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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 The applicant now is requesting the Specific Plan SP-155 and Tf tive Map (CT 73-59) be withdrawn.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 Resolutions No. 3469 and 3470 should be rescinded by minute action.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 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 (V c; U$U> 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: \ 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 \ <-> -s Jit.- 3< £"80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 <. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 5 ggjjji 16 = 5 11 17 i|i§ isMS'S>£ « 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. •» ~,~ ,: & •i*1'