HomeMy WebLinkAbout1975-01-07; City Council; 3253-1; Tentative map CT 74-14•T H E CITY F CARLSBAT CALIFORNIA
Agenda Bill KO . 3253-Supplement 1
Referred To :
Tentative Map (CT 74-14)
Freannexation Change of Zone (ZC-145)
Applicant:Investor's Development and
Mortgage Corporation
Date: Januarv 7, 197
Submitted By:
City Attorney
51 a t c m c 2i_t
The' City Council at your meeting of December 17, 1974, directed the City
Attorney to prepare the necessary documents approving Preannexation Change
of Zone (ZD-145). The resolution approving the zone change and the ordi-
nance adopting the zone change are attached. At the same meeting the
City Attorney was directed to prepare the necessary documents approving
Tentative Map (CT 74-14). The resolution approving the Tentative Map is
attached.
Exhibit
1. Resolution No «&£* fa ty approving Zone Change (ZC-145).
2. Ordinance No. Q'^/£" granting change of zone.
3. Resolution No. J? £*^ ,5"" approving Tentative Map (CT 74-14]
Staff Recommendations
If the Council desires to approve Zone Change (ZC-145) and grant the
change of zone, your action is to adopt Resolution No,.^"^ f£ and intro-
duce Ordinance No.
_
If the Council desires to approve Tentative
Map (CT 7^-14), your action is to adopt Resolution No .3&&
AB No • 3253-Supplement No. 1 Da t e : January 7, 197
City Manager's Recommendation
Concur with staff
Council Action
1-7-75 Resolution #3564 was adopted announcing findings and decision;
Ordinance #9415 was introduced for a first reading, granting a
zone change; and Resolution #3565 was adopted, approving the
tentative map for Carlsbad Tract 74-14.
1-21-75 Ordinance #9415 was introduced for a second reading and adopted
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ORDINANCE NO. 9415
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE
BY AMENDING THE ZONING MAP TO GRANT A
PREANNEXATION CHANGE OF ZONE (ZC-145)
FROM SAN DIEGO COUNTY E-l-A TO CITY OF
CARLSBAD R-l-7500 and R-l-9000 ON PROPERTY
LOCATED ON THE EAST SIDE OF EL CAMINO REAL
BETWEEN ELM AVENUE EXTENDED AND CHESTNUT
AVENUE. APPLICANT: INVESTOR'S DEVELOP-
MENT AND MORTGAGE CORPORATION
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1; Title 21 of the Carlsbad Municipal Code is
amended by the amendment of the zoning map preannexation change
of zone from San Diego County E-l-A to City of Carlsbad R-l-7500
for the following described property:
That portion of Lot J of Rancho Agua Hedionda in
the County of San Diego, State of California, ac-
cording to Map 823 filed in the office of the County
Recorder of San Diego County, November 16, 1896,
described as follows:
Beginning at a point of the Northeast corner of
Lot 13 of El Camino Mesa, Map 6693, said map being
filed in the office of the County Recorder, County
of San Diego, State of California; thence
1.
2.
3.
4.
5.
6.
7.
C a distance of 151.04 feet; thence
a distance of 843.43 feet; thence
S 89° 44'05" ,;
N .6°29'30" W
S 89049'02" E a distance of 2,335.37 feet; thence
S 23°27'30" E a distance of 1,313.00 feet; thence
S 82°00'00" W a distance of 2,763.45 feet; thence
N
N
49°19'55" W a distance of 220.62 feet; thence
6029'30" W a distance of 585.14;
to the point of beginning.
Excepting therefrom:
1. S 89°44'05" E a distance of 151.04 feet; thence
2. N 6°29'30" W a distance of 843.43 feet; thence
3. S 89°49'02" E a distance of 1,070.00 feet; thence
4. S 0°10'58" W a distance of 330.00 feet; thence
5. S 25049'02" E a distance of 1,000.00 feet; thence
6. S 8°00'00" E a distance of 140.00 feet; thence
7. S 82°00'00" W a distance of 1,370.00 feet; thence
8. N 49°19'55" W a distance of 220.62 feet; thence
9. N 6°29'30" W a distance of 585.14 feet;
to the point of beginning;
except the following described portions of said property which
are rezoned from San Diego County E-l-A'to City of Carlsbad
R-l-9000:
VINCXNT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBADI.'OO ELM AVENUECARLSBAD, CALIFORNIA 920081
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That portion of Lot J of Rancho Agua Hedionda in the
County of San Diego, State of California, according
to Map 823 filed in the office of the County Recorder
of San Diego County, November 16, 1896, described as
follows :
Beginning at a point of the Northeast corner of
Lot 13 of El Camino Mesa, Map 6693, said Map
being filed in the office of the County Recorder,
County of San Diego, State of California; thence
1. S 89°44'05" E a distance of 151.04 feet; thence
2. N 6°29'30" W a distance of 843.43 feet; thence
3. S 89°49'02" E a distance of 1,070.00 feet; thence
4. S 0°10'58" W a distance of 330.00 feet; thence
5. S 25°49'02" E a distance of 1,000.00 feet; thence
6. S 8°00'00" E a distance of 140.00 feet; thence
7. S 82°00'00" W a distance of 1,370.00 feet; thence
8. N 49°19'55" W a distance of 220.62 feet; thence
9. N 6°29'30" W a distance of 585.14 feet;
to the point of beginning.
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 meeting of the Carlsbad
City Council held on the 7th day of January , 1975, and
thereafter
PASSED AND ADOPTED at a meeting of said City Council held
on the 21st day of January , 1975, by the following vote,
4_ _^ ^ „ ,' J- .U W W i. U .
. AYES: Councilman Frazee, Chase, Lewis and Skotnicki
NOES: None .
ABSENT: None
^A^(^ /.,• '•-(.' . • C ,^T-.;-^v
ROBERT C. FRAZEE , -Mayor
ATTEST: »
— }' }'' -^ ^ /s/// MjAteZ/ /?. ^/st^^-f ./•
MARGARET E. ADAMS(, City Clerk
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(SEAL)
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RESOLUTION NO. 3564
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING
FINDINGS AND DECISION ON A PREANNEXATI.ON
CHANGE OF ZONE (ZC-145) FROM SAN DIEGO
COUNTY E-l-A TO CITY OF CARLSBAD R-l-7500
AND R-1-9000 LOCATED ON 83.25 ACRES ON THE
EAST SIDE OF EL CAMINO REAL BETWEEN ELM
AVENUE EXTENDED AND CHESTNUT AVENUE.
APPLICANT: INVESTOR'S DEVELOPMENT AND
MORTGAGE CORPORATION
WHEREAS, on October 8, 1974 a duly advertised public
hearing was held before the Planning Commission in the manner
prescribed by law to consider a preannexation change of zone
(ZC-145) from San Diego County E-l-A to City of Carlsbad R-l-7500
and R-l-9000, as shown on map marked ZC-145, Exhibit D dated
November 12, 1974, on file in the Planning Department and incor-
porated by reference herein, on 83.25 acres located on the east
side of El Camino Real between Elm Avenue extended and Chestnut
The property to be zoned R-l-7500 is
Avenue./more particularly described as:
That portion of Lot J of Rancho Agua Hedionda in
the County of San Diego, State of California, ac-
cording to Map 823 filed in the office of the
County Recorder of San Diego County, November 16,
1896, described as follows:
Beginning at a point of the Northeast corner of
Lot 13 of El Camino Mesa, Map 6693, said map being
filed in the office of the County Recorder, County
of San Diego, State of California; thence
1. S 89°44'05" E a distance of 151.04 feet; thence
2. N 6°29'30" W a distance of 843.43 feet; thence
3. S 89°49'02" E a distance of 2,335.37 feet; thence
4. S 23°27'30" E a distance of 1,313.00 feet; thence
5. S 82°00'00" W a distance of.2,763.45 feet; thence
6. N 49°19'55" W a distance of 220.62 feet; thence
7. N 6°29'30" W a distance of 585.14;
to a point of beginning.
Excepting therefrom:
1. S 89°44'05" E a distance of 151.04 feet; thence
2. N 6°29'30" W a distance of 843.43 feet; thence
3. S 89°49'02" E a distance of 1,070.00 feet; thence
4. S 0°10'58" W a distance of 330.00 feet; thence
5. S 25°49'02" E a distance of 1,000.00 feet; thence
6. S 8°00'00" E a distance of 140.00 feet; thence
7. S 82°00'00" W a distance of 1,370.00 feet; thence
8. N 49°19'55" W a distance of 220.62 feet; thence
9. N 6°29'30" W a distance of 585.14 feet;
to the point of beginning;
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except the following described portions of said property which
are rezoned from San Diego County E-l-A to City-of Carlsbad
R-l-9000:
That portion of Lot J of Rancho Agua Hedionda in the
County of San Diego, State of California, according
to Map 823 filed in the office of the County Recorder
of San Diego County, November 16, 1896, described as
follows:
Beginning at a point of the Northeast corner of
Lot 13 of El Camino Mesa, Map 6693, said Map
being filed in the office of the County Recorder,
County of San Diego, State of California; thence
1. S 89°44'05" E a distance of 151.04 feet; thence
2. N 6°29'30" W a distance of 843.43 feet; thence
3. S 89°49'02" E a distance of 1,070.00 feet; thence
4. S 0°10'58" W a distance of 330.00 feet; thence
5. S 25°49'02" E a distance of 1,000.00 feet; thence
6. S 8°00'00" E a distance of 140.00 feet; thence
7. S 82°00'00" W a distance of 1,370.00 feet; thence
8. N 49°19'55" W a distance of 220.62 feet; thence
9. N 6°29'30" W a distance of 585.14 feet;
to the point of beginning.
WHEREAS, at the conclusion of said hearing the Planning
Commission of the City of Carlsbad adopted Resolution No. 1101
recommending said zone change which is herewith referred to and
made a part hereof; and
WHEREAS, on the 17th day of December , 1974, the City
Council held a public hearing on the matter, received all recom-
mendations and heard all persons interested in or opposed to the
proposed change of zone; and
WHEREAS, an Environmental Impact Report has been prepared
and discussed at duly noticed public hearings before the Planning
Commission and the City Council, and the final report has been
certified as complete in satisfaction of the requirements of the
City of Carlsbad Environmental Protection Ordinance of 1972 and
the California Environmental Quality Act;
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.
2. That the findings of the Planning Commission con-
tained in the aforementioned Resolution No. 1101 constitute the
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findings of the Carlsbad City Council.
3. That the approval of the proposed change of zone
classification is necessary to carry out the general purpose of
Title 21 of the Municipal Code.
4. That the City Council of the City of Carlsbad intends
to adopt an ordinance to effectuate the proposed change of zone.
PASSED, APPROVED AND ADOPTED at a meeting of the City
Council on the 7th day of January , 1975, by the following
vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis and McComas.
NOES: None
ABSENT: Councilman Skotnicki
ROBERT C. FRAZEE, Mayor
ATTEST:
MARGARET E. ADAMST City Clerk
(SEAL)
3.
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• 5 °VINCENT F. BIONDO, JlATTORNEY - CITY OF Ct1200 ELM AVENUEARLSBAD, CALIFORNIA £>- °h-
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i
!
. RESOLUTION NO. 3565
A RESOLUTION OF THE CITY COUNCIL-OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE MAP (CT 74-14)
FOR 264 LOTS ON 83.25 ACRES ON THE EAST
SIDE OF EL CAMINO REAL BETWEEN ELM AVENUE
EXTENDED AND CHESTNUT AVENUE. APPLICANT:
INVESTOR'S DEVELOPMENT AND MORTGAGE CORP.
WHEREAS, on November 12, 1974, the Carlsbad City Planning
Commission adopted Resolution No. 1117 recommending to the City
Council that Tentative Map (CT 74-14) be conditionally approved;
and
WHEREAS, the City Council of the City of Carlsbad, on
December 17, 1974, considered the recommendation of the Planning
Commission; and
WHEREAS, an Environmental Impact Report has been prepared
and discussed at duly noticed public hearings before the Planning
Commission and the City Council, and the final report has been
certified as complete in compliance with the requirements of the
City of Carlsbad Environmental Protection Ordinance of 1972;
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 74-14) is hereby approved sub-
ject to all applicable requirements of the Carlsbad Municipal
Code and to the satisfaction of the following conditions:
1. The final map shall be submitted for approval
within one year from the final action by the City Council
on the Tentative Subdivision Map. The final map shall
be in substantial conformance with the Tentative Sub-
division Map known as Exhibit D, dated November 12, 1974,
on file in the City of Carlsbad Planning Department.
2. 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 restrictions 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.
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3. All public improvements shall be made in conform-
ity with 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 systems shall meet the requirements of the
respective service districts.
4. All land and/or easements required by this ordi-
nance shall be granted to the City of Carlsbad without
cost to the City and free of all liens and encumbrances.
No easements shall be recorded prior to approval of the
final map unless approved by the City Engineer.
5. All utilities, including provisions for cable TV,
shall be placed underground.
6. Ornamental street lighting shall be provided for
as required by Municipal Code. The developer shall post
a bond and/or cash in the amount necessary to energize
said street lights for an 18-month period after construc-
tion to permit the incorporation of the subdivision into
a maintenance district. This shall be done prior to
approval of the final map.
7. The improvement plans shall include a report of
a geological investigation and a complete grading plan
of the entire site when required by the City Engineer.
The report and plan shall be prepared by a civil engineer
licensed by the State of California and experienced in
erosion control. Said engineer shall certify that he
has investigated the site and prepared data with full
consideration of the consequences to the included and
neighboring properties and conform to the standards of
the Geological Safety Element of the General Plan.
8. All slopes created as a result of this develop-
ment shall not exceed a 2:1 slope except as approved by
the City Engineer.
9. In order to provide for reasonable fire protec-
tion during the construction period the subdivider shall
maintain passable vehicular access to all buildings and
adequate fire hydrants with required fire flows, and dry-
stand pipes shall be installed prior to framing construc-
tion.
10. Park-in-lieu fees shall be granted to the City
concurrent with City Council approval of the final map.
11. Street trees when required by the City shall be
installed by the applicant at his expense. Trees shall
be of a type approved by the Parks Department and shall
be installed to their specifications. If removal of any
existing tree is required by the City, said removal shall
be at the applicant's expense. It shall be the respon-
sibility of the applicant to make all arrangements with
the Parks Department concerning the requirements of this
condition. These arrangements are to be made prior to
approval of the final map.
12. Street names shall be subject to approval and
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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 approval of the final
map.
13. The CC&R's for this development shall be sub-
mitted to the Planning Director for review and approval
prior to the approval of the final map.
14. Phase I, as shown, may be subdivided with singula:
access to existing Chestnut Avenue. Further subdivision
of any portion of the remainder of the approved Tentative
Map will be conditioned on the provision of a secondary
access to El Camino Real by way of the extension of Elm
Avenue. Access to Elm Avenue by extension of Templin
Road as a residential collector to Elm Avenue will meet
the requirements for secondary access to El Camino Real.
15. The applicant shall cause to be acquired a small
offsite parcel at the northwest corner of the intersection
of Caldwell Lane and Elm Avenue for the street right-of-
way purposes. It is understood that the City will
cooperate with any attempt to purchase the subject parcel.
16. No permanent sewage pump stations will be per-
mitted in any phase of development. Temporary pump
stations may be approved by the City Engineer if the sub-
divider guarantees,by suitable cash deposit,funds necessary
for the operation and maintenance of the temporary pump
station until a permanent gravity system is constructed.
Connection to the permanent gravity sewer system shall be
made by the subdivider at no cost to the City.
17. Provision for traffic signals shall be made in
accord with such City Council policy in that regard as
may be in effect when the final map is submitted for
approval.
18. All cul-de-sacs on the site shall have a maximum
length of 500 feet except as approved by the City Engineer
19. The applicant shall bond for half offsite con-
struction of Caldwell Lane and Elm Avenue as shown on the
tentative map.
20. The maximum allowable street grade through an
intersection will be 9%.
21. The applicant shall dedicate in fee title to
the City Lots A, B and D and open space easement over
Lot C concurrent with City Council approval of the final
map for Phase I.
The slope areas shown as the rear portion of
Lots 28-32, 35-40 and 43-50 shall be granted to-the City
as an open space easement prior to City Council approval
of the final map for Phase I.
The applicant shall provide the following within
these open space lots and easements prior to final map
approval for Phase I:
3.
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(a) Landscaping and a fully automated sprinkler
system acceptable to the Parks and. Recreation Director;
(b) A 10-foot-wide, maximum 7% grade asphaltic
concrete path extending from Chestnut Avenue and joining
the path on CT 74-4 at their mutual boundary.
The City will be responsible for maintenance and liability.
22. Alignment of A Street on CT 74-4 and Caldwell
Street shall occur prior to final map approval.
23. Property lines between lots shall be at the top
of the slopes.
C. That said Tentative Map, together with the provisions
for its design and improvement and subject to the above conditions.
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 7th day of January , 1975.,
by the following vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis and McComas
NOES: None
ABSENT: Councilman Skotnicki
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/ / / -^ ^ „./n'— -V . . / / '• y-?.± i L.-JT'?^ ,'?
'ROBERT C. FRAZEE, JJ'ayor
ATTEST:
r s~\ . s^'T' ,— 1/r • t ^& /A //// /tfJs,;U,7s /?. L/M^f'
MARGARET E. ADAMS, (City Clerk
V
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(SEAL)
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