for the reasons stated: Specific Plan No. 135 1) Delete #11 - This condition is already a requirement of the Zoning Ordinance. 2) Delete #12 - Already a condition of the Tentative Map. 3) Delete #14 - Already covered by Condition #13. 4) Delete #15 - Already done during normal process. 5) Revise #16 to read: "16. Construction of the project shall be accomplished in two (2) phases. Phase One will consist of building approximately fifty (50) percent of the total units in the area adjacent to Poinsettia Lane and shall Include the recreation area." All of the other information is included on Exhibit A. 6) Delete #17 - A condition of the Tentative Map. 7) Delete #18 - Existing requirement of the Division of Real Estate Tentative Map No. CT 73-23 1) Revise #1 to read: "1. Prior to the issuance of any permits, lot #100 shall be dedicated to the Carlsbad Unified School District and lot #101 shall be dedicated to the City of Carlsbad. The configuration and size of each lot shall be deter- mined by the City prior to the recordation of the final Subdivision Map." Original condition does not correspond to the agreement now reached between the applicant, the School District and the City. 2) Delete #5 - Area is already being dedicated. 3) Revise #14 to read: "14. The subdivider shall dedicate to the public, all rights of ingress and egress from lots abutting upon Poinsettia Lane, Camino de las Ondas and Lowder Lane." Other wording is superfluous. 4) Delete #15 - Already required by Policy. 5) Delete #16 - Unnecessary condition. 6) Delete #18 - Requirement of the Final Subdivision Map. Don A. Agatep ^- | PLANNING DIRECTOR \ » vb