HomeMy WebLinkAbout1974-11-06; City Council; 3133-2; Pacesetter Homes Inc Specific Plan & Tentative Map• . w
THE CITY OF CARLSBAD, CALIF' OR N I A
Agenda Bill No. 3133 " Supplement #2 Date: November 6, 1974
Referred To:
Subject: Specific Plan (SP-155 and Submitted By:
Tentative Map (CT 73-59 Planning Director
Applicant: Pacesetter Homes, Inc.
Statement of the Matter . '
The City Council directed the City Attorney to prepare necessary docu-
ments for approval on July 16, 1974.
The matter was returned to the City Council September 3, 1974, and
tabled at the request of the applicant.
The applicant now is requesting the Specific Plan SP-155 and Tf tive
Map (CT 73-59) be withdrawn.
The City has not formally annexed the property. However, the v •/ has
approved preannexational zoning (ZC-125) and approved the Mas or Ian
(MP-132)
Exhibit
Letter to City Manager from Pacesetter Homes dated September 26, 1974,
Memo to City Manager dated October 15, 1974.
Draft Ordinance #9400 - Specific Plan (SP-155)
Staff Recommendations to the City Manager
See City Manager's recommendation.
AS No. Date: November 6, 1974
City Manager's Recommendation
It is recommended that the City honor Pacesetter's request as out-
lined in their letter dated September 26, 1974. If the Council
agrees with this recommendation, they should by minute action remove
the matter of the Specific Plan and Tentative Map from the table.
Resolutions No. 3469 and 3470 should be rescinded by minute action.
Ordinance No. 9400, which was previously introduced for first read-
ing, should now be introduced for final action but should be denied.
The staff should then be instructed to set the matter of zoning
to eliminate the preannexation zoning.
Council Action
11-6-74 The matter was continued to the meeting of November 19, 1974
Tl_19_74 The matter was continued to the meeting .of December 3, 1974.
12-3-74 The matter was tabled as recommended by the City Manager.
-2-
HOMES, INC.
4540 CAMPUS DRIVE • NEWPORT BEACH, CALIFORNIA • PHONE 546-B8O1
September 26, 1974
Mr. Paul Bussey
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, California
Re: Tentative Tract 73-59
Dear Mr. Bussey:
This is to inform you, we have cancelled the escrow
and wish to withdraw our application for approval of
the annexation, tentative map, and specific plan on
the above referenced project.
We are also cancelling our agreement bond with the
Carlsbad Unified School District.
Very truly yours,
PACESETTER HOME
:erry
Manager
Project Development
TLC/cm
MEMORANDUM
October 15, 1974
TO: CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT: PACESETTER HOMES: Pre-Annexation Change of Zone ZC-125
Master Plan MP-132
Specific Plan SP-155
Tentative Map CT-73-59
Pacesetter Homes has submitted a request to the City to withdraw
their applications for Specific Plan and Tentative Map approval.
Before recommending an action to the Council the following infor-
mation should be assessed.
1) Pre-Annexational Zoning: The City Council by Ordinance
9362 approved Pacesetter's Pre-annexational Zoning
request (County E-l-A to City P-C) on October 18, 1973.
Pre-Annexational Zoning is accomplished in the same
manner as a change of zone. (C.M.C. Sec. 21.06.070,
Ord. 9183) The same section provides for the pre-zoning
to become effective at the time the annexation becomes
effective.
LAFCO approved the annexation request by LAFCO Resolution
of February 4, 1974. Therefore, the zoning would have
been effective when the City Council by Resolution agreed
to annexation and forwarded documentation to the Secretary
of State.
Pacesetter Homes, by letter dated February 19, 1974 re-
quested the annexation application be held until the
specfic Development Plan was approved. By our records,
the City Council has never accepted the annexation re-
quest.
It is clear the zoning has not been consumated. If the
City Council does not accept the annexation request, the
zoning (P-C) becomes moot.
2) Master Plan - MP-132: The Master Plan was processed
independent of the pre-annexation zoning request. The
Master Plan was approved by City Council Resolution 3302
on January 2, 1974.
3) Specific Plan 155. Tentative Map 73-59: The Specific Plan
and Tentative Map have been approved by Resolution, City
Council Resolutions 3469 and 3470 and the City Council has
offered for adoption Specific Plan Ordinance #9000. The
Resolution and Ordinance were approved August 6, 1974.
However, Pacesetter, by letter to the City Manager,
requested the second reading be held until Escrow
difficulties could be resolved. Therefore, the Specific
Plan/Tentative Map have not yet been formally adopted.
I would recommend the City Council deny the annexation request and
instruct the Staff to set for Public Hearing, a motion to rescind
the prior City Council Action of Pre-annexational Zoning to P-C
(Planned Community).
If you have any questions regarding this matter, please contact me
at your convenience.
Donald A. Agatep\
PLANNING DIRECTOR |
cc: City Attorney
DAA/vb
VINCENT F. BIONDO, JR.FY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 92008o
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ORDINANCE NO. 9400
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADOPTING
A SPECIFIC PLAN (SP-155) FOR DEVELOPMENT
OF 326 DWELLING UNITS ON 60 ACRES OF LAND
GENERALLY LOCATED EAST OF LOWDER LANE
BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA
\ LANE. APPLICANT: PACESETTER HOMES, INC.
\
The City Council of the City of Carlsbad, California does
ordain as follows:\\
SECTION 1: A Specific Plan (SP-155) is hereby adopted
\
for development of\326 dwelling units on 60 acres of land gener-
ally located east of \Lowder Lane between Palomar Airport Road and
Poinsettia Lane, more particularly described as:
\
A portion of thexWest half of Section 21, Township
12 South, Range 4\West, S.B.B.M., in the City of
Carlsbad, County of San Diego, State of California,
\
said plan to consist of a plot plan marked Exhibit A to SP-155,
revised June 25, 1974, 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 approval of Specific Plan
\
(SP-155) is justified by the following, findings:
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A. Conformance of the revised Specific Plan to the\
approved Master Plan No. 132.
B. Conformance of the revised Specific Plan to all re-
quirements of the Municipal Ordinance for property located in the
Planned Community Zone District.
C. Conformance of the precise development to the existing
and proposed development in the area.
SECTION 3: Development Conditions. The .Specific Plan
(SP-155) is approved subject to the following conditions and
restrictions and the development of the property, as described in
Section--! hereof, shall be subject to all such conditions and
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restrictions which are in addition to all requirements, limita-
tions and restrictions of all municipal ordinances and state and
federal laws now in force or which may hereafter be in force:
A. Dedication of Lots 19 and 21, satisfying the Park
Dedication Ordinance, shall occur at the time of final map
approval. The applicant shall also rezone lots 19 and 21
(Park lots) and lots 8, 9 and 10 (Recreation areas) to
Open Space Zone (0-S) prior to final map approval.
B. The approval is granted for the land described in
the application and any attachments thereto, and as shown
on the plot plan submitted labeled Exhibit A. The loca-
tion 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, except or unless indicated otherwise
herein. All buildings and structures shall be of the
design shown on the elevation plans labeled Exhibit B.
C. All outside storage areas shall be screened from
adjacent property and streets.
D. An incombustible trash enclosure shall be provided
of a size and location acceptable to the Planning Director,
and said area shall be enclosed with a fence and/or wall
of sufficient height to adequately shield the area. Said
fence and/or wall shall include a solid gate.
E. A detailed landscape and sprinkler plan shall be
submitted to the City of Carlsbad for consideration and
approval.
F. All utilities including electrical, telephone and
cable television, shall be installed underground and/or
shall be completely concealed from view.
G. 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 encum-
brances .
H. Construction of this development shall occur in
accord with the following phasing schedule:
November, 1974
February, 1975
May, 1975
August,1975
November, 1975
Construction of the next phase in sequence may not be
commenced until completion of the preceding phase. Con-
struction of any particular phase may not begin in any
event prior to the date indicated. The approval of the
Specific Plan is granted on condition that the entire
construction program be completed by July, 1979. In the
event construction is not so completed, the Specific Plan
shall be .reviewed by the City Council. At that time, in
the sole discretion of the City Council, the completion
2.
Phase I
Phase II
Phase III
Phase IV
Phase V
40 D.U. 's
60 D.U. 's
66 D.U. 's
88 D.U. 's
72 D.U. 's
mCO
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C (
date for the project may be extended on proper showings
or modified in some other manner or approval for the bal-
ance of the project may be revoked.
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 adop-
tion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the • • • • day of , 1974,
and thereafter PASSED AND ADOPTED at a regular meeting of said
Council held on the day of , 1974, by the follow-
ing vote, to wit:
AYES:
NOES:
ABSENT:
ROBERT C. FRAZEE, Mayor
ATTEST:
MARGARET E. ADAMS, City Clerk
(SEAL)
3.
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