Loading...
HomeMy WebLinkAbout1975-09-02; City Council; 3417-2; Request for approval of amended plan SP-104CITY OF CARLSBAD AGENDA BILL NO. 3417 - Supplement #2 Initial:, DATE; September 2," 19?5 Dept.Hd.i DEPARTMENT; Planning - • _ „ |5C. Mgr. T\ Subject: Request for Approval of Amended Specific Plan (SP-TO 4^~ APPLICANT: City Initiated (SP-104A) (Larwin) Statement of the Matter A representative of the Larwin Company presented testimony to the City Council on August 5, 1975, which involved alternative Elm Avenue alignments and street designs. The matter of the Larwin Tiburon Specific Plan (SP-104) and Tentative Tract Map (CT 74-25) was before the City Council for approval of documents. As a result of testimony presented by Larwin, Council action on Tentative Map (CT 74-25) was deferred until the Specific Plan and the Elm.Avenue.alignment are adopted. The Council then instructed staff to renotice a pupTic hearing to discuss the Elm Avenue alignment. The City Engineer has prepared a report which discusses Elm Avenue and an evaluation of the Larwin Company's proposal. EXHIBIT: Resolution 3706 approving Tentative Map (CT-74-25). Ordinance No. 94.33 adopting Specific Plan (SP-104A) City Engineer's Report on Elm Avenue, August 27 » 1975. RECOMMENDATION: See memo to City Manager from City Engineer dated 8-27-75. Council Action: 9-2-75 Ordinance No. 9433, was introduced for a first reading by title only with instructions to the staff to insert the proper exhibit numbers and station numbers reflected on Alternate #2 and dated June 19, 1975. (Wall Exhibit) Resolution No. 3706 was adopted by title only with instruc- tions to the staff to incorporate the proper- exhibit and station numbers indicated on Alternate #2 and dated June 19, 1975. (wall exhibit) 9-16-75 Due to a tie vote no.action was taken and the matter remains before the Council.' * ' 10-7-75 ' The matter was continued to- November'4, 1975. 11-4-75 Ordinance No. 9433 was given a second read Inng and adopted.• mt/i_i «<-> o O u.Q O 1*00u_ • £|ua ^-o cc ELM AVENUECAL1PC-RNIA1 2 3 4 5 6 7 8 9 10 13 14 16 17 20 21 23 24 25 26 27 28 29 RESOLUTION NO. 3906 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING THE PROVISIONS OF THE CALIFORNIA VEHICLE CODE APPLICABLE TO CERTAIN PRIVATELY OWNED AND MAINTAINED ROADS IN THE TIBURON AREA. WHEREAS, the Tiburon Homeowners Association has requested that the City of Carlsbad take action in accord with §21107.7 of the Vehicle Code to make such code applicable to the privately owned and maintained roads in the development. Said roads are more particularly described in the Exhibit "A" attached hereto and made a part hereof; and WHEREAS, petitions have been filed signed by a majority of the property owners of such road; and WHEREAS, proper written notice has been mailed to all the owners of such roads; and WHEREAS, a Public Hearing has been held in accord with the applicable provisions of the Vehicle Code at which all interested persons were heard;, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of'Carlsbad as follows: 1. That the above facts are true and correct. 2. That the privately owned and maintained roads described in Exhibit "A" to this Resolution are not generally held open for the use of the public for purposes of vehicle travel, but because of their proximity to and connection with City streets, the 1 2 3 4 5 6 7 8 9 10 Q m c < g du. ^ IQ O i SItlimo ^ j UJ £^§ 13 14 I 15 16 17 52 If 18 1' 19 20 21 *-;1-^22 23 24 25 26 27 28 29 interests of residents residing along such roads, and the public in general, will best be served by the application of the pro- visions of the Vehicle Code to such roads.» • ' * 3. Upon the erection bf signs, as required by §21107.7 of the Vehicle Code, the provisions of the Vehicle Code and implement- 5 X ing sections of the Carlsbad Municipal Code shall apply to said streets. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the!8th day of May , 1976 by the following vote, to wit: AYES: NOES: ABSENT: None Councilman Frazee, Lewis, Skotnicki and Councilwoman Casler Councilman Packard ROBERT' C . FRAZEE , " ATTEST : /7/&te&t>MARGARET E. "ADAMS,^:6Lty clerk (SEAL) 2 . c EXHIBIT A to RESOLUTION NO. PUBLIC PRIVATC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 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 ordainasfollows: SECTION 1: An amended Specif1c.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 Plan. 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. I- 1 2 3 4 5 6 7 8 9 10 11 12 13 15 18 20 22 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 contructed to date reveals problems with a lack of adequate resident and quest parking and drainage which must be remedied. 6. The partial qrad-ing 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. s. 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. 1 2 11 •*•'* p_ 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 encumbrances. 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 June 19, 1975 ,' shal1 be dedicated to the City of17 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 improvements within a 42 foot right-of-way between the intersection of Avenida de Anita and Elm Avenue easterly along the center line of Elm Avenue to Sta.10+69 as shown on Exhibit E dated June 19, 1975 . 1975 and from Sta.18+55 to the easterly boundary of the Specific Plan as amended (SP-104A) and shown on Exhibit B dated July 9, 1975. Elm Avenue shall be improved so as to provide for improvements within the full 84 foot right- of-way between Sta.13+60 and Sta .18+55 as shown on Exhibit E dated June 19, 1975 , 1975. 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 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 and grade-of Appian Way. The proposed realignment and improvement shall be subject to the approval of the City Engineer and shall be constructed or its construction guaranteed by a secured agreement prior to approval of the 3. 1 2 3 to the realignment of Appian Way with Elm Avenue. 4 7 . The developer or his successor in interest shall enter 11 13 14 9. Alleys shall be a minimum of 24 feet in width, and there shall be no physical encroachments upon or over them, including but not limited to mail boxes or utility guard rails. 16 10. The offer of dedication of all alleys with the develop- ment shall be rejected. 18 19 20 24 25 26 27 28 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 5 6 7 & 9 of the development. 10 8. Street improvments as required by Ordinance shall be 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 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 recordation of the Final Map for the second phase 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). n. The garages shall be set back at least 4 feet from the outside edge of the alleys. Planter boxes, with a minimum dimension of 4 feet 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. Parkina shall be provided as follows:- H 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 provided. Two of these parking spaces shall be in private garages, and at least 25/' of the remaining required spaces shall be provided as off-street guest parking. 4. 1 14. Separate screened, accessible faci1ities for trailers, boats and campers shall be provided within the second phase 2 of the subject development and shall be paved and landscaped in a manner approved by the Planning Director. 3 15. The developer shall provide hammerhead turnarounds as 4 approved by the City Engineer at ends of alleys. 5 16. The applicant or his successor in interest shall cause all hammerhead turnarounds and alleys to be posted "No 6 Parking". The applicant or his successor in interest shall request the City of Carlsbad to assist in the enforcement 7 of parking and traffic control ordinances as provided in the appropriate sections of the California Vehicle Code. 8 17. The parcel known as the Avedian Property, shown as 9 Parcel A, on Exhibit B, shall be included within SP-104A and shall be dedicated for roadway, open space and recrea- 10 tion purposes upon the recordation of the Final Map for the second phase of the development. 18. The developer shall process an amendment to the Tibur.on 12 . (formerly Tanglewood) Development Plan (MP-5) prior to approval of the Final Map for the second phase of the 13 development. The master plan as amended shall include the Avedian Parcel (5 acres), shown as Parcel A on Exhibit B, 14 which shall be dsignated as Park/Open Space. The density for such parcel, seven dwelling units/acre, may be trans- 15 ferred to the area designated Area B Garden Apartments on MP-5, marked as Exhibit C, dated June 19, 1975, on file 16 with the City Clerk and incorporated by reference herein. 17 19. All slopes created as a result of this development and after the effective date of this Ordinance shall not exceed 18 a 2:1 slope, as recommended by the adopted Geologic Hazards and Seismic Safety Element or unless otherwise approved 19 by the City Engineer and verified by appropriate soils reports.20 20. The applicant or his successor in interest shall irri- 21 gate and landscape all graded slopes within each construct- ion phase upon completion of grading. Irrigation and land- 22 scaping shall be done to the satisfaction of the City Engineer.23 21. Privately owned manufactured and planted slopes and 24 privately owned Open Spaces shall be maintained by the applicant until such time as maintenacne is performed by an 25 established Homeowner's Association. 26 22. Sidewalks shall be provided to connect each dwelling unit to major points of pedestrian attraction. Materials to 27 be used shall be subject to approval of the staff. 28 5. : 1 2 16 17 _, • 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. 3 24. The exteriors of all private buildings, privately owned 4 open spaces, and recreational facilities shall be maintained by an established homeowner's association5 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 concept of El Cami no 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.18 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 foot street-tree maintenance ease- ments shall be required for Elm Avenue and Marron Road. 33. 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 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 Engineer 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 17 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 has been satisfied. SECTION 5: Ordinance No. 9324 is repealed. EFFECTIVE DATE: Th'is 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 2nd day of September , 1975, and thereafter. PASSED AND ADOPTED at a regular meeting of said Council held on the 4th day of November , 1975, by the following vote, to wit AYES: Councilmen Frazee, Chase, and Lewis i NOES: Councilman Skotnicki and Councilwoman Casler ABSENT: None ATTEST: ROBERT C. FRAZEE, DAMS, Qity Clerk 7. MEMORANDUM August 27, 1975 TO: CIty Manager FROM: City Engineer SUBJECT: Elm Avenue Alignment Study (Larwin SP-104 A) At their meeting of August 5, the City Council moved to reopen public hearings on the alignment of Elm Avenue east of El Camino Real in conjunction with the SP-104 A (Larwin). At that meeting, Larwin representatives introduced an alternative solution to shifting the alignment *tO feet northerly from the alignment adopted by the City as part of the original specific plan approval (SP-104, December 19, 1972). Engineering staff has reviewed the Larwin alternative proposal and this review is summarized below. Larwin Proposal: The alignment proposed by Larwin at the August ~5~, 1975 Counci 1 meeting has the identical horizontal alignment as the originally approved alignment. It differs in two respects from the "Alternate No. 1" which staff had previously recommended to Council. The Larwin proposal increases the grade of the road from 9% to 11% and decreases the graded roadway width from 8V to 76'. The basic effect of the proposal would be to raise the elevation of the Elm/Appian intersection to 268.1' (from 256'± on Alternate No. 1) and to eliminate the necessity for slope grading on the Frazee property (or the construction of a retaining wall along Elm Avenue instead of slope grading). This proposal is not recommended, primarily because the 11% grade is excessive. The maximum recommended grade for a four lane road- way such as Elm Avenue is 7% as outlined in the City of Carlsbad Standards. While this maximum grade matches nationally accepted standards, we have recognized that in certain special cases, a slightly steeper grade is warranted and is marginally safe. It was in consideration of the special circumstances of topography and limited access that the original design of Elm Avenue east of El Camino Real was approved with a 9% grade. There are two problems facing the motorist who is confronted with a steep downhill grade: 1. unless immediate corrective actions are taken (ease up on accelerator, downshift or braking actions) the speed of the vehicle can increase significantly. These higher speeds in themselves require longer, safe stopping distances. MEMORANDUM, City Manager August 27, 1975 Page 2 2. as the grade steepens, gravity affects the ability of a vehicle to stop. As an example, all other things being equal, a vehicle with locked wheels in an emergency braking action will skid further If on a steeper grade. While I believe that the existing standard limiting maximum grade to 7% is valid and reasonable in the vast majority of cases, and after reviewing the existing topography, limited access and hori- zontal and vertical sight distance considerations of this section of Elm Avenue, I could not recommend any grade steeper than 10%. Accordingly, engineering staff has investigated our own alternative using the original SP-104 horizontal alignment. A 10% maximum mph; 750" vertical curve; and fitting conform to the existing Elm Avenue improve- Road at the easterly terminus. The staff pavement (i.e. no parking lane on south grade; design speed of 40 the vertical alignment to ments and existing Appian proposal eliminates 6' of side) but adds 5.5' of graded parkway to allow for sidewalk. This alternative will be available at the September 2, meeting as an overlay on the latest Larwin proposal. 1975 Council This 10% gradient alternative would raise the elevation of the future intersection of Appian Road to about 26V (about 9' higher than the original design would have provided). Raising this inter- section would significantly reduce the cut slopes at the inter- section and all along Elm Avenue. The 10% alternative would result IV across the north tip of the of 8-9' high retaining wall would in a slope encroachment of about Frazee property. A short length e1imi nate any property). slope encroachment along Elm Avenue (for the Frazee With respect to the McCoy parcel (CT 74-5A), the 10% alternative would still result in additional cut operations along the now exist' ing slope. It appears that alternative would require cutting the existing slope back an additional 18 - 20' (the original 9% design requires ^O1). This is due primarily to the reduced width of the graded roadway (81), the elimination of an 8' wide erosion control "bench", and the raising of the roadway 5 - 10' due to the steeper grade, (as compared to the original design). It is pointed out, however, that both the 10% alternative and Larwin's 11% proposal significantly impact the McCoy and Felkin properties, when compared to Alternate No. 2, which was selected approximately two months ago. Tim Flanagan City Eng i neer TCF/sln Att.