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HomeMy WebLinkAbout1975-10-21; City Council; 3484-1; Request to rezone: Alicante Hills La Costa Land CoCITY OF CARLSBAD AGENDA BILL NO. 3484 Supplement 1 ,. Initial: Dept.Hd. DATK: October 21, 19?5 c. Atty.Uf/45— DEPARTMENT City Attorney c- M9r- >k O Subject: Request for a zone change (ZC-167 from RD-M to R-l-10,000 and approval of a tentative tract map (CT 75-6). Applicant: La Costa Land Cgmpany (Alicante Hills) . Statement of the Matter The City Council at your meeting of October 7, 1975, directed the City Attorney to prepare the necessary documents approving zone change (ZC-167) and Tentative Map (CT 75-6). The resolutions approving the zone change and tentative map and the ordinance adopting the zone change are attached. Exhibits Resolution No. 377® approving Zone Change (ZC-167) . Resolution No. <3 7 7J approving Tentative Map (CT 75-6). Ordinance No. ff^^y7 granting change of zone. Recommendation If the Council desires to approve zone change (ZC-167) and grant the change of zone, your action is to adopt Resolution No.^7 7/) and introduce Ordinance No. ^T^ If the Council desires to approve Tentative Map (CT 75-6), your action is to adopt Resolution No. £ 77/ Council Action 10-21-75 Resolution No. 3770, announcing findings regarding change of zone, was adopted. Resolution No. 3771, approving with conditions Tentative Map for CT 75-6, was adopted. Ordinance No. 9439, amending Title 21 of CMC and granting a change of zone was introduced for a first reading by title only. 11-4-75 Ordinance #9439 was introduced for a second reading and adopted D CO o en O UL ^ ^9°Po >- > °- t < !t*** o •= -i o tc " mZ O CO > P cc ^ CJ o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 o 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3770 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIAr ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE (ZC 167) FROM RD-M TO R-l-10,000 ON PROPERTY LOCATED ON THE NORTH AND SOUTH SIDE OF ALFIL WAY BETWEEN ALTISMA WAY AND SAN MARCOS CANYON, APPLICANT; LA COSTA LAND CO. (ALICANTE HILLS). WHEREAS, on September 10, 1975, a duly advertised public hearing was held before the Planning Commission in the manner prescribed by law to consider a change of zone from RD-M to R-l- 10,000 on property described as follows: All of Carlsbad Tract No. 72^25 (Alicante Hills) according to Map thereof No. 7784 on file in the office of the County Recorder of San Diego County and a portion of the South Half of Section 25, Township 12 South, Range 4 West, San Bernardino Meridian According to the Office plat thereof in the City of Carlsbad. WHEREAS, at the conclusion of said hearing the Planning Commission of the City of Carlsbad adopted Resolution No.1185 recommending said zone change which is herewith referred to and made a part hereof; and WHEREAS, on October 7, 1975, the City Council held a public hearing on the matter, received all recommendations and heard all persons interested in or opposed to the proposed change of zone; and WHEREAS, an Environmental Impact Report has been prepared and discussed at duly noticed public hearings before the Planning Commission and the City Council, and the final report has been certified as complete in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 and the California Environmental Quality Act; <n ~,GO 5° •«! 1EE < 8 § ° g E "" J iu O ZP 2 < 1 2 3 4 5 6 7 8 9 10 11 12 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the findings of. the Planning Commission con- tained in the aforementioned Resolution No. 1185 constitute the findings of the Carlsbad City Council. 3. That the approval of the proposed change of zone classification is necessary to carry out the general purpose of Title 21 of the Municipal Code. 4. That the City Council of the City of Carlsbad intends to adopt an ordinance to effectuate the proposed change of zone. PASSED, APPROVED AND ADOPTED at a meeting of the City Council on the 21st day of October f 1975, by the following vote, to wit: AYES: Councilmen Chase, Lewis and Councilwoman Casler. NOES: None. ABSENT: Council men Frazee and Skotatcki; ATTEST: ROBERT C. FRAZEE, Mayor LEWIS L. CHASE, Vice Mayor MAR'GARET E. ADAMS, City Clerk NORA K. GARDINER, Deputy City Clerk (SEAL) 2. RESOLUTION NO, 3771 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 75-6) FOR 105 LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF ALFIL WAY BETWEEN ALTISMA WAY AND SAN MARCOS CANYON. APPLICANT: LA COSTA LAND CO. (ALICANTE HILLS). WHEREAS, on September 10, 1975, the Carlsbad City Planning Commission adopted Resolution No. 1187 recommending to the City Council that Tentative Map (CT 75-6) be conditionally approved: and WHEREAS, the City Council of the City of Carlsbad, on October 7, 1975, considered the recommendation of the Planning Commission; and WHEREAS, said Tentative Map has been declared to have a nonsignificant impact on the environment and a Negative Declaration has been prepared and filed in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That Tentative Map (CT 75-6) 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 18 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 known as Exhibit A, dated August 5, 1975. 2. The development of the property described herein shall be subject to the restrictions and limitations 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 I I set forth herein which are in additionLto all the requirements, limitations and restrictions of all munici- pal ordinances and State and Federal statutes. 3. If requested by the City Engineer, an amended tentative map shall be submitted for approval by the City Engineer prior to preparation of the Final Map to assure compliance with all conditions of approval. 4. Final Subdivision Map 7784 shall be reverted to acreage prior to Final Map approval. 5. 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 shall be installed as recommended by the Fire Department. 6. All land and/or easements required shall be granted to the City of Carlsbad without cost to the City and free of all liens and encumbrances. No easements shall be recorded prior to recordation of the final map unless approved by the City Engineer. 7. The improvement and grading plans shall include a report of a geological investigation and a complete gradin1 plan of the entire site, when required by the City Engineer. 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 date with full consid- eration of the consequences to the included and neighbor- ing properties and in conformance with the Geologic and Seismic Safety Element of the General Plan. The report and plan shall be prepared by a 8. All public improvements shall be made in conformity with the City of Carlsbad Standards, the Subdivision Ordinance and other City standardsh to the satisfaction of the City Engineer without cost to the City of Carlsbad and free of all liens and encumbrances. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 9. No development shall be allowed to occur within the 100 year flood plain, the boundary of which shall be delineated on the final map and grading plans. 10. The design of all streets shall be approved by the City Engineer and all street construction shall be inspec- ted and approved by the Public Works inspector, and standard checking and inspection fees paid. 11. posed security gates shall be submitted to the City Prior to final map approval the design of all pro- 2. 20 21 22 23 24 25 26 27 28 Engineer and Fire Chief for their approval. Any security gate located on Alfil Way shall be recessed at least 60 feet from the extension of the southeasterly right-of-way line of Alicante Road. A gate shall be retained at the easterly boundary of the subdivision at the utilities and access easement extending from Alfil Way. 12, On-site fire hydrants and fire protection appurte- nancesshall be constructed in accordance with the Fire Department requirements and shall provide fire flows of 1750 gallons per minute. 13. Improvement plans and grading plans shall provide, by design and by specification, that no earthwork or construc tion crosses the easterly boundary of the subdivision or is installed or deposited in the San Marcos Canyon Open Space. The proposed off-site drainage ditch at the northeast corner of lot 61 shall be constructed within the subdivision boundary and shall not direct drainage down the San Marcos Canyon face, 14. The existing Almaden Lane cul-de-sac reservation shall not be vacated. 15. All private facilities provided to adequately control drainage on the subject property shall be maintained by the property owners in perpetuity. 16. An additional lot should be created 10' wide along the eastern boundary adjacent to lot 61, 60, 59, 58. Said lots shall be shown on the final subdivision map and shall be offered for dedication to the City of Open Space purposes concurrent with final map recordation. 17. An open space easement over a portion of lot 99 as shown in Exhibit A, dated August 5, 1975, shall be granted to the General Public in perpetuity concurrent with final map recordation. In addition, a twenty foot wide open space easement over lot 99 extending from the end of the public road to the northern boundary of the subdivision adjacent the eastern boundary of the subdivision shall be granted to the City of Carlsbad in perpetuity concurren' with Final Map recordation. 18. An open space easement over portions of lots 1, 100, 101, 102 and 105, as shown in Exhibit A, dated August 5, 1975, shall be granted to the general public in perpetuity concurrent with final map recordation. 19. Lots 103 and 104 as shown in Exhibit A, dated August 5, 1975, shall be dedicated to the City of Carlsbad for Open Space use concurrent with recordation of the Final Map. Prior to dedication of lot 104, the existing debris and grading deposits shall be removed from said lot or the unconsolidated fill compacted to the satisfaction 3. 26 27 28 of the City Engineer, I 20. to City Council approval of the Final Map. Park-in-lieu fees shall be granted to the City prior 21. CC&R's shall be required for CT 75-6. The CC&RFs shall be submitted to the City Attorney for review and approval prior to approval of the final map, shall contain provisions or the proper maintenance of private streets and/or roads, and maintenance of the open space portions of lots 1 and 105 of CT 75-6. The maintenance provision for streets and open space shall be the obligation of the applicant or a homeowner's association or their successors in interest. The CC&R's 22. systems required to provide water and sewer service to all lots in the subdivision shall be installed by the developer in accordance with the standards of the appli- mbleservice districts. All extensions of the existing public water and sewer 23. Street names shall be subject to approval of the Planning Director prior to Final Map approval. 24. All drainage and flood control facilities shall be approved by the County of San Diego Flood Control District prior to installation. 25. A detailed landscape and irrigation plan for all phases of the project, prepared by a landscape architect, shall be submitted to the Parks and Recreation Director and the City Engineer for consideration and approval prior to approval of any building permit for any phase of the project. This requirement shall apply to all open space areas and the major slope area adjacent to the southerly subdivision boundaries. C. That said Tentative Map, together with the provisions for its design and improvement and subject to the above conditions, is consistent with all applicable general and specific plans of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the /// /// /// 4. 0 Carlsbad City Council held on the by the following vote, to wit: ,1975, 21St day of October YTTEST : AYES: NOES: None. Councilmen Chase, Lewis and Councilwoman Casler. ABSENT: Councilmen Frazee 4ARGARET E. ADAMS, City Clerk [ORA K. GARDINER, Deputy City Clerk [ SEAL 1 5. 1 2 o m J I CITY dF Planiflr||g 7 8 9 10 11 12 13 o-r-i 14 §°|ii t < ^ 15CD TX ~, u.v .So | 8 o 16 5£ *~ mp a 17oc o o 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9439 " ""^7" ZP TTTk V EJ MJ 7 1975 CARLSBAD Department AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-167) FROM RD-M TO R-l-10,000 ON PROPERTY LOCATED ON THE NORTH AND SOUTH SIDE OF ALFIL WAY BETWEEN ALTISMA WAY'AND SAN MARCOS CANYON. APPLICANT: LA COSTA LAND CO.(ALICANTE HILLS). The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1; Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map to grant a change of zone (ZC-167) from RD-M to R-l-10,000 for the following described property: All of Carlsbad Tract No. 72-25 (Alicante Hills) according to Map thereof No. 7784 on file in the office of the County Recorder of San Diego County and a portion of the South Half of Section 25, Township 12 South, Range 4 West, San Bernardino Meridian According to the office plat thereof in the City of Carlsbad. 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 meeting of the Carlsbad City Council held on the_ and thereafter 21st day of October 1975, Q W § DC CM O ijj £. o ccz p O 3 4 5 6 7 8 9 10 11 12 13 o-isl 14 9° i c 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a meeting of said City Council held on the 4th day of November , 1975, by the following vote, to wit: AYES: NOES; ABSENT: None Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler None ROBERT C. FRAZEE, May6r ATTEST : MARGARET E. ADAMS, city clerk (SEAL) 2.