HomeMy WebLinkAbout1975-07-15; City Council; 3417; Request for approval of SP-104CITY OF CARLSBAD
AGENDA BILL NO. 3417 Initial:
Dept.Hd.
DATE: July 15. 1975 . c> Atty.
DEPARTMENT: Planning C. Mgr.
Subject: Request for approval of amended Specific Plan SP-104 and for approval of
Tentative Subdivision Map CT 74-25.Applicant: Larwin-San Diego, Inc. (CT 74-25) and City Initiated (SP-104-A)
Statement of the Matter: The Planning Commission is recommending approval of
the proposed amendment to Specific Plan 104 and Tentative Subdivision Map CT 74-25,
for reasons outlined in Planning Commission Resolution Nos. 1161 and 1168. The
parcel is currently zoned Planned-Community and has an adopted Master Plan, MP-123,
adopted by City Council Ordinance 9315 of July 5, 1972.
See memorandum to City Manager dated July 10, 1975.
Exhibits: Memorandum to City Manager dated July 10, 1975
Planning Commission Resolution No. 1161
Planning Commission Resolution No. 1168
Staff Report dated July 9, 1975
Recommendation: Staff recommends that the requested amendment of Specific Plan 104
and the request for approval of Tentative Subdivision Map CT 74-25 be approved for
reasons and subject to the conditions outlined in Planning Commission Resolutions
Nos. 1161 and 1168. If the Council concurs with the Planning Commission action,
the Council should direct the City Attorney to prepare the necessary documents of
approval.
Council action
Following the Public Hearing,7-15-75 It was agreed that Condition #9 of Planning Commission Resolution
#1168 be changed to read "Alleys shall be a minimum of 24 ft.. . ."
rather than the 28 ft. recommended. Further, the Council adopted
Alternate #2 as the permanent alignment of Elm Avenue; and
the Council directed Specific Plan 104 be returned to the Planning
Commission for further* report.
The tentative subdivision map for Carlsbad Tract 74-25 was
considered, and the staff was instructed to prepare the documents
necessary for approval, incorporating the changes made to SP-104
and the conditions recommended in Planning Commission Resolution
#116-1.
MEMORANDUM
July 10, 1975
TO: CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT: REQUEST FOR APPROVAL OF AMENDED SPECIFIC PLAN
SP-104 AND FOR APPROVAL OF TENTATIVE SUBDIVISION
MAP CT 74-25
APPLICANT: LA'RHIN-SAN DIEGO, INC. (CT 74-25)
CITY OF CARLSBAD (Sp-104A)
The Planning Commission recommended denial without prejudice
CT 74-25 for reasons outlined in Planning Commission Resolution
1149 of April 22, 1975. City Council subsequently heard the appeal
on May 20, but continued the item with instruction to set the matter
before a public hearing on June 3, 1975. At the June 3 meeting, the
Council returned the matter to the Planning Commission with instruc-
tions to set the proposed tentative map (CT 74-25) and a proposed
amendment to Specific Plan SP-104 (City Council Ordinance 9324,
January 2, 1973) to public hearing.
Planning Commission held public hearing on the proposed specific
plan amendment and the proposed tentative map on June 25, 1975. The
staff was instructed to renotice both public hearings for July 9,
1975, since the June 25 hearing had been improperly noticed. The
Planning Commission held a properly noticed public hearing on July
9 on the subject specific plan amendment and tentative map. During
the hearing, Larwin's representative stated opposition to a number
of conditions contained within the specific plan, as well as conditions
contained in the tentative map. Larwin's comments were directed
specifically towards the requirement to increase alley widths from
24 ft. to 28 ft., the payment of park-in-1ieu fees in addition to
dedication of the 17 acres identified as park/open space on the
master plan and tentative map and the requirement for installation
of a fully signalized intersection at El Camino Real and Elm Avenue
with no guarantee of shared reimbursement. In each instance the
staff responded with reasons for the City requiring the conditions
as outlined.
The Planning Commission is recommending the specific plan and
tentative map be approved as presented by the staff with one exception;
the exception is that the developer would be required to participate
25% in the installation of the traffic signal at El Camino Real and
Elm Avenue.
Staff was also instructed to draft appropriate language for inclusion
in the Planning Commission Resolution that addresses the provision
of landscaping along the Elm Avenue right-of-way adjacent to the
parcel known as the frazee property in the event a retaining wall is
required.
Also that necessary provisions, are made by the City for enforce-
ment of proper grading, drainage, building practices, prior to
issuance of the building permit. The Commission also requested
that a condition be drafted that would require the applicant or
his successor in interest to request the City to enforce proper
sections of the California Vehicle Code for parking on private
streets within the development.
The matter has been duly noticed for City Council hearing on
both the specific plan and tentative map and are now properly before
the Council.
Any questions you have regarding this matter, please do not hesi-
tate to contact my office.
Donald
DAA/vb
PLANNING COMMISSION RESOLUTION NO. 1161
2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
THE TENTATIVE SUBDIVISION MAP REQUEST FOR 215 LOTS
OVER 47 ACRES LOCATED ON THE EAST SIDE OF EL CAMINO
4 REAL BETWEEN ELM AVENUE AND MARRON ROAD. CASE NO.
CT 74-25, APPLICANT: LARWIN-SAN DIEGO, INC.
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did on July 9, 1975 hold a duly noticed public hearing to consider
a request by Larwin-San Diego, Inc; and
WHEREAS, a verified application for a certain property, to wit:
10 A portion of Lot "J" in Rancho Agua Hedionda in the County of
San Diego, according to partitition map thereof No. 823 filed
11 with the San Diego County Recorder November 16, 1886, and
further described in the files of the Carlsbad City Planning
12 Department
13 has been filed with the City of Carlsbad and referred to the Planning
Commission; and
15 WHEREAS, said verified application constitutes a request as provided by
16 The "Carlsbad Municipal Code"; and
WHEREAS, the applicant has complied with the Public Facility Policy of the
18 City of Carlsbad and has provided the necessary information which insures
Public Facilities will be available concurrent with need; and
20 WHEREAS, the subject application has complied with the requirements of the
21 City of Carlsbad "Environmental Protection Ordinance of 1972" because:
22 a) An Environmental Impact Report was prepared for the Master Plan of
the proposed development in which the environmental impacts of the
proposed project were described and mitigating measures identified.
24 b) There are no substantial changes in the proposed project from the
Master Plan nor new environmental impacts not considered in the
25 previous reporti and
26 WHEREAS, the proposed map meets or performs the requirements or conditions
27 of the "Carlsbad Municipal Code" or the Subdivision Map Act; and
28 WHEREAS, at said hearing a staff report was presented and all persons
29 desiring to speak on the subject request were heard. At the conclusion of
30 Said hearing, after considering all the evidence presented, the Planning
!
31 Commission made certain findings and reached a decision on the request as
32 hereinafter set forth.
1 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
2 Carlsbad as follows:
3 A) That the above recitations are true and correct.
4 B) That the Planning Commission makes the following findings of fact:
5 1) The proposed map is consistent with the General Plan because:
6 a) it conforms with the Land Use designations of the General
Plan;
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b) the density of the proposed project (4.3 dwellings per acre
8 conforms with the density designated in the General Plan
(4-10 dwellings per acre);
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c) it provides park and open space areas according to the
10 guidelines of the General Plan.
11 2) That the design or improvement of the proposed subdivision is
consistent with the applicable Specific Plan because:
a) it establishes lots, roads, public facilities and open
13 spaces as designated in applicable specific plans.
C) That in view of the findings heretofore made and considering the
applicable law, the decision of the Planning Commission is to approve
Case No. CT 74-25, subject to the following conditions:
1) The Final Map shall be submitted for approval within eighteen
(18) months from the final action by the City Council on the
tentative subdivision map. The Final Map shall be in substant-
ial conformance of the tentative subdivision map known as
18 Exhibit A, dated February 3, 1975.
2) The development of the property described herein shall be
subject to the restrictions and limitations set forth herein
20 which are in addition to all the requirements, limitations,
and restrictions of all municipal ordinance and State and
Federal statutes.
22 3) All public improvements shall be made in conformity to the City
of Carlsbad Engineering Design Criteria and Standard Plans, the23 Subdivision Ordinance and other City Standards to the satis-
faction of the City Engineer, without cost to the City of
24 Carlsbad and free of all liens and encumbrances.
25 4) 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.
5) The improvement and grading plans shall include a report of a
geological investigation and a complete grading plan of the
28 entire site, when required by the City Engineer. The report
and plan shall be prepared by a civil engineer licensed by the29 State of California, and experienced in erosion control, who
shall be acceptable to the City Engineer. He shall certify30 that he has investigated the site and prepared data with full
consideration of the consequences to the included and31 neighboring properties and in conformance with the Geologic
and Seismic Safety Element of the General Plan.32
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11| 6) Dedications of public streets shall include a waiver of direct
access rights from lots shown on the final map as abutting there
2 on, except at locations approved by the City Engineer.
3 7) In order to provide for reasonable fire protection during the
construction period, the subdivider shall maintain passable
4 | vehicular access to all buildings and adequate fire hydrants
with required fire flows and dry-stand pipes shall be installed
5 prior to framing construction.
6 8) Park-In-Lieu fees shall be required for CT 74-25. Fees ($9,135)
shall be paid prior to recordation of the Final Map for CT 74-25
9) Park Land/Open Space as indicated on the Master Development
8 | Plan (MP-5), Exhibit C, dated June 19, 1975 and shown as Lot 496
on CT 74-25, Exhibit A, dated February 3, 1975, shall be
dedicated to the City concurrent with recordation of the Final
Map for CT 74-25.10 ||
10) The C.C.& R's for this development shall be submitted to the
Planning Director for review and approval prior to the approval
of Final Map.
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11) The Avedian Parcel (5 acres) and shown as Parcel A on Exhibit A,
131| dated February 3, 1975 shall be included within the boundaries
of the final Subdivision Map for CT 74-25.
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12) The applicant or his successor in interest shall irrigate and
landscape all graded slopes within each construction phase upon
completion of grading. Irrigation and landscaping shall be done
I6 to the satisfaction of the City Engineer and Parks and
Recreation Director.17 ii
13) Private manufactured and planted slopes and natural Open
Spaces shall be maintained by the applicant until such time as
., maintenance is performed by an established Homeowner's19 Ii Association.
^ J.
14) Street trees and a 10-ft. street tree maintenance easement shall
be required for Elm Avenue and Marron Road.
15) The following shall be granted to the City of Carlsbad before
any building permit will be issued for the development of the*
subject property:
a) All street improvement including water, sewer, underground
power and telephone, street tree planting, street light,
storm drain and any other improvements deemed necessary by25 the City Engineer shall be installed in conformance with
City Standards and indicated on an approved improvement26 plan, or bond posted in lieu of improvements, prior to the
issuance of a building permit.
b) A grading plan shall be submitted prior to the issuance of
° a building permit.
PQv 16) The applicant or his successor in interest shall landscape any
retaining wall constructed in connection with the improvement
of Elm Avenue. Said landscaping shall mitigate the appearance
3, of said wall to the satisfaction of the Parks and Recreation
Director and Planning Director.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad
Planning Commission held on July 9, 1975 by the following vote, to wit:
AYES: Commissioners Fikes, Jose, L'Heureux, Packard
NOES: None-
ABSENT: Commissioners Dominguez, Watson
ABSTAIN: None
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E. H. JOSE, JR., VICE-CHAIRMAN
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ATTEST:
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Donald A. Agatep, Secretary18
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PLANNING COMMISSION RESOLUTION NO. 1168
RESOLUTION OF THE PLANNING COMMISSION OF.THE CITY
OF CARLSBAD, CALIFORNIA, CONCERNING THE AMENDMENT
TO A SPECIFIC PLAN ALLOWING DEVELOPMENT OF 501 LOTS
ON 85.5 ACRES LOCATED ON THE EAST SIDE OF EL CAMINO
REAL BETWEEN ELM AVENUE AND MARRON ROAD. CASE NO.
SP-104(A), APPLICANT: LARWIN-SAN DIEGO, INC.
WHEREAS, a verified application for a certain property, to wit:
A portion of Lot "J" in Rancho Agua Hedionda in the County
of San Diego, according to partition map thereof No. 823
filed with the San Diego County Recorder November 1.6, 1886,
and further described in the files of the Carlsbad City
Planning Department; .
has been filed with the City of Carlsbad and referred to the Planning
Commission; and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the "Carlsbad Municipal Code"; and
WHEREAS, the public hearing was held at the time and in the place
specified in said notice on July 9, 1975; and
WHEREAS, the applicant has complied with the Public Facility Policy of
the City of Carlsbad and has provided the necessary information which insures
Public Facilities will be available concurrent with need; and
WHEREAS, the subject application has complied with the requirements of
the City of Carlsbad "Environmental Protection Ordinance of 1972", in that the
City Council has certified an EIR for the Master Plan of the proposed project
in which the environmental impacts of said project were described and mitigat-
ing measures identified; and in that there are no changes in said project from
the Master Plan nor changes in the environmental setting of the project; and
WHEREAS, at said public hearing, upon hearing and considering the
testimony and arguments, if any, of all persons who desired to be heard, said
Commission considered all factors relating to the Specific Plan and found the
following facts and reasons to exist:
1) The proposed Specific Plan is consistent with the General Plan
because:
a) The Land Use and Density conform to General Plan designations.
b) Provisions for open space and retention of the natural lands-
-' cape are provided for.
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c) A major road has been provided in conformance with the Circylm-
tion Element.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Carlsbad as follows:"
A) That the above recitations are true and correct.
B) That a Specific Plan is approved to allow development of 501 lots
on 85.5 acres located on the east side of El Camino Real between Elm
Avenue and Marron Road, zoned P-C, and subject to the following
conditions:
1) Ordinance No. 9324, adopting a Specific Plan on property lying
easterly of El Camino Real and southerly of Marron Road extens-
ion is hereby revoked.
2) The development of the property shall be subject to the restrict
ions and limitations set forth herein, which are in addition to
all requirements, limitations and restrictions of all municipal
ordinances and State and Federal statutes.
3) All public improvements shall be made in conformity with the
subdivision ordinance and other City standards to the satisfact-
ion of the City Engineer, without cost to the City of Carlsbad,
and free of all liens and encumbrances.
4) 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.
5) Elm Avenue shall be dedicated and improved as follows:
a) The Elm Avenue Right of Way as shown within the boundaries
of Exhibit B, dated July 9, 1975, shall be dedicated to
the City of Carlsbad upon the recordation of the final
subdivision map for the second phase of the development.
b) Elm Avenue shall be improved so as to provide for a 42 ft.
half street section where the Elm Avenue alignment is
partly within the boundaries of SP-104(A).
Elm Avenue shall be improved so as to provide for the full
84-ft. street section where the Elm Avenue alignment is
completely within the boundaries of SP-104(A). The public
improvements shall include a separate bicycle path on the
northerly side in place of the required sidewalk.
6) A realigned perpendicular intersection shall be constructed at
Appian Way and Elm Avenue. Appian Way shall be dedicated and
improved based on a 60 ft. full width within the tentative map
boundary and improved based on a 28 ft. minimum street section
south of the tentative map boundary to a point where it con-
forms with the existing alignment and grade of Appian Way. The
proposed realignment and improvement shall be subject to the
approval of the City Engineer.
7) The applicant or his sucessor in interest shall provide for
adequate ingress and egress on properties fronting on Appian
Way where said ingress and egress is eliminated due to the
realignment of Appian Way with Elm Avenue.
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The developer or his successor in interest shall enter into a
separate secured agreement guaranteeing payment of 1/4 of the
future traffic signals which will be required at the inter-
section of Elm Avenue and El Camino Real. The agreement shall
include 100% of the future traffic signal at Marron Road and
Avenida de Anita. The developer shall be reimbursed to the
extent authorized by law, by the developers to the north of
Marron Road for their proportional share of the Marron Road
Alleys shall be a minimum of 28 ft', in width, and there shall be
no physical encroachments upon or over them, including but not
limited to mail boxes or utility guard rails.
The qaraaes shall set back at least 4 ft. from the outside edge
of the alleys. Planter boxes, with a minimum dimension of 4 ft.;
shall be provided for each garage and landscaping and irrigation
shall be provided to the satisfaction of the Planning Director.
The offer of dedication of all alleys with the development shall
be rejected.
The developer shall provide hammerhead turnarounds as approved
by the City Engineer and Fire Chief at ends of alleys.
The applicant or his successor in interest shall cause all
hammerheads and alleys to be posted "No Parking". The applicant
or his successor in interest shall request the City of Carlsbad
to assist in the enforcement of parking and traffic control
ordinances as provided for in the appropriate sections of the '•
California State Motor'Vehicle Code.
Separate screened, accessible facilities for trailers, boats
and campers shall be provided within the second phase of the
subject development and shall be paved and landscaped in a
manner approved by the Planning Director.
A total of three parking spaces per dwelling unit shall be
ded. Two of these parking spaces shall be in private
es, and at least 25% of the remaining required spaces
shall be provided as off-street guest parking.
An application for an amendment to the Tiburon Master Develop-
ment Plan (MP-5) shall be submitted to the City for approval
prior to the issuance of building permits in subsequent phases.
The master plan amendment shall include the Avedian Parcel (5
acres), shown as Parcel A on Exhibit B, dated July 9, 1975, and
shall be designated as Park/Open Space. The density seven
dwelling units/acre may be transferred to the area designated
Area B Garden Apartments on MP-5, shown as Exhibit C, dated
June 19, 1975.
17) That parcel known as the Avedian property, shown as Parcel A on
Exhibit B, dated July 9, 1975, shall be dedicated as an open
space/recreation area upon the recordation of the final sub-
division map for the second phase of the development.
All new slopes created as a result of this development shall
not exceed a 2:1 slope, as recommended by the adopted Geologic
Hazards and Seismic Safety Element or unless otherwise approved
by the City Engineer and verified by appropriate soils reports.
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19) The applicant or his successor in interest shall irrigate and
landscape all graded slopes within each construction phase upon
completion of grading. Irrigation and landscaping shall be done
to the satisfaction of the City Engineer and Parks and
Recreation Director.
20) The exteriors of all private buildings, open spaces, and recrea-
tion facilities shall be maintained by an established home-
owners association.
21) Privately owned manufactured and planted slopes and privately-
owned Open Spaces shall be maintained by the applicant until
such time as maintenance is performed by an established Home-
Owner's Association.
22) The sidewalks normally placed adjacent to the curb on dedicated
streets shall be constructed in a meandering fashion and made a
part of the pedestrian traffic system for the project.
23) Portland cement concrete garage slabs shall be extended to the
alley right of way line.
24) All weather access shall be provided to all manholes and clean-
outs. Any water, sewer or storm drain lines installed in slopes
shall be placed normal to the slope.
25) All streets shall be named in accordance with the City street
naming policy.
26) Structures adjacent to El Camino Real will have red tile mansard
roofs in keeping with the Spanish trail concept of El Camino
Real.
27) The conditions, covenants and restrictions and provisions for
maintenance of the community spaces shall be approved by the
City Attorney prior to approval of any final subdivision map.
28) Construction of the model structures and related swimming pools,
recreation buildings, and other structures as indicated on the
model site detail will be permitted upon approval of this
Specific Plan by the City Council. Said structures are not to
be utilized for other than sales purposes until a final sub-
division map has been filed for the units involved.
29) All hydrants and additional fire appurtenances shall be install
ed as required by the Fire Department.
30) Street improvements as required by Ordinance shall be construct
ed in accordance with City standards, subject to the approval
of the City Engineer, on all streets within the development and
on Elm Avenue and Marron Road as in the required adopted Master
Plan for the subject property (MP-5, Ordinance 9315).
31) The underground drainage, water and sewerage systems are not
shown and are subject to modification and approval by the City
Engineer as part of final map improvement plans.
32) Sidewalks shall be provided to connect each dwelling unit to
major points of pedestrian attraction.. Materials to be used
shall be subject to approval of the staff.
33) The applicant's design for patio covers, as shown in Exhibit D,
dated June 19, 1975 shall be the only types of patio covers
permitted.
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34) Street trees and 10 ft. street-tree maintenance easements shall
be required for Elm Avenue and Marron Road.
35) 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.
36) Prior to the issuance of any building permits, the applicant or
his successor in interest and the City of Carlsbad shall ensure
that proper grading and drainage has been provided.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad
Planning Commission held on July 9, 1975 by the following vote, to wit:
AYES: Commissioners Fikes, Jose, L'Heureux, Packard, Watson
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
E. H. JOSE, JR., VICE-CHAIRMAN
ATTEST:
DonaTrf A. Agatep, Secretary
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CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF BACKGROUND REPORT
TO:
FROM:
REPORT ON:
APPLICANT:
July 9, 1975
PLANNING COMMISSION
PLANNING DEPARTMENT
SP-104(A)
CT 74-25 TIBURON
LARWIN-SAN DIEGO, INC.
7801 MISSION CENTER CT.
SAN DIEGO, CA. 92108
I. REQUEST; The applicant is requesting approval of a tentative
subdivision map for 215 lots on 47 acres. The proposed
application is a re-submission of the second phase of the
Tiburon development (CT 72-21) which expired in December,
1974. The City Council has also instructed staff to set the
original Specific Plan (SP-104) to public hearing for the
purposes of evaluating compliance with the provisions of
SP-104. The Staff report includes an analysis of both the
tentative map (CT 74-25) and the Specific Plan Revision
(SP-104(A).
The applicant proposes to build the remainder of the Larwin
Planned Community known as Tiburon according to the original
Specific Plan. The approval of the proposed map in accordance
with the ortginial Specific Plan would enable the construction
of 203 dwelling unit on the site.
Location and Description of Property:
Easterly of El Camino Real between Elm Avenue and Marron Road.
The site has been rough graded to accommodate the proposed
subdivision and is devoid of natural vegetation. Only grading
to achieve final grade is necessary prior to construction.
Zoning: Subject Property: P-C
North: C-2 and R-l-10,000
South: R-l-10,000
East: R-l-7,500
West: R-l-10,000
Surrounding Land Use:
land to the south and
north and fay the Grove
The project is surrounded by vacant
east, by commercial development to the
Apartments to the west.
D) History:
Tiburon: A tentative tract map on the subject property
was approved by City Council December 19, 1972, but
Phase II was never finaled and subsequently lapsed
December, 1974. The Phase II map was resubmitted
February 3, 1975 (new file No. CT 74-25) and first pre-
sented to the Commission on March 11, 1975. At that
time the applicant requested a two-week continuance, and a
further continuance on March 25, 1975, to resolve issues
relating to compliance to the adopted Specific Plan (SP-
104).
The Commission heard the application on April 22, 1975.
Staff's recommendation at that point was (1) table CT
74-25 and renotice at such time as the Elm Avenue align-
ment question was resolved; and (2) set to public hearing
a proposed amendment to the City's Specific Plan No. 104
adopted for Larwin (Tanglewood).
During the course of the hearing it was discovered that
tabling the item and not making a decision would mean
automatic approval due to the time limitation on the
hearing of subdivision maps. The Commission then moved to
deny the map without prejudice.
The application was heard by the City Council on May 20, 1975
Staff recommended that the matter be referred back to the
Planning Commission for public hearings, as prescribed by
the newly adopted subdivision ordinance #9417 (adopted
April 1, 1975), to solve the problems noted in staff's
recommendations to the Commission on April 22, 1975.
The Commission heard the Specific Plan amendment and
reheard the Tentative Tract application on June 25, 1975.
The Specific Plan amendment was adopted. During the hearing
of the tentative tract map it was discovered that the public
noticing was not complete and that consideration of both
items was illegal. These items are now back before the Comm-
ission, properly noticed.
Avedian Property: Following their acquisition of the Avedian
property, Larwin filed an application for a change of zone
(ZC 118), a Master Plan (MP-123), a Specific Plan (SP-121),
and tentative tract map (CT 73-21) on the property. During
the summer of 1973 Larwin negotiated with the City to
transfer density from the Avedian property to the Garden
Apartment area (Phase B) of the Tiburon Master Plan
(MP-5. Two letters from Larwin, dated August 22, 1973
and September 10, 1973, discussing the proposed density
transfer are appended to this report. Pursuant to the
latter letter, only the Zone Change application (ZC-118)
was acted upon, and was approved by City Council October 2,
1973. The Master Plan, Specific Plan -and Tentative Tract
Map applications were withdrawn at Larwin's request and have
not been acted upon.
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E) Environmental Impact Information: The City Council
certified an EIR for the original project approval.
Since the present application is for the same project,
and circumstances under which the project is to be built
has not changed, a new EIR is not required. Copies of
the original EIR will be made available to the Commission
prior to hearing.
F) General Plan Information: The Land Use Element of the
GeneralPlan designated the property as Residential
Medium density (4-10 DU/ac). The applicant's proposed
density for units 1 and 2 is 7 DU/acre.
6) Public Facilities: The City Engineering Department has
indicated that water and sewer Service is available to
serve the project. A letter from the Carlsbad Unified
School District has been attached stating that school
facilities will be available also.
H) Parks Ordinance Requirements: Condition No. 5 of Ordinance
9315 (attached), a master plan for Larwin (MP-5), required
the payment of park-in-lieu Fees ($21,870) and the offer
for dedication of 17.1 acres for Park Lands. Larwin paid
$12,735 with the recordation of Phase I of the Specific Plan
and now must pay $9,135 prior to the recordation of Phase
II (CT 74-25). In addition Larwin must dedicate to the City
the 17.1 acre parcel (lot 496 of CT 74-25) prior to the
recordation of CT 74-25 .
It must be noted that the 17.1 acre park site was a re-
quirement of the Master Development Plan Ordinance 9315 and
was a dedication over and above the requirements of the
Park Dedication Ordinance.
The Specific Plan Ordinance 9324, SP-104 (attached) required
the payment of fees prior to recordation of the final map
of each unit (Condition #7). The Specific Plan Ordinance also
required the dedication of the 17.1 acre parcel (prior to
occupancy of Phase B of the Master Development Plan
(Condition #8). The staff now is requiring the 17.1 acre
dedication prior to recordation of the final map for
CT 74-25. Since the 17.1 acres is a contiguious portion of
the townhouse development and is contained within the
boundaries of CT 74-25 it is logical to require dedication
at this time.
Since the Specific Plan was adopted, Larwin has acquired
the 5-acre parcel known as the Avedian property located
northerly of the intersection of Elm Avenue and Appian Road,
Parcel A on Exhibit A, dated June 19, 1975. Staff recommends
that this property be included within the final tract map
and that the applicant be required, as a condition of
Specific Plan approval, to file an application to amend
the Tifauron Master Plan and designate the Avedian property
as a park site. Staff also suggests that the density of
7 dwelling unts per acre be transferred to Phase B of the
Master Development Plan (The Garden Apartments).
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•III. MAJOR PLANNING CONSIDERATIONS:
(1) Does the project conform to adopted City Policies and
Standards regarding public facilities?
(2) Does the project provide useable parks and open space
areas as recommended in the General Plan?
AM/vb
6-30-75
ATTACHMENTS:
Letter dated July 1, 1975, from the Tiburon Carlsbad Homeowner's
Association
Exhibit A, June 19, 1975, Tentative Tract Map 74-25 (available
at hearing)
Exhibit B, July 9, 1975, Specific Plan Map (available at hearing).
Report from the City Engineer, dated juiy 9^ 1975 (attached)
Exhibit C, Master Plan Map (available at hearing)
Exhibit D, June 19, 1975, Patio Cover design (available at hearing)
-4-
CITY OF CARLSBAD ~
PLANNING DEPARTMEN.
DISCUSSION
July 9, 1975
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
REPORT ON: SP-104(A) and CT 74-25 TIBURON
APPLICANT: LARWIN-SAN DIEGO, INC.
7801 MISSION CENTER CT.
SAN DIEGO, CA 92108
At it's hearing June 25, 1975, the Commission expressed concern
over several functional problems in the project, as well as concern
over the procedural aspects of acting on the current and tentative
tract map applications in.view of the development's history.
Functional Problems:
The Planning Commission now has the opportunity to compare a
project as it exists on the ground {Tanglewood, Phase I) with
proposed project Tanglewood Phase II (CT 74-25, SP104A). During
review of the Phase II project, several problems were noted in
Phase I (these problems are described in the attached letter from
the Tiburon Carlsbad Homeowner's Association dated July 1, 1975).
Tne s-taff tsr in a position, to recommend solutions to problems noted
in Phase I, and is now firm in its requirements for the Elm Avenue
alignment and Improvements.
(1) The staff has evaluated alternative Elm Avenue alignments
and now is requiring the Elm Alignment and improvements
as shown on the proposed tentative subdivision Map
(CT 74-25) and Specific Plan (SP-104), for the reasons
indicated in the attached report from the Engineering
Department.
(2) The park site indicated on the Master Plan (MP-5) and
on the expired tentative map (CT 72-21) was not required
as part of the Phase I construction. However, the staff
is now requiring the park dedication as part of approval
of Phase II construction. Dedication of the park site
at this time is appropriate in view of the number of residents
to be living in close proximity to the site.
In addition, dedication of the Avedian property is being
required as part of approval of the second phase of develop-
ment. The property is surrounded on three sides by the
Tiburon project; its exclusion from the proposed tract
map would potentially deny the subject development the
timely use of the future park land by cutting off the 17
acre park site to the east from the dwelling units in the
second phase. Consequently staff feels it must be made
available for use by the time second" phase construction is
completed.
(3) On site inspection of the grading accomplished during
Phase I (the entire site) indicates that many of the
on-site slopes have not been landscaped for erosion
control. The Staff is requiring that landscaping be
accomplished concurrent with the completion of final
site grading (finish grade). However, maintenance of
manufactured and planted slopes is the responsibility of
the Homeowner's Association under private development
conditions 5 and 10 of the existing Specific Plans
(these conditions have been included in staff's recommend-
ed conditions for Specific Plan Amendment).
On site inspection of the project also indicates that
areas designated as natural slope on the Specific Plan may
have been graded.
(4) The 24' wide alleys have caused numerous complaints.
"No parking" restrictions have been hard.to enforce and
service vehicles have experienced difficulty in getting
past parked cars or other obstructions. In addition,
the alleys have been an eyesore with their tunnel-like
effect. Therefore, the staff is requiring 28' wide
alleys in Phase II of the Tanglewood:project, and is
requiring the provision of 3 parking spaces per dwelling
unit in any future development of the project. Widening
of the alleys to 28' will provide a minimum travel width
(20 ft) plus a parking lane (8ft.). The provision of
3 parking spaces per dwelling unit (i.e., 1 additional guest
parking space) is reasonable in view of the current minimum
parking requirements in the P-C Zone. Two off-street
spaces per unit are required, and an additional one and one-
half spaces per two dwelling units are required for guest
parking. Some dwelling units are in excess of three
hundred feet away from the guest parking areas shown on the
tentative tract map. Staff recommends that at a minimum
one parking space per four dwelling units be provided as off-
street guest parking and that three spaces per four dwelling
units be provided as on-street guest parking.
(5) Screened facilities for trailers, boats and campers have
not been provided, with the result that they are currently
parked on vacant building pads. Therefore, staff is also
requiring that an accessible screened parking facility
for trailers, boats and campers be provided within Phase II.
Council requested a review of the Specific Plan prior to
approving further development. Staff feels that the above
problems can be largely avoided in Phase II through adherence
to the recommended conditions of approval.
Procedural Aspects: Staff recommends that the Commission focus its
consideration of the application on the Specific Plan amendment and
treat the tentative tract map as an implementation tool. To this end
staff has reorganized the original specific Plan, the conditions of
approval for the Specific Plan Amendment and Tentative Tract Map
into a new specific plan. A condition of this^new specific plan then
is to revoke the ordinance adopting the original specific plan. Any
tentative tract map submitted (including that currently under considera-
tion) must then conform to the amended Specific Plan to be approved.
AM/vb
CITY OF CARLSBAD
PLANNING DEPARTMENT
RECOMMENDATIONS
July 9, 1975
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
REPORT ON: SP-104(A)
CT 74-25 TIBURON
APPLICANT: LARWIN-SAN DIEGO, INC.
7801 MISSION CENTER CT.
SAN DIEGO, CA 92108
RECOMMENDATIONS AND FINDINGS:
Staff recommends that Specific Plan 104(A) be approved subject to
the following conditions:
(1} Ordinance No. 9324, adopting a Specific Plan on property
lying easterly of El Camino Real and southerly of Marron
Road Extension is hereby revoked.
(2) The development of the property shall be subject to the
restrictions and limitations set forth herein, which
are in addition to all requirements, 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 char-
acteristics of adjacent properties.
(3; 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 encumbrances.
(4) 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.
( 5] Elm Avenue shall be dedicated and improved as follows:
(a) The Elm Avenue Right of Way as shown within -tBe,. boundaries
of Exhibits, dated July 9, 1975, shall be dedicated
to the City of Carlsbad upon the recordation of the
final subdivision map for the second phase of the
development.
(b) Elm Avenue shall be improved so as to provide for a
42 ft. half street section where the Elm Avenue align-
ment is partly within the boundaries of SP-104(A).
Elm Avenue shall be improved so as to provide for the
full 84 foot street section where the Elm Avenue
alignment is completely wtthin the b. oundaries of
SP-104(A). The public improvements shall include a
separate bicycle path on the northerly side in place
of the required sidewalk.
(6)- A realigned perpendicular intersection shall be construct-
ed at Appian Way and Elm Avenue. Appian Way shall be
'dedicated and improved based on a 60 foot full width
within the tentative map boundary and improved based
on a 28 foot minimum street section south of the
tentative map boundary to a point where it conforms
with the existing alignment an-d grade of Appian Way.
The proposed realignment and improvement shall be
subject to the approval of the City Engineer. •
(7) The developer shall enter into a separate secured
agreement guaranteeing payment of % of the future
traffic signals which will be required at the inter-
section of Elm Avenue and El Camino Real. The agree-
ment shall include 100% of the future traffic signal
at Marron Road and Avenida de Anita. The developer
shall be reimbursed to the extent authorized by law,
'by the developers to the north of Marron, Road for their
proportional share of the Marron Road signal.
(8) Alleys shall be a minimum of 28 ft. in width, and
there shall be no physical encroachments .upon or
over them, including but not limited to mail boxes
or uti1i ty guard rai1s .
(9) The garages shall set back at least 4' from the.out-
side edge of the alleys. Planter box, with a minimum
dimension of 4' shall be provided for each garage and
. landscape and irrigation shall be provided to the
satisfaction of the Planning Director.
(10) The dedication of all alleys with the development shall
be rejected.
(1 1) The developer shall provide hammerhead turnarounds as
approved by the City Engineer and Fire Chief at ends of
al1eys .
(12) All hammerheads shall be posted "no parking".
(13) Separate screened, accessible facilities for trailers,
boats and campers shall be provided within the second
phase of the subject development and shall be payed
and landscaped in a manner approved by the Planning Director
(14) A total of 3 parking spaces per dwelling unit shall be
provided. Of this total, at least 25 spaces per unit
shall be provided as off-street guest parking.
(IS) An application for an amendment to the Tiburon Master
Development Plan (MP-5) shall be submitted to the City
for approval within six months of the City Council
approval of SP-104(A). The master plan amendment shall
include the Avedian Parcel ( 5 acres), shown as Parcel
A on Exhibit A, dated June 19, 1975, and shall be
designated as Park/Open Space. The.density seven
dwelling units/acre may be transferred to the area
designated Area B Garden Apartments on MP-5, shown as
Exhibit C, dated June , , 1975.
(1 5) That parcel known as the Avedian property, shown as Par
A on Exhibit A, dated June 19, 1975, shall be dedicatee
as an open space/recreation area upon the recordation
of the final subdivision map for the second phase of
the development.
(17) In lieu fees shall be paid prior to final map approval
for each unit.
(18) All new slopes created as a result of this develop-
ment shall not exceed a 2:1 slope, as recommended by
the adopted Geologic Hazards and Seismic Safety Element
or unless otherwise approved by the City Engineer and
verified by appropriate soils reports.
(19j The applicant shall irrigate and landscape all graded
slopes within the subdivision upon completion of
grading. Irrigation and landscaping shall be done
to the satisfaction of the City Engineer and Parks and
Recreation Director.
(20) The exteriors of all buildings, open spaces, and recrea-
tion facilities shall be maintained by an established
homeowners association.
(2,1) Manufactured and planted slopes shall be maintained
by an established Homeowner's Association.
(2.2) Manufactured and planted slopes, and natural Open
Spaces shall be maintained by the applicant until
such time as maintenance is performed by an established
Homeowner's Association.
(23) The sidewalks normally placed adjacent to the curb on
dedicated streets shall be constructed in a meandering
fashfon and made a part of the pedestrian traffic system
for the project.
(24) Portland cement concrete garage slabs shall be extended
to the alley right of way line.
(25) All weather access shall be provided to all manholes
and cleanouts. Any water, sewer or storm drain lines
installed in slopes shall be placed normal to the slope.
(26) All streets shall be named in accordance with the City
street naming policy.
(27) Structures adjacent to El Camino Real will have red tile
mansard roofs thus keeping with the Spanish trail con-
cept of El Camino Real.
(28) The conditions, covenants and restrictions and pro-
visions for maintenance of the community spaces shall
be approved by the City Attorney prior to approval
of any final subdivision map. „
-3-
(2g) Construction of the model structures and related
swimming pools, recreation.buiIdings, and other
structures as indicated on the model site detail
will be permitted upon approval of this Specific
Plan by the City Council. Said structures are not
to be utilized for other than sales purposes until
a final subdivision map has been filed for the units
involved.
(30) All hydrants and additional fire appurtenances shall
be installed as required by the Fire Department.
(.31) Street improvements as required by Ordinance shall be
constructed in accordance with City standards, sub-
ject to the approval of the City Engineer, on all
streets within the development and on Elm Avenue
and Marron Road as in the required adopted Master
Plan for the subject property (MP-5, Ordinance
9315).
(32) The underground drainage, water, and sewerage systems
are not shown and are subject to modification and
approval by the City Engineer as part of final map
improvement plans.
(33) Sidewalks shall be provided to connect each dwelling
unit to major points of pedestrian attraction. Materials
to be used shall be subject to approval of the staff.
(3.4) The applicant's design for patio covers, as shown in
Exhlh*4" ^ Aa + r*A lima TO 1O7C <-k-=,11 kn 4- U „ nn1..
types
The applicant's design for patio covers, as shown
Exhibit D, dated June 19, 1975, shall be the only
iypes of patio covers permitted.
(35) Provision shall be made for the future installation
of cable TV as follows:
a.) Conduit and pole boxas shall be installed to
serve each dwelling as may be required by the City.
b) Each dwelling shall be designed to facilitate the
future installation of signal cable.
c) The developer shall be reimbursed to the extent
authorized by law for the cost of installation
of items "a" and "b" by the City franchised user of
the facilities.
C36) Street trees and 10 foot easements shall be required for
Elm Avenue and Marron Road.
-4-
(35) The following shall be granted to the City of
Carlsbad before any building permit will be issued
for the development of the subject property:
a) All street improvement including water, sewer,
underground power and telephone, street tree
planting, street light, storm drain and any
other improvements deemed necessary b"/ the City
Engineer shall be installed in conformance with
City Standards and indicated on an approved
improvement plan, or bond posted in lieu of
improvements, prior to the issuance of a building
permit.
b) All lands necessary for street widening shall be
dedicated to the City of Carlsbad prior to
approval of said improvement plan.
c) A grading plan shall be submitted prior to the
issuance of a building permit.
(36) 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.
Staff recommends that Tentative Tract Map CT 74-25 be approved
subject to the following conditions:
(1) The Final Map shall be submitted for approval within
eighteen (18) months from the final action by the City
Council on the tentative subdivision map. The Final Map
shall be in substantial conformance of the tentative
subdivision map known as Exhibit A, dated February 3, 1975.
(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 requirements,
limitations, and restrictions of all municipal ordinance
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.
(3) 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
(4) 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.
*
-5-
(5) The improvement and grading plans shall include a report
of a geological investigatton 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, who shall be acceptable
to the City Engineer. He shall certify that he has
investigated the site and prepared data with full con-
sideration of the consequences to the included and
neighboring properties and in conformance with the
Geologic and Seismic Safety Element of the General Plan.
(6) Dedications of public streets shall include a waiver of
direct access rights from lots shown on the final map as
abutting thereon, except at locations approved by the
City Engineer.
(7) In order to provide for reasonable fire protection
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
construction.
(8) Park-In-Lieu fees shall be required for CT 74-25. Fees
($9,135.) shall be paid prior to recordation of the Final
Map for CT 74-25.
(9) Park Land/Open Space as indicated on the Master Development
Plan (MP-5), Exhibit B, dated June 19, 1975 and shown as
Lot 496 on CT 74-25, Exhibit A, dated February 3, 1975,
shall be dedicated to the City prior to recordation of the
Final Map for CT 74-25.
(10) The CC&R's for this development shall be submitted to the
Planning Director for review and approval prior to the
approval of Final Map.
(11) The Avedian Parcel (5 acres) and shown as Parcel A
on Exhibit A, dated February 3, 1975 shall be included
within the boundaries of the final Subdivistn Map for
CT 74-25.
AM/vb
7-3-75
June 19, 1975
MEMORANDUM
TO: Planning Commission
FROM: City Engineer
SUBJECT: Elm Avenue Alignment Study - SP 10** (A)
Because of a conflict between two proposed tentative maps (CT7^-5A,
developer-Carlsbad Development Corporation, formerly SLS-B and CT74-25,
developer-Larwin,San Diego) over the alignment of Elm Avenue, east
of El Camino Real, the City Council directed staff to re-study the
alignment of Elm Avenue as adopted by SP ]Qk in December, 1972.
Two alignments were studied.
Alternate 1: is the alignment that was adopted by the City and par-
tially constructed by Larwin in early 1973.
Alternate 2: is an alignment that shifts the centerline a distance of
40 feet northerly from the adopted alignment at the point where Elm
abuts the westerly property line of the proposed CT7^-5A tentative
map. This alignment matches the alignment of Elm that is proposed by
Carlsbad Development Corporation.
Based on these two alignments, several meetings have been held by
various members of the staff with the developers of these two proposed
subdivisions (namely Larwin and Carlsbad Development Corporation). It
is important to note that because the only potential change to the
existing adopted alignment would not adversely affect any other adja-
cent property owner, most of the discussions have centered on the pend-
ing tentative map applications.
A comparison of the two alternate alignments is attached as "Exhibit
101",
Analyzing the "best" alignment could be done from several viewpoints.
Considerations of legal questions (i.e. Is the SP ]Qk valid?, What
prior rights can be attached to grading permits approved by the City?,
etc.) tend to cloud decisions as to which alternate is best. This
report will limit itself to analysis of the two alternates from an
engineering viewpoint.
Engineering Analysis
The two alternatives are so similar as to design, that the finished
product of each alternate is substantially identical with respect to
safety and driveability from the publics viewpoint.
Two different considerations are appropriate: *
MEMORANDUM, Planning Commission
June 19, 1975
Page 2
1. What is the best alternative based on conditions as they exist in
the field today?
2. What is the best alternative based on conditions as they existed
three years ago?
Based on topographic conditions in 1972 and assuming that all costs
would be shared by those properties immediately abutting the road and
including costs of road construction and right of way already expended,
the following is noted:
Construction Costs
Property Owner Alternate 1 Alternate 2
Larwin $558,000.00 $619,500.00
CDC 85,000.00 25,000.00
Felkins 120,000.00 90,000.00
Others 89.000.00 85.000.00
$852,000.00 §819,500.00
ft should be noted that approximately $369,000.00 worth of Elm Avenue
has already been provided by Larwin as well as $10,000.00 + of right
of way and slope easements from Felkins, and $5,000 ± slope easements
from CDC. An additional $468,000.00 would be required to complete
the roadway for Alternate 1 and $435,500.00 for Alternate 2. Alter-
nate 2 appears to be a less expensive alignment by $32,500.00 (approx-
imately 96% of the cost of Alternate 1).
These estimates do not include any estimate of costs for condemnation
of right of way, engineering design, or inspection and overhead.
If the original alignment is maintained,C D C property will have two
less buildable lots. If the alignment is shifted (Alternate 2) Larwin
will have two less buildable lots.
Should the five acre Avedian parcel "remainder" be dedicated as a City
Park on open space, (Alternate 1) is preferable from a park standpoint.
Alternate 2 splits the parcel more and leaves very little near level
ground on the north side of Elm.
Except for some potential lessening of street improvement costs by
property owners southerly of the existing specific plan alignment with
a corresponding increase in street improvement costs by Larwin, a
shift of alignment from the adopted alignment 1 to the Alternate 2
does not appear to be warranted.
It is recommended that no change be made at this time, in the horizontal
alignment of Elm Avenue as shown on the wall exhibit labeled Alternate 1
and dated June 19, 1975.
Tim Flanagan,C/y Engineer