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HomeMy WebLinkAbout1975-08-05; City Council; 3417-1; Request for approval of amended plan SP-1047CITY OF CARLSBAD —" v '^ AGENDA BILL NO. 3417 - Supplement No. 1 Initial: Dept.Hd. DATE: August 5, 1975 c. AttyAjj^ DEPARTMENT: City Attorney 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-1Q4A) Statement of the Matter The City Council at your meeting of July 15, 1975, directed the City Attorney to prepare the necessary documents approving Tentative Map (CT 74-25). A resolution approving the Tentative Map is attached. The Council also indicated its intent to revise some of the recommended conditions of approval of the proposed amended Specific Plan (SP-104A) and referred the matter to the Planning Commission for report. The Planning Director's memo- randum containing that report is attached. To allow concurrent Council action, the Ordinance adopting Specific Plan (SP-104A) is attached. If the Council desires to make any changes in the OJtdananse as a result of the Planning Commission report, they can be included as a part of the Council's action to introduce the Ordinance . Exhibit Resolution No. ^7 & b approving Tentative Map (CT 74-25) . .' 7 Planning Director's repprt on Planning Commission's action on the referral back. "\ Ordinance No. * -adopting Specific Plan (SP-104A) . Letter from Larwin to City Council dated July 28, 1975. Recommendation If the Council desires to adopt Specific Plan (SP-104A) , your action is to introduce Ordinance No . VJ?^? If the Council desires to approve Tentative Map (CT 74-25) , your action is to adopt Resolution No. £ T 0b Council action 8-5-75 It was agreed that the proposed amendment to the Specific Plan (SP (SP-104A) be reset for public hearing and the staff was instructed to return with a report on the applicant's proposal. It was further agreed that the action on the tentative map be continued until the Specific Plan has been resolved, with the concurrence' of Mr. Anderson, representing Larwin. (pending the outcome of the proposed Specific Plan Amendment). 1 2 3 4 5 6 7 RESOLUTION NO. 3706 o m du-es oit £fc.gz" E It u ii>o 3 ui o 8 0cs <j*~ m(/] 10 11 12 13 14 15 .17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS'TENTATIVE MAP (CT 74-25) FOR 215 LOTS ON 47 ACRES LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN ELM •AVENUE AND MARRON ROAD. APPLICANT: LARWIN- SAN DIEGO, INC. - WHEREAS, on July 9, 1975, the Carlsbad City Planning Commission adopted Resolution No. 1161 recommending to the City Council that Tentative Map (CT 74-25) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on July 15, 1975, considered the recommendation of the Planning Commission; and WHEREAS, an Environmental Impact Report was certified as complete for a previously issued entitlement for this project, and the Planning Director has found the Tentative.Map (CT 74-25) to be in prior compliance with 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 said Tentative Map, together with the provisions for its design and improvement and subject to the conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. C. That the findings of the Planning Commission, in Resolution No. 1161, constitute the findings of the City Council in this matter. Q COCO 00 • (C r3oc < o>VINCENT F. BIONDO. JATTORNEY - CITY OF'C1200 ELM AVENUEIARLSBAD, CALIFORNIAo 1 2 3 4 5 6 7 e. 9 10 11 12 13 14 15 16 .17 18 19 20 21 22 23 24 25 26 27 28 • D. That Tentative Map (CT 74-25) is hereby approved subject 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 eighteen months from the final action by the City Council on the tentative subdivision map. The Final Map shall be in substantial conformance with the tentative subdivision map, marked Exhibit A, dated February 3, 1975, on file with the City Clerk and incorporated by reference herein. 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 ordinances, and State and Federal statutes. 3. All public improvements shall be made in conformity with the City of Carlsbad Standard and the Subdivision Ordinance 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 for this subdivision 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 entire site, if 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 main- tain passable vehicular access to all buildings and ade- quate 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 approval of the Final Map for CT 74-25. 2. 1 •2 3 4 5 6 7 8 9 10 11 12 I 13 i -i4 i 15 £|»d 16LU 2 (N <J 17 Q CO 18 19 20 21 22 23 24 25 26 27 28 9. The Park Land/Open Space as indicated on the Master Development Plan (MP-5), marked Exhibit C, dated June 19, 1975, on file with the City Clerk and incorporated by reference herein, and shown as Lot 496 on Exhibit A, shall be dedicated to the City concurrent with recordation of the Final Map for CT 74-25. 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. 11. The Avedian Parcel (5 acres), shown as Parcel A on Exhibit A, shall be 'included within the boundaries of the Final Map for CT 74-25, and dedicated for roadway, open space and recreation purposes upon the recordation of the Final Map. Prior to Final Map approval, the developer shall process an amendment to the Tanglewood (formerly Tiburon) Master Plan (MP-5) to include the Avedian Parcel which shall be designated as Park/Open Space. The density for such parcel, seven dwelling units/acre, may be trans- ferred to the area designated Area B Garden Apartments on the Master Plan, marked Exhibit C, dated June 19, 1975, on file with the City Clerk and incorporated by reference herein. 12. The applicant or his successor in interest shall irri- gate and landscape all graded slopes to the satisfaction of the City Engineer. 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's association. 14. Street trees and a 10-ft. street tree maintenance ease- ment shall be required for Elm Avenue and Marron Road. 15. If a retaining wall is required by the City Engineer in connection with the improvement of Elm Avenue, the wall shall be landscaped to the satisfaction of the Parks and Recreation Director. 16. The Elm Avenue .Right-of-Way as shown in Exhibit , dated ,' shall be dedicated to the City of Carlsbad upon the recordation of the Final Map for CT 74-25, 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-104A. 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-104A. The public improvements shall include a separate bicycle path on the northerly side in place of the required sidewalk. !-• 3. ONDO. JR.fY OF CARLSBADVENUE:ORNIA 92008VINCENT F. BlCITY ATTORNEY - CH1200 ELM ACARLSBAD, CALIF1 '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 17. A realigned perpendicular intersection shall be con- structed 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 conforms with the exist- ing alignment and grade of Appian Way. The proposed realignment and improvement shall be subject to the approval . of the City Engineer. 18. The developer or his successor in interest shall enter into a secured agreement guaranteeing payment of 1/4 of the cost of future traffic "signals which will be required at the intersection of Elm Avenue and El Camino Real, and 100% of the cost: of the future traffic signals at Marron Road and Avenida de Anita. The developer shall be reim- bursed to the extent authorized by law, by the developers to the north of Marron Road for their proportional share of the Marron Road signal. Said agreement shall be executed prior to approval of the Final Map for CT 74-25. 19. This approval shall be effective upon the effective date of Ordinance No. adopting Specific Plan (SP-104A) . . PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the ' day of ,1975, by the following vote, to wit: AYES: . NOES: . ABSENT : ROBERT C. FRAZEE, Mayor ATTEST: . MARGARET E. ADAMS, City Clerk (SEAL) 4. o<03 J < Sgo 3 Z% Ml ^"£it> o 1 2 3 4 5 6 7 8 9 10 11 12 8 13 | 14 § 15 a- 16 1 17 18 19 20 21 22 23 24 25 26 27 28 ©FINANCE NO. 9433 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA REPEALING ORDINANCE NO. 9324 AND ADOPTING AN AMENDED SPECIFIC PLAN (SP-104A) FOR DEVELOPMENT OF 501 LOTS ON 85.5 ACRES LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN ELM AVENUE AND MARRON ROAD. The City Council of the City of Carlsbad, California, does» ordain as follows: SECTION 1: An amended Specific Plan (SP-104A) is hereby adopted for development of 501 lots on 85.5 acres located on the east side of El Camino Real between Elm Avenue and Marron Road, more particularly described as: 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 16, 1886. said plan to consist of a plot plan marked Exhibit B to SP-104A, dated July 9, 1975, 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-104A) is justified by the following findings: •> 1. Conformance. of the revised Specific Plan to the approved Master Plan and to the General Plari. 2. Conformance of the revised Specific Plan to all re- quirements of the Municipal Code requirements applicable to property located in the Planned Community Zone. \ 3. Conformance of the precise development to the existing and proposed development in the area. Q 1 8_: 5 N 3r < o>VINCENT F. BIONDO, JATTORNEY - CITY OF'C1200 ELM AVENUE:ARLSBAD, CALIFORNIAo 1 2 3 4 5 6 7 & 9 10 11 12 13 14 15 16 • 17 18 19 20 21 22 23 24 25 26 27 28 4. Revisions in the Specific Plan are necessary to clarify the original intent of the Master Plan to require the provision of adequate park and recreational land and to ensure the construction of on and off site road access to serve the residents.of the development. . 5. A review of a portion of the project constructed to date reveals problems with a lack of adequate resident and guest parking and drainage which must be remedied. 6. The partial grading and construction of Elm Avenue has revealed after study that a minor shift in alignment is necessary which can be accomplished without substantially affecting the development. Any reduction of proposed units resulting from the shift in alignment can be made up through an increase in density in other areas of the development. The new alignment is necessary to minimize the required amount of grading, reduce the overall cost of construction and mitigate the adverse effects of the road construction on adjacent property owners. 7. The traffic to be generated by the development will necessitate traffic signals in advance of general city need and the developer should be required to contribute to such signals in an amount consistent with that required from other similarly situated developments in the City. 8. The revised Specific Plan is consistent with the General Plan in terms of land use, density, and circulation and the conditions of its approval are necessary to ensure compliance with the public facilities element of the plan. SECTION 3: Development Conditions. The Specific Plan (SP-104A) is approved subject to the following conditions and 2. o 2 CO V <r1 !, uj -f:mu<u > o tr <CJ 2 3 9 10 11 12 13 14 15 h- > _ . n cz. •£ 8 a .16 O o: ~ ^ z° " 17 18 19 20 21 22 23 24 25 26 27 28 restrictions, and the development of the property, as described in Section 1 hereof, shall be subject to all such conditions and restrictions which are in addition to all requirements, limitations and restrictions of all municipal ordinances and State and Federal laws now .in force or which may hereafter be in force: 1. The approval of this Specific Plan (SP-104A) is granted for land described in the application and any attachments thereto, and as shown on the Specific Plan marked Exhibit B, dated July 9, 1975, on file with the City Clerk and incorporated by reference herein. The location of all buildings, fences, signs, roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on said Specific Plan unless indicated otherwise herein. 2. : 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 en- cumbrances . 3. 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. 4. The Elm Avenue Right-of-Way as shown.in Exhibit _E , dated 6-19-75 , shall be dedicated to the City of Carlsbad upon the recordation of the Final Map for the second phase of the development. 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-104A. Elm Avenue shall be improved so as to provde for the full 84 ft. street section where the Elm Avenue alignment is completely within the boundaries of SP-104A. The public improvements shall include a separate bicycle path on the northerly side in place of the required sidewalk. All improvements to Elm Avenue shall be constructed or their construction guaranteed by a secured agreement prior to . approval of the Final Map for the second phase of the development. 5. A realigned perpendicular intersection shall be con- structed 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 conforms with the existing alignment and grade of Appian Way.. The proposed realignment and improvement shall be subject to the approval of the 3. Q Of? du. 1 •2 3 4 5 6 7 8 9 10 11 12 13 14 s£<i 15 2 g 8d 16 111 17*c < £ ° 18 19 20 21 22 23 24 25 26 27 28 City Engineer and shall be constructed or its construction guaranteed by a secured agreement prior to approval of the Final Map for the second phase of the development. 6. The applicant or his successor 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. 7. The developer or his successor in interest shall enter into a secured agreement guaranteeing payment of 1/4 of the cost of the future traffic signals which will be required at the intersection of Elm Avenue and El Camino Real, and 100% of the cost of the future traffic signals at Marron Road and Avenido de Anita. The developer shall be reim- bursed to the extent authorized by law, by the developers to the north of Marron Road for their proportional share of the Marron Road signal. Said agreement shall be executed prior to recordation of the Final Map for the second phase of the development. 8. Street improvements as required by Ordinance shall be constructed 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 shown in Master Plan for the subject property (MP-5, Ordinance 9315) and (SP-104A). 9. Alleys shall be a minimum of 24 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. 10. The offer of dedication of all alleys with the develop- ment shall be rejected. 11. The garages 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 satis- faction of the Planning Director. 12. Portland cement concrete garage slabs shall be extended to the alley right of way line. 13. Parking shall be provided as follows: a. Within the boundaries of Phase I of SP-104A, CT 72-21 (Final Map 7651) a ratio of 2.75 spaces per dwelling unit shall be provided. b. Within the boundaries of Phase II of SP-104A, a ratio of 3.00 spaces per dwelling unit shall be pro- vided. Two of these parking spaces shall be in private garages, and at least 25% of the remaining required 4. 1 •2 3 4 5 6 7 8 9 10 11 12Q § | 13 Sj< S 8"Ssi 14 = 5Jjj§ 15 t £ « . nj Z CM rfo oc - 5 16 >g I 17 t ° 18 19 20 21 22 23 24 25 26 27 28 spaces shall be provided as off street guest parking. 14. 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. 15. The developer shall provide'hammerhead turnarounds as approved by the City. Engineer at ends of alleys. 16. The applicant or his successor in interest shall cause all hammerhead turnarounds and alleys to be posted "No Parking". The applicant or^ his successor in interest shall reguest the City of Carlsbad to assist in the enforcement of parking and traffic control ordinances as provided in the appropriate sections of the California Vehicle Code. 17. The parcel known as the Avedian property, shown as Parcel A, on Exhibit B, shall be included within SP-104A and shall be dedicated for roadway, open space and recreation purposes upon the recordation of the Final Map for the second phase of the development. 18. The developer shall process an amendment to the Tanglewood (formerly Tiburon) Development Plan (MP-5) prior to approval of the Final Map for the second phase of the development. The master plan as amended shall include the Avedian Parcel (5 acres), shown as Parcel A on Exhibib B, which shall be designated as Park/Open Space. The density for such parcel, seven dwelling units/acre, may be trans- ferred to the area designated Area B Garden Apartments on MP-5, marked as Exhibit C, dated June 19, 1975, on file with the City Clerk"and incorporated by reference herein. 19. All slopes created as a result of this development and after the effective date of this Ordinance 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. 20. The applicant or his successor in "interest shall irrigate and landscape all graded slopes within each con- struction phase upon completion of grading. Irrigation and landscaping shall be done to the satisfaction of the City Engineer. 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 Homeowner's Association. 22. 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. 5. a m ••S3 5I'sli ^ x_ **• f~*l°£ $£ :°3g. 111 O £|som Z OJ rf " £•5S5E*r 2SBA0 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 23. 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. • 24. The exteriors of all private buildings, privately owned open spaces, and recreational facilities shall be maintained by an established homeowner's association. 25. 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 Map has been filed for the units involved. 26. The underground drainage, water and sewerage systems are not shown and are subject to modification and approval by the City Engineer. 27. All streets shall be named in accordance with the City street naming policy. 28. All hydrants and additional fire appurtenances shall be installed as required by the Fire Department. 29. Structures adjacent to El Camino Real will have red tile mansard roofs in keeping with the Spanish trail con-- cept of El Camino Real. « 30. 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. 31. 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. 32. Street trees and 10 ft. street-tree maintenance ease- ments shall be required for Elm Avenue and Marron Road. . • • • 33. 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 Map. 34. 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. \ 35. 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. 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 111 17 Q CO E? o 18 19 20 21 22 23 24 25 26 27 28 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. SECTION: 5: Ordinance No. 9324 is repealed. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of , 1975, and thereafter. • . PASSED AND ADOPTED at a regular meeting of said Council held on the day of , 1975, by the following vote, to wit: AYES: . NOES: ABSENT: ROBERT C. FRAZEE, Mayor ATTEST: MARGARET E. ADAMS, City Clerk (SEAL)