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
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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;
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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
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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-
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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
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of the City Engineer,
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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
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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
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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,
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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.