HomeMy WebLinkAbout1974-09-03; City Council; 2219-2; Specific Plan SP-135 Tentative MapCT 73-23 Hester Development Company•T H -E C I T OF CARLSBAD . -7-CALIFORNI
Agenda Bill Wo. 2219-Supplement 2
Referred To:
Date: Septe:;, 1974
Subject:
Specific Plan (SP-135)
Tentative Map (CT 73-23)
Hester Development Company
Submitted By:
City Attorney,
'Statement of the Matter
The'City Council at your meeting of August 20, 1974, directed the City
Attorney to prepare the necessary documents adopting Specific Plan (SP-135)
and approving Tentative Map (CT 73-23). The ordinance adopting the
Specific Plan and the resolution approving the Tentative Map are attached.
Exhibit
1. Ordinance No.
2. Resolution
adopting Specific Plan (SP-135).
approving Tentative Map (CT 73-23)
Staff Recommendations
If the Council desires to adopt Specific Plan (SP-135),.your action is to
introduce Ordinance No. fofrV. If the Council desires to approve
Tentative Map (CT 73-23), your action is to adopt Resolution No.,
AB No. 2219:z£>upplement '2 Date: September 3. 1974
City Manager's Recommendation
Concur with staff.
Council Action
9-3-74 Ordinance No. 9404 was introduced for a f.irst reading by title
only with further reading waived.
Resolution No. 3503 was adopted by title only with further reading
waived .
9-17-74 A second reading was given Ordinance #9404 and adopted, adopting
Specific Plan SP-135.
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ORDINANCE NO. 9404
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADOPTING
A SPECIFIC PLAN (SP-135) FOR APPROXIMATELY
57 ACRES OF LAND GENERALLY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF
LOWDER LANE (SCHUYLER RANCH ROAD) AND
POINSETTIA LANE TO ALLOW THE DEVELOPMENT
OF A 190-UNIT CONDOMINIUM PROJECT.
APPLICANT: HESTER DEVELOPMENT COMPANY .
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1; A Specific Plan (SP-135) is hereby adopted
for approximately 57 acres of land generally located at the north-
east corner of the intersection of Lowder Lane (Schuyler Ranch
Road) and Poinsettia Lane and more particularly described as:
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,
said plan to consist of a plot plan marked Exhibit A revised
October 15, 1973, and an application 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-135) contained in Planning Commission Resolution
No. 995 and said resolution are incorporated by reference herein.
SECTION 3: Development Conditions. The Specific Plan
(SP-135) 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. The location of all buildings, fences, signs,
roadways, parking areas, landscaping, and other facil-
ities or features shall be located substantially as
shown on the plot plan labeled Exhibit A, revised
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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 lav/, ordinance or regula-
tion 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 therefor have
been approved by the City of Carlsbad.
6. All areas shown as parking areas shall be sur-
faced 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 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 shall 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 detailed 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. 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.
12. Construction of the project shall be accomplished
in two phases. Phase one will consist of building approxi-
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mately 50% of the total units in the area adjacent to
Poinsettia Lane and shall include the recreation area.
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.
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 3rd day of September , 1974,
and thereafter
PASSED AND ADOPTED at a regular meeting of said Council
held on the 17th day of September , 1974, by the following
vote, to wit:
AYES: Councilmen Chase, McComas, Lewis and Skotnicki
NOES: None
ABSENT: Councilman Frazee
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/fc^i^t ?& xS &-, /y
" ROBERT C . FRAZEE ,/Mayor
ATTEST :
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MARGARET E. ADAMS, City Clerk
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RESOLUTION NO. 3503
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE MAP (CT 73-23)
A 190-UNIT CONDOMINIUM COMPLEX ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER
OF THE INTERSECTION OF LOWDER LANE (SCHUYLER
RANCH ROAD) AND POINSETTIA LANE.
APPLICANT: HESTER DEVELOPMENT COMPANY
WHEREAS, on the 13th day of November, 1973, the Carlsbad
City Planning Commission adopted Resolution No. 994 recommending
to the City Council that Tentative Map (CT 73-23) be conditionally
approved; and
WHEREAS, the City Council of the City of Carlsbad on the
3rd day of September , 1974, considered the recommendation
of the Planning Commission; and
WHEREAS, said Tentative Map has complied with the require-
ments of the City of Carlsbad Environmental Protection Ordinance
of 1972 and an Environmental Impact Report has been prepared and
accepted after public hearings by the Planning Commission and the
City Council;
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 73-23) is hereby approved
subject to the execution and/or fulfillment of the following
conditions:
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.
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 reim-
bursement agreement shall be completed between the develop-
er and the City of Carlsbad to permit participation of
future development adjacent to the intersection in the
cost of the traffic signal.
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3. The developer shall improve Poinsettia Lane on
the basis of a half-street for 118-foot right-of-way for
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-foot 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. The improvement of the proposed private roadways,
except for widths, shall be installed to the City stand-
ards. The proposed rolled curbs and gutter is not
approved.
6. 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 .require-
ments, 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.
7. The CC&R's for this development shall be submit-
ted to the Planning Director for review and approval
prior to the issuance of any building permits.
8. 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.
9. All drainage and grading plans shall be submitted
to the City Engineer for approval.
10. All utilities, including provisions for cable TV,
shall be placed underground and/or shall be completely
concealed from view.
11. 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.
12. 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.
13. 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.
C. That said Tentative Map together with the provisions
for its design and improvement and subject to the above conditions
2.
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NCENT F. BIONDO, JR.•ORNEY - CITY OF CARLSBAD1200 ELM AVENUE.SBAD, CALIFORNIA 92008H M H M M H HCO <J O> Ol if* W tO>g 3 19
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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 3rd day of September , 1974,
by the following vote, to wit:
AYES: Counci
NOES: None.
ABSENT: Counci
ATTEST :
^L..^A
MARGARET E^< ADAMS r C,
BY: NOR;AV'K.V.GARDIN£/ ^ , , A X ~ '
(SEAL) \\\\-i < /v
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1men Frazee, Chase, Lewis and Skotnicki.
Iman McComas.
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ROBERT C. FRAZEE, M2$yor~
t£ afj^tJ^)ity Clerk
Ry, \Deputy
3.
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