HomeMy WebLinkAbout1975-10-21; City Council; 3498; Specific Plan and Tentative Tract Map SommersCITY OF CARLSBAD ^--r"'
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AGENDA BILL NO. Jrf? "'
Dept. Hd
DATE: October 21, 1975
City Aft
DEPARTMENT:' PLANNING
City Mgr •4
SUBJECT: Request for approval of a Specific Plan (SP-170) and Tentative Tract
Map (CT 75-2)
APPLICANT: Sommers Development Co.
S-1ate_nient of the Matter: The Planning Commission is recommending approval of
Specific Plan 170 and Tentative Tract Map 75-2 for reasons and subject to conditions
outlined in Planning Commission Resolution Nos. 1191 and 1192.
The project is located northerly of Tamarack Avenue extension and east of El Camino
Real. The project would subdivide the existing 21 acre parcel into 99 lots containing
94 single family dwellings, 1 private park and 4 open space lots. The project is pro-
posed to be constructed in two phases, with lot 1-36 comprising the first phase.
This project is a part of the El Camino Portals Master Plan (MP-125) adopted by
Council on January 15, 1974 (Resolution 3299); Woodbine was the initial phase of the
Master Plan. The Master Plan approved 135 townhouse units for the area of the proposed
project. An EIR was certified September 4, 1973 in conjunction with rezoning of the
property.
During Commission's hearing on August 27, 1975, the Commission continued the matter
two weeks to enable the applicant to reevaluate the development so that it would retain
more of the natural terrain. The applicant did redesign the project. Exhibit A
(specific plan exhibit) shows the project as originally conceived. Exhibit C (tract map)
shows the project as revised, with fewer lots omitted and the natural hillside in that
area retained.
All public facilities can be provided concurrent with the needs of the project.
EXHIBITS: Planning Commission Resolutions No. 1191 and 1192.
Staff Reports to Planning Commission dated September 24, Sept. 18,
and August 19, 1975.
Exhibit A, dated 7-14-75
Exhibit C, dated 9-16-75.
EIR 189 for El Camino Portals
RECOMMENDATION: If the City Council concurs with the findings and recommendation of the
Planning Commission as outlined in Planning Commission Resolutions No. 1191 and 1192,
it is recommended that the City Attorney be instructed to prepare the necessary documents.
Council Action
10-21-75 At the written request of the applicant, a motion was matter that this matter
be continued to the next regular meeting.
11-4-75 The City Attorney was instructed to prepare the necessary documents
for approval of the Specific Plan and Tentative map, to include
the conditions and restrictions imposed by Planning Commission's
Resolutions #1191 and 1192.
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PLANNING COMMISSION RESOLUTION NO. 1191
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, CONCERNING THE SPECIFIC
PLAN TO ALLOW A 99 LOT SUBDIVISION ON A 21 ACRE
PARCEL OF LAND GENERALLY LOCATED NORTHERLY OF
TAMARACK AVENUE EXTENSION AND EAST OF EL CAMINO
REAL. -
CASE NO. SP-170
APPLICANT: SOMMERS DEVELOPMENT CORP.
WHEREAS, a verified application for a certain property, to wit:
That certain unincorporated territory situated within the Councy
of San Diego; State of California, being a portion of Lot "I"
of Rancho Agua Hedionda, according to Map thereof No. 823, filed
in the Office of the County Recorder of San Diego County,
November 16, 1896 and being more particularly described on file
in the Carlsbad 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 August 13, 1975 and subsequently continued to August 27, 1975,
and September 24, 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 an
Environmental Impact report was prepared for the project site at the time of
Master Plan preparation, was certified by the City Council, and a suitable
supplement prepared by the applicant.
Tne Environmental Impact Report identifies four environmental impacts
which a -e either mitigated in the conditions of approval or are not created in
this pha^e of the Master Plan.
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
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facts and reasons to exist:
. 1) The proposed development is consistent with the Land Use Element
of the General Plan-in that the proposed density range of the
Land Use Element encourages orderly residential development.
2) The proposed-.project complies with the Environmental Protection
Ordinance of the City of Carlsbad and the California Environmental
Quality Act, in that an environmental impact report was prepared
for the project site at the time of Master Plan preparation, was
certified by the City Council and a suitable supplement prepared by
the applicant.
The Environmental Impact Report identifies four environmental impacts
which are either mitigated in the conditions of approval or not
created in this phase of the Master Plan.
3) School facilities are available to serve the proposed project, and the
installation of needed water, sewer and drainage facilities has been
guaranteed.
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 a 99 lot
subdivision on property generally located northerly of Tamarack Avenue
extension and East of El Camino Real, and is subject to the following
conditions:
(1) Prior to approval of the final subdivision map for the first phase
of the project, the applicant shall file an application with the
Local Agency Formation Commission (LAFCO) to annex Lot A, shown
on Exhibit 'A', dated 7-14-75, to the City of Carlsbad. Prior to
approval of the final subdivision map for the second phase of
the project, Lot A shall be annexed to the City of Carlsbad and
Open Space easement thereon granted to the City of Carlsbad.
Additionally, the applicant shall make every effort to encourage
the owner of the adjoining parcel to annex to the City of
Carlsbad that portion of his ownership within the San Diego Gas &
Electric right-of-way.
(2) The Specific Plan is granted for the land described in the
application and any attachments thereto, as shown on the plot
plan submitted, labeled Exhibit 'A1, dated July 14, 1975. The
location of all buildings, fences, signs, roadways, parking
areas, landscaping, and other facilities or features shall be
located substantially as shown on the plot plan labeled Exhibit
A, except that the facilities and features shown on both 91-97
shall be omitted in conformance with the revised tentative
tract map, Exhibit C, dated September 16, 1975, and except or
unless indicated otherwise herein.
(3) All lands and/or easements required by this Ordinance shall be
granted to the City of Carlsbad withoug cost to the City and
free of all liens and encumbrances. No easements shall be
recorded prior to approval of the final map unless approved by
the City Engineer.
(4) All requirements of any law, ordinance or regulation to the State
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of California, City of Carlsbad, and any other governmental
entity shall be complied with.
(5) No signs or advertising of any type shall be erected or installed
until plans therefore have been approved by the City of Carlsbad.
(6) All slopes created as a result of this development shall not
' exceed a 2:1 slope unless approved by the City Engineer.
(7) The applicant shall grant an open space easement to the City of
Carlsbad over lots 20, 35 and 36 as shown on Exhibit A, dated
July 14, 1975, upon recordation of the final subdivision map
for the first phase of the project, and shall grant an open
space easement to the City of Carlsbad over lots 91 and 92 of the
revised tentative tract map, Exhibit 'C1, dated September 16, 197
upon recordation of the final subdivision map for the 2nd phase of
the project.
(8) The applicant shall submit a landscape and irrigation plan for
both phases of the project to the Parks and Recreation Director
for approval prior to approval of the Final Map for either phase
of the project. Said plan shall provide for the landscaping of
lots 20,;35 and 36 as shown on Exhibit A, dated July 14, 1975,
91 and 92 as shown on the revised tentative tract map, Exhibit C
dated September 16, 1975, with plant materials suitable for
controlling erosion and fire hazards. Said landscaping shall be
installed prior to the granting of any building permit for either
phase of the project.
(9) The applicant or his successor in interest shall maintain all
landscaping for a period of 12 months following acceptance of
subdivision improvements by the City, or until such time as a
Homeowners Association is formed in accordance with CC&R's for
this development.
(10) A Homeowners Association shall be established by the applicant
or his successor in interest prior to occupancy of either
development phase of the project. Said Homeowners Associaiton
shall maintain all planted and landscaped slopes in Lots 20, 35
and 36 as shown on Exhibit A dated July 14, 1975, 91 and 92 as
shown on the revised tentative tract map, exhibit C dated 9-16-75,
in such a manner that erosion and fire hazards are mitigated
commencing 12 months following the installation of said land-
scaping.
(11) The CC&R's for this development shall be submitted to.the
Planning Director for review and approval prior to the approval
of the Final Map for the first phase. Said CC&R's shall contain
provisions for maintenance of the Open Space lots 20, 35 and 36,
as shown on exhibit A dated 7-14-75, 91 and 92 as shown on the
revised tentative tract map, exhibit C dated 9-16-75, by the
applicant, his successor in interest, or a Homeowners Association
to the satisfaction of the Parks and Recreation Director and
more specifically outlined in conditons 8, 9, and 10 of this
document.
(12) The minimum distance between face of curb and building shall be
28 feet, except where detached garage is provided behind
residence.
(13) A total of four parking spaces per dwelling unit shall be pro-
vided on-site. Two of these parking spaces shall be in private
garages, and shall be provided in a private driveway between the
property line and garage.
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(14) The applicant or his successor in interest shall guarantee the
extension of the water main system from Tamarack Avenue to the
existing system in Sierra Morena Drive as a condition of Final
Map approval of Unit #1.
(15) The water system shall provide 2000 gallons per minute fire
flow in-addition to domestic flow demand in eachphase of
development. Fire flow requirements may be reduced to 1750
! gallons per minute based on use of non-combustible roofing
material approved by the Fire Chief.
(16) Prior to Final Map approval, the applicant shall submit a revised
Specific Plan Map, incorporate the changes in the revised
tentative tract map.
PASSED, APPROVED AND ADOPTED at a regular'meeting of the City of Carlsbad
Planning Commission held on September 24S 1975 by the following vote, to wit:
AYES: Commissioners Jose, Larson, Dominquez and Watson
NOES: Commissioners Fikes, Packard and L'Heureux
ABSENT: None
ABSTAIN: None
EVH. Jose Jr., Chairman
ATTEST:
Donald A. Agatep, Secretary
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PLANNING COMMISSION RESOLUTION NO. 1192
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
TENTATIVE MAP REQUEST FOR A 99 LOT SUBDIVISION
CONTAINING 94 SINGLE FAMILY DETACHED DWELLINGS AND 5
OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED NORTHERLY
OF TAMARACK AVENUE EXTENTION AND EAST OF EL CAMINO REAL.
APPLICANT: SOMMERS DEVELOPMENT CORP.
CASE NO: CT 75-2
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did on September 24, 1975, hold a duly noticed public hearing to
consider a request by Sommers Development Corporation; and
WHEREAS, a verified application for a certain property, to wit:
That certain unincorporated territory situated with the County
of San Diego, State of Califonria, being a portion of Lot "I"
of Rancho Agua Hedionda, according to Map thereof No. 823, filed in
the Office of the County Recorder of San Diego County, November 16S1896 and being more particularly described on file in the Carlsbad
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
the "Carlsbad Municipal Code"; 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 an
Environmental Impact report was prepared for the project site at the time of
Master Plan preparation, was certified by the City Council, and a suitable
supplement prepared by the applicant.
The Environmental Impact Report identifies four environmental impacts which
are eiths-- mitigated in the conditions of approval or are not created in this
phase of the Master Plan.
WHEREAS, the proposed map meets or performs the requirements or conditions
of the "Carlsbad Municipal Code: or the Subdivision Map Act; and
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WHEREAS, at said hearing a staff report was presented and all persons
desiring to speak on the subject request were heard. At the conclusion of
said hearing, after considering all the evidence presented, the Planning
Commission made certain findings and reached a decision on the request as
hereinafter set forth.
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 the Planning Commission makes the following findings of fact:
1) The proposed development is consistent with the Land Use
Element of the General Plan in that the proposed density
range of the Land Use Element encourages orderly residential
development.
2) The proposed project complies with the Environmental Protection
Ordinance of the City of Carlsbad and the California Environ-
mental Quality Act, in that an environmental impact report was
prepared for the project site at the time of Master Plan
preparation, was certified by the City Council, and a suitable
supplement prepared by the applicant.
The Environmental Impact Report identifies four environmental
impacts which are either mitigated in the conditions of approval
or not created in this phase of the Master Plan.
3) School facilities are available to serve the proposed project, and
the installation of needed water, sewer and drainage facilities
has been guaranteed.
C) That in view of the findins heretofore made and considering the
applicable law, the decision of the Planning Commission is to approve
CT 75-2, subject to the following conditions:
1) Prior to approval of the final subdivision map for the first
phase of the project, the applicant or his successor in interest
shall file an application with the Local Agency Formation
Commission (LAFCO) to annex Lot A, shown on Exhibit A, dated
July 14, 1975, to the City of Carlsbad. Prior approval of the
final subdivision map for the second phase of the project, Lot A
shall be annexed to the City of Carlsbad and Open Space easement
thereon granted to the City of Carlsbad. Additionally, the
applicant shall make every effort to encourage the owner of the
adjoining parcel to annex to the City of Carlsbad that portion of
his ownership within the San Diego Gas and Electric right-of-way,
2) The approval is granted for the land described in the application
and any attachments thereto, and as shown on the revised plot plan
submitted, labeled Exhibit C, dated September 16, 1975. The
location of fences, signs, roadways, parking areas, landscaping,
and other facilities or features shall be located substantially
~, as shown on the plot plan labeled Exhibit C except or unless
indicated otherwise herein.
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3) All requirements of any law, ordinance or regulation of the
State of California, City of Carlsbad, and any other govern-
mental entity shall be complied with.
4) Prior to final occupancy, compliance with and execution of all
conditions listed hereon shall be necessary, unless otherwise
specified. Deviation from this requirement shall be permitted
only by written consent of the Planning Director.
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5) All public improvements shall be made in conformity to the City
of Carlsbad Standards, 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.
6) The improvement plans shall include a report of a geological
investigation and a complete grading plan of the entire site
when required by the City Engineer. The report and plan shall
I be prepared by a Civil Engineer licensed by the State of Calif-
fornia, and experienced in erosion control. Said Engineer shall
certify that they have investigated the site and prepared date
with full consideration of the development on the subject
property and neighboring properties. The Engineer's report
shall conform to the guidelines as outlined in the Geological
Safety Element of the General Plan.
7) The applicant or his successor in interest shall grant an open
space easement to the City of Carlsbad over lots 20, 35 and 36,
upon recordation of the final subdivision map for the first phase
of the project and shall grant an open space easement to the
City of Carlsbad over lots 91 and 92 upon recordation of the
final subdivision map for the project as shown on Exhibit C dated
September 16, 1975.
8) Park-in-lieu fees shall be granted to the City prior to approval
of the Final Map of each phase.
9) Owner shall offer to dedicate Sierra Morena Avenue right-of-way
and construction slope rights through Unit 2 prior to approval
of the Unit 1 Final Map.
10) 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.
11) The applicant or his successor in interest shall guarantee the
extension of the water main system from Tamarack Avenue to the
existing system in Sierra Morena Drive as a condition of Final
Map approval of Unit #1.
12) The applicant or his successor in interest shall guarantee the
extension of the water main system from Tamarack Avenue to the
existing system in Sierra Morena Drive as a condition of Final
Map approval of Unit #1.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad
Planning Commission held on September 24, 1975, by the following vote, to wit:
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AYES:
NOES:
ABSENT:
ABSTAIN;
Commissioners Jose, Larson, Dominguez, Watson
Commissioners Fikes, Packard and L'Heureux
None
None
ATTEST:
E.H. Jose Jr., Chairman
Donald A. Agatep, Secretary
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CITY OF CARLSBAD
PLANNING DEPARTMENT
September 24, 1975
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
REGARDING: REVISED PLOT PLAN, SP-170 and CT 75-2, SOMMERS
DEVELOPMENT CORPORATION
The applicant has submitted a new plot plan for the development,
attempting to meet some of the concerns expressed by the Commission
August 19, 1975. The revision (attached» Exhibit ,'C' .elated Sept.
16, 1975) differs from the original in three (3) major respects.
1. The 90 foot-high cut back at the north end of the
development has been eliminated, resulting in
2. The loss of seven lots on the west side of Sierra
Morena (original lot numbers 91-97). In addition*
3. The cut directly south is proposed to be made more
natural looking by sculpture cutting its transition
to natural and existing cut slopes.
It should be noted that the manufactured slopes will have a
maximum slope of 2 to 1, while the natural slope is generally
3 to 1 .
RECOMMENDATION
The revised plot plan has been reviewed by affected City Depart-
ments. Based on their input, it is recommended that SP-170 and
CT 75-2 be APPROVED subject to the revised conditions attached,
dated September 18, 1975.
The revisions made in the conditions reflect changes in the num-
bering of lots, necessitated by the deletion of lots in the re-
vised map, and substantive changes suggested by Commission at
their hearing August 19, 1975. The Background Report and Dis-
cussion sections remain the same.
REVISED CONDITIONS
SP-170 & CT 75-2
SOMMERS DEVELOPMENT CORPORATION
September 18, 1975
It is recommended that SP-170 be APPROVED subject to the following
conditions:
(1) Prior to approval of the final subdivision map for the first
phase of the project, the applicant shall file an application
with the Local Agency Formation Commission (LAFCO) to annex
Lot A, shown on Exhibit 'A', dated 7-14-75, to the City of
Carlsbad. Prior to approval of the final subdivision map
for the second phase of the project, Lot A shall be annexed
to the City of Carlsbad and Open Space easement thereon
granted to the City of Carlsbad. Additionally, the applicant
shall make every effort to encourage the owner of the adjoin-
ing parcel to annex to the City of Carlsbad that portion of
his ownership within the San Diego Gas & Electric right-of-way
(2) The Specific Plan is granted for tteland described in the
application and any attachments thereto, as shown on the
plot plan submitted, labeled Exhibit 'A', dated July 14,
1975. The location of all buildings, fences, signs, road-
ways, parking areas, landscaping, and other facilities or
features shall be located substantially as shown on the
plot plan labeled Exhibit 'A', except that the facilities
and features shown on both 91-97 shall be omitted in con-
formance with the revised tentative tract map, Exhibit 'C',
dated Sept. 16, 1975, and except or unless indicated other-
wise herein.
(3) All lands 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. No easements shall
be recorded prior to approval of the Final Map unless approved
by the City Engineer.
(4) All requirements of any law, ordinance or regulation to the
State of California, City of Carlsbad, and any other govern-
mental entity shall be complied with.
(5} No signs or advertising of any type shall be erected or in-
stalled until plans therefore have been approved by the City
of Carlsbad.
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(6) All slopes created as a result of this development shall not
exceed a 2:1 slope unless approved by the City Engineer.
(7) The applicant shall grant an open space easement to the City
of Carlsbad over lots 20, 35, and 36, as shown on Exhibit 'A'
dated July 14, 1975, upon recordation of the final subdivision
map for the first phase of the project, and shall grant an
open space easement to the City of Carlsbad over lots 91 and
92 of the revised tentative tract map, Exhibit 'C1, dated
September 16, 1975, upon recordation of the final subdivision
map for the 2nd phase of the project.
(8) The applicant shall submit a landscape and irrigation plan
for both phases of the project to the Parks and Recreation
Director for approval prior to approval of the Final Map for
either phase of the project. Said plan shall provide for the
landscaping of lots 20, 35 and 36 as shown on Exhibit 'A',
dated July 14 , 1975, 91 and 92 as shown on the revised
tentative tract map, Exhibit 'C', dated September 16, 1975,
with plant materials suitable for controlling erosion and
fire hazards. Said landscaping shall be installed prior to
the granting of any building permit for either phase of the
project.
(9) The applicant or his successor in interest shall maintain all
landscaping for a period of 12 months following acceptance of
subdivision improvements by the City, or until such time as a
Homeowner's Association is formed in accordance with CC&Rs for
this development.
(10) A Homeowner's Association shall be established by the
Applicant or his successor in interest prior to occupancy
of either development phase of the project. Said Home-
owner's Association shall maintain all planted and land-
scaped slopes in Lots 20, 35 and 36 as shown on Exhibit
'A1 dated July 14, 1975, 91 and 92 as shown on the revised
tentative tract map, Exhibit' 'C', dated September 16, 1975,
in such a manner that erosion and fire hazards are mitigated
commencing 12 months following the installation of said
landscaping.
(11) The CC&Rs for this development shall be submitted to the
Planning Director for review and approval prior to the
approval of the Final Map for the first phase. Said CC&Rs
shall contain provisions for maintenance of the Open Space
lots 20, 35 and 36, as shown on Exhibit 'A' dated July 14,
1975, 91 and 92 as shown on the revised tentative tract
map, Exhibit 'C', dated September 16, 1975, by the applicant,
his successor in interest, or a Homeowner's Association, to
the satisfaction of the Parks and Recreation Director and
more specifically outlined in conditions 8, 9 and 10 of this
document.
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(12) The minimum distance between face of curb and building
shall be 28 feet, except where detached garage is provided
behind residence.
(13) A total of four parking spaces per dwelling unit shall be
provided on-site. Two of these parking spaces shall be in
private garages, and two shall be provided in a private
driveway between the property line and garage.
(14) The applicant or his successor in interest shall guarantee
the extension of the water main system from Tamarack Avenue
to the existing system in Sierra Morena Drive as a condition
of Final Map approval of Unit #1.
(15) The Water system shall provide 2000 gallons per minute fire
flow in addition to domestic flow demand in each phase of
development. Fire flow requirements may be reduced to 1750
gallons per minute based on use of non-combustible roofing
materials approved by the Fire Chief.
(16) Prior to final ;tract map approval, the applicant shall submit
a revised specific plan map, incorporation the changes in the
revised tentative tract map.
It is recommended that CT 75-2 be APPROVED subject to the following
conditions;
(1) Prior to approval of the final subdivision map for the
first phase of the project, the applicant or his successor
in interest shall file an application with the Local Agency
Formation Commission (LAFCO) to annex Lot A, shown on Exhibit
'A', dated 7-14-75, to the City of Carlsbad. Prior approval
of the final subdivision map for the second phase of the
project, Lot A shall be annexed to the City of Carlsbad and
Open Space easement thereon granted to the City of Carlsbad.
Additionaly, the applicant shall make every effort to encourage
the owner of the adjoining parcel to annex to the City of
Carlsbad that portion of his ownership within the San Diego
Gas & Electric right-of-way.
(2) The approval is granted for the land described in the appli-
cation and any attachments thereto, and as shown on the revised
plot plan submitted, labeled Exhibit 'C1, dated Sept. 16, 1975.
the location of fences, signs, roadways, parking areas, land-
scaping, and other facilities or features shall be located sub-
stantial ly- as shown on the plot plan labeled Exhibit 'C1 except
or unless Indicated otherwise herein.
(3) All requirement of any law, ordinance or regulation of the
State of California, City of Carlsbad, and any other govern-
mental entity shall be complied with.
(4) Prior to final occupancy, compliance with and execution of
all conditions listed hereon shall be necessary, unless
otherwise specified. Deviation from this requirement shall
be permitted only by written consent of the Planning Director.
(5) All public improvements shall be made in conformity to the
City of Carlsbad Standards, 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.
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(6) The improvements plans shall include a report of a geogical
investigation 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 Cali-
fornia, and experienced in erosion control. Said Engineer shall
certify that they have investigated the site and prepared data
with full consideration of the development on the subject
property and neighboring properties. The Engineer's report
shall conform to the guidelines as outlined in the Geological
Safety Element of the General Plan.
(7) The applicant or his successor in interest -shall grant an
open space easement to the City of Carlsbad over lots 20,
35 and 36, upon recordation of the final subdivision map
for the first phase of the project and shall grant an open
space easement to the City of Carlsbad over lots 91 and 92
upon recordation of the final subdivision map for the project
as shown on Exhibit 'C1 dated September 16, 1975.
(8) Park-in-lieu fees shall be granted to the City prior to
approval of the Final Map of each phase.
(9) Owner shall offer to dedicate Sierra Morena Avenue right-of-
way and construction slope rights through Unit 2 prior to
approval of the Unit 1 Final Map.
(10) 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.
(11) The applicant or his successor in interest shall guarantee
the extension of the water main system from Tamarach Avenue
to the existing system in Sierra Morena Drive as a condition
o^ Final Map approval of Unit #1.
(12) The applicant or his successor in interst shall guarantee
the extension of the water main system from Tamarack Avenue
to the existing system in Sierra Morena Drive as a condition
of Final Map approval of Unit #1.
CITY OF CARLSBAD
PLANNING STAFF
RECOMMENDATION
August 19, 1975
CASE NO: SP-170 AND CT 75-2
NAME OF APPLICANT: SOMMERS DEVELOPMENT CORPORATION
I FINDINGS:
A. General Plan Consistency: The proposed development is consistent
with the Land Use Element of the General Plan in that the proposed
density range of the Land Use Element encourages orderly residential
development.
B. Environment; The proposed project complies with the
Environmental Protection Ordinance of the City of
Carlsbad and the California Environmental Quality Act,
in that an environmental impact report was prepared for
the project site at the time of Master Plan preparation,
was certified by the City Councils and a suitable supple-
ment prepared by the applicant.
The Environmental Impact Report identifies four environ-
mental impacts which are either mitigated in the conditions
of approval or are not created in this phase of the Master
Plan.
C. Public Facilities; School facilities are available to
serve the proposed projects and the installation of
needed 'water, sewer, and drainage facilities has been
guaranteed.
^/
II. RECOMMENDATION:
It is recommended that SP-170 be APPROVED subject to the following
conditions:
(1) Prior to approval of the final subdivision map for the
first phase of the project, the applicant or his
successor in interest shall file an application with the
Local Agency Formation Commission (LARCO) to annex lot A,
shown on Exhibit A, dated 7-14-75, to the City of Carlsbad,
Prior to approval of the final subdivision map for the
second phase of the project, Lot A shall be annexed to the
City of Carlsbad and Open Space easement thereon granted
to the City of Carlsbad. Additionally, the applicant
shall make every effort to encourage the owner of the
adjoining parcel to annex to the City of Carlsbad that
portion of his ownership within the San Diego Gas &
Electric right-of-way.
(2) The Specific Plan is granted for the land described in the
application and any attachments thereto, as shown on the plot
p-1 an submitted, labeled Exhibit A, dated July 14, 1975. The
location of all buildings, fences, signs, roadways, parking areass
landscaping, and other facilities or features shall be located
substantially as shown on the plot plan labeled Exhibit A, except
or unless indicated otherwise herein.
(3) All lands 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. No easements shall be recorded
prior to approval of the Final Map unless approved by the City
Engineer.
(4) All requirements of any law, ordinance or regulation to the State
of California, City of Carlsbad, and any other governmental entity
shall be complied with.
(5) No signs or advertising of any type shall be erected or installed
until plans therefore have been approved by the City of Carlsbad.
(6) All slopes created as a result of this development shall not exceed
a 2:1 slope unless approved by the City Engineer.
(7) The applicant or his successor in interest shall grant an open
space easement to the City of Carlsbad over lots 20, 35, and 36,
upon recordation of the final subdivision map for the first phase
of the project, and shall grant an open space easement to the City
of Carlsbad over lots 98 and 99 upon recordation of the final
subdivision map for the 2nd phase of the project as shown on Exhibit A
dated 7-14-75
(8) Lots 20, 35, 36, 98 and 99 shall be landscaped with plant materials
suitable for controlling erosion and fire hazards. The applicant
or his successor in interest shall submit a landscaping plan for
both phases of the project to the Parks and Recreation Director
for his approval prior to the granting of any building permit for
either phase of the project.
0 1
plicant or his successor in interest shall maintain all land-
scaping for a period of 12 months following acceptance of subdivision
improvements by the City, or until such time as a Homeowners •
Association is formed in accordance with CC&R's for this development.
(10) A Homeowner's Association shall be established by the applicant
or his successor in interest prior to occupancy of either develop-
ment phase of the project. Said Homeowner's Association shall
maintain and mitigate.all planted and landscaped slopes in Lots
20, 35, 36, 98 and 99 in such a manner that erosion and fire
hazards are mitigated, commencing 12 months following the installa-
tion of said landscaping.
(11) The CC&R's for this development shall be submitted to the Planning
Director for review and approval prior to the approval of the
Final Map for the first phase. Said CC&R's shall contain provisions
for maintenance of the Open Space lots 20, 35, 36, 98 and 99 by
the applicant, his successor in interest, or a Homeowner's
Association, to the satisfaction of the Parks and Recreation Director
and more specifically outlined in conditions 8, 9 and 10 of this
document.
(12) The minimum distance between face of curb and building shall be
30 feet, except where detached garage is provided behind residence.
(13) A total of four parking spaces per dwelling unit shall be provided
on-site. Two of these parking spaces shall be in private garages,
and two shall be provided in a private driveway between the property
line and garage.
(14) The applicant or his successor in interest shall guarantee the
extension of the water main system from Tamarack Avenue to the
existing system in Sierra Morena Drive as a condition of Final Map
approval of Unit #1.
(15) The Water system shall provide 2000 gallons per minute fire flow in
addition to domestic flow demand in each phase of development.
Fire flow requirements may be reduced to 1750 gallons per minute
based on use of non-combustible roofing materials approved by the
Fire Chief.
It is recommended that CT 75-2 be APPROVED subject to the following conditions:
(1) Prior to approval of the final subdivision map for the
first phase of the project, the applicant or his successor
in interest shall file an application with the Local Agency
Formation Commission (LARCO) to annex Lot A, shown on
Exhibit A, dated 7-14-75, to the City of Carlsbad. Prior
approval of the final subdivision map for the second phase
of the project, Lot A shall be annexed to the City of
Carlsbad and Open Space easement thereon granted to the
City of Carlsbad. Additionally, the applicant shall make
every effort to encourage the owner of the adjoining
parcel to annex to the City of Carlsbad that portion of
his ownership within the San Diego Gas & Electric right-of-
way.
a /n
roval is granted for the lanowfescribed in the application
and any attachments thereto, and as shown on the plot plan submitted
labeled Exhibit B, dated July 14, 1975. The location of fences,
signs, roadways, parking areas, landscaping, and other facilities
or features shall be located substantially as shown on the plot plan
labeled Exhibit B except or unless indicated otherwise herein.
(3) All requirements of any law, ordinance or regulation of the State
of California, City of Carlsbad, and any other governmental entity
shall be complied with.
(4) Prior to final occupancy, compliance with and execution of all
conditions listed hereon shall be necessary, unless otherwise
specified. Deviation from this requirement shall be permitted
only be written consent of the Planning Director.
(5) All public improvements shall be made in conformity to the City of
Carlsbad Standards, 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,
(6) The improvement plans shall include a report of a geological investi-
gation 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. Said Engineer shall certify that they have
investigated the site and prepared data with full consideration of
the development on the subject property and neighboring properties.
The Engineer^ report shall conform to the guidelines as outlined in
the Geological Safety Element of the General'Plan,
(7) The applicant or his successor in interest shall grant an open
space easement to the City of Carlsbad over lots 20, 35 and 36,
upon recordation of the final subdivision map for the first phase
of the project and shall grant an open space eas«ment to the City
of Carlsbad over lots 98 and 99 upon recordation of the final
subdivision map for the project as shown on Exhibit B, cated 7-14-75,
(8) Park-in-lieu fees shall be granted to the City prior to approval
of the Final Map of each phase.
(9) Owner shall offer to dedicate Sierra Morena Avenue right of way and
construction slope rights through Unit 2 prior to approval of the
Unit 1 Final Map.
(10) 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,
(11) The applicant or his successor in interest shall guarantee the
extension of the water main system from Tamarach Avenue to the
existing system in Sierra Morena Drive as a condition of Final Map
approval of Unit #1.
\i
(12) The applicant
guarantee the or his successor in interest shall
extension of the water main system from
Tamarack Avenue to the existing system in Sierra Morena
Drive as a condition of Final Map approval of Unit #1 .
SECTION II
STAFF BACKGROUND REPORT
August 19, 1975
I REQUEST: Approval of a Specific Plan and a Tentative Tract
Map on a 21 acre parcel of land to be subdivided into 99 lots
containing 94 single family detached dwellings and 5 open
space lots. Lots 1-36 (the most southerly lots on Exhibits
A & B) comprise Unit #1 of the development with the remainder
comprising Unit #2.
II LOCATION AND DESCRIPTION OF PROPERTY: The property is located
northerly of Tamarack Avenue extension and east of ECR (adjacent
to the Woodbine Development). The site slopes from a height of
approximately 250 ft. on the western boundary down to a height
of approximately 90 ft. on the west, where a drainage swale
exists.
III EXISTING ZONING:
Subject Property: PC
North: PC, R-l-8 and R-l
East: A-l (8) County
South: PC
West: R-l-15 and R-1-1Q
IV SURROUNDING LAND USE:
Subject Property: Vacant
North: Single-family residential.
East: Vacant with some agricultural crop production.
South: Vacant.
West: Single-family residential.
V PAST HISTORY AND RELATED CASES; The proposed project site was
. cfriginally Master Planned and given preannexational zoning as
El Camino Portals, a development which included the Woodbine
Development to the west and incorporated a total of 74.3 acres.
This parcel received a preannexational zoning designation of PC
by the City Council on September 4, 1973 (Ordinance 19360). The
Planning Commission considered a master plan (MP-125) on the total
parcel on July 24, 1973 and tabled the matter to permit the
c
applicant to revise the Master Plan with more sensitivity to
the existing terrain. The developer did revise the Master Plan
and it was considered by the Planning Commission on November 27t1973 and approved in Resolution #1013. At the same time a
Tentative Tract Map and a Specific Plan on what is now Woodbine
was considered (SP 143 and CT 73-36).
City Council considered the Master Plan for the entire parcel on
January 15, 1974, and adopted it on that date (Resolution #3299).
On that same date a Specific Plan for the Woodbine Development
was approved and the accompanying Tentative Tract Map was
adopted by Council on February 5, 1974.
VI ENVIRONMENTAL IMPACT INFORMATION: An Environmental Impact Report
was prepared for the original El Camino Portals Master Plan in
May of 1973 (EIR 189). The Environmental Protection Ordinance
of the City of Carlsbad provides that when an environmental
impact report has been certified for a project in .connection with
some previously issued entitlement for some project, an endorse-
ment of compliance may be issued without further processing,
providing that there are no substantial changes proposed for the
project and provided that there are no substantial changes with
respect to the circumstances under which the project is to be
undertaken. Staff finds that the Environmental Impact Report
written for the Master Plan in 1973, as supplemented by the
additional information provided by the applicant in his letter
of July 23, 1975 (attached), complies with these provisions of
the Environmental Protection Ordinance.
The applicant's supplement states that the original concept of
the project was to develop 135 townhouse units and to locate
the extension of Sierra Morena on the easterly top of the fill
area. Pads for the townhouses would then have been located per-
pendicular to the street and narrow private alleyways would have
been constructed from the street to the toe of the cut slope.
On each side of these private alleyways townhouse units would
have been built with a greenbelt facing the fronts of the units
and garages facing the private streets. The applicant's revised
plan for 94 units calls for a shift in the right-of-way of Sierra
Morena Avenue extension to th.e center of the. project site with,
lots on both side of the street. Each of these 94 lots
will be deeded to a buyer and in addition a homeowners associa-
tion will be set up to maintain the cut and fill banks on both
sides of the tract and a small recreational area on the southeast
corner of Tamarack and Sierra Morena Avenue. A "0-lot line"
concept will be utilized in siting the units within their parcels.
In such a concept windowless, sound-proof walls are constructed on
one property line and the side yard on the opposite side of the
structure is widened, in the case of this developments to a
minimum width of 10 feet.
v
The original Environmental Impact Report on the Master -Plan
noted three adverse environmental effects which could not be
avoided: (1) an increase in congestion on El Camino Real
resulting from the construction of street improvements at the
intersection of Tamarack and El Camino Real; (2) some adverse
effects of a limited nature and duration associated with the
construction phase of development; (3) a minor increase in air
pollution associated with an increase in automobile traffic.
The first adverse environmental impact is one which took place
during construction of the Woodbine Development and consequently
is not applicable to the current proposed development. The
second adverse environmental impact, associated with the con-
struction of the development can be mitigated by the following
measures: Temporary screening or fencing, limited working
operations, adequate site preparation, and sequencial program-
ming of the site development. The third adverse environmental
impact, air pollution, is not felt to be significant by the EIR
in view of the relatively large overall generation of air pollu-
tion at the San Diego Air Basin.
Environmental impact not noted in the Environmental Impact Report
but noted in the staff report written in 1973 for the original
Master Plan and the zone-change application is the substantial
grading operation proposed for the project. The Specific Plan
Map submitted by the applicant states that 150,000 cubic yards
of cut and fill will be needed; this equates to 13 cubic feet
of grading for every 1 foot of residential lot space. The
applicant's supplement states that the grading of the project
will substantially be the same under both concepts. The supple-
ment also states that by eliminating the private streets in the
original concept a lesser amount of the area will be covered by
asphalt, and consequently the related problem of erosion control
may be somewhat lessened under the current concept. Potential
mitigating measures include extensive planting and landscaping of
the slope areas, detailed inspection of the earth-work movement
as it is done, and provision for adequate maintenance practices,
{including the establishment of an open space maintenance district).
The applicant notes two other changes in the environmental impact
of the current project design. First, the supplement states that
by utilizing 13 different building elevations in 94 dwellings, a
more aesthetically pleasing product will result than in the
apartment-like appearance of the usual townhouse. Secondly, it
is noted that the reduction in the number of units from 135 to 94
will have a lesser impact on all required services than that which
was originally contemplated,
VII GENERAL PLAN INFORMATION: The project site is designated in the
Land Use Element of the General Plan for R-M residential use
(4 - 20 units per acre). Project density is 4.5 dwelling units
per acre which is within the range of the Land Use Plan designa-
tion. The following guidelines from the Land Use Element are
particularly applicable to the proposed development:
1. Encourage orderly residential development,
expand utility systems with a minimum of
expense to the taxpayer, and avoid "leapfrog"
subdivisions.
2. Provide public/private usable open space and/or
pathways designed in the Open Space and Parks and
Recreation Elements.
The following guidelines from the Open Space Element are
applicable:
1. Grading for building pads and roadways should
be accomplished in a manner that would maintain
the appearance of natural hillsides.
2. Density and intensity of development on hillsides
should relate to the slope of the land in order
to preserve the integrity of the hillside.
VIII PUBLIC FACILITIES: A letter has been received from the Carlsbad
TjhTfTed School District stating that school facilities will be
available to the project (attached).
Water and sewer lines currently terminate at the intersection o
Tamarack and La Portalada Drive; they will be extended down
Sierra Morena Avenue to service the project.
IX MAJOR PLANNING CONSIDERATION: Is the extensive grading required
by the project, and its resultant environmental degradations in
accord with the relevant General Plan Guidelines?
AM/JC
8/1/75
ATTACHMENTS; Exhibit A — Specific Plan Map SP-170, dated July 14, 197!
Exhibit B -- Tentative Tract Map 75-2, dated July 14S 197!
Letter from Carlsbad Unified School District, dated
July 30, 1975
SECTION III
DISCUSSION
August 19, 1975
As pointed out in the Staff Background Report, the proposed
project should be evaluated in terms of the two applicable
sets' of General Plan Guidelines: The first concerns the
amount of grading which the City will tolerate in the develop-
ment of a residential subdivision, and the provision of usable
open space; and second, the orderly expansion of residential
development. • " .
Construction of the proposed development will require a con-
siderable amount of grading which, in the staff's opinion,
may very well exceed the spirit of the General Plan Guidelines,
This is particularly true when the proposed development is
visualized in combination with the recently'completed first
portion of the Master Planned area (Woodbine), in which the
natural terrain was severely graded and slopes left unprotected.
Development of the project as planned would provide a great deal
of open space; however, withthe exception of the .15 acre park
site and the SDG&E electric easement lot, this open space would not
be usable and, on the contrary, would be composed .of steep
slopes, difficult to maintain.
On the other hand,, the project is a part of a previously adopted
Master Plan. As such, completion of the project will "infill"
surrounding development and complete the existing public facility
network for the area. For this reason staff is recommending
approval.
Approval of the proposed Specific Plan and Tentative Tract Map
should be conditioned however, upon the provision of appropriate
mechanisms for open space maintenance. Establ ishment of an open
space maintenance district would, quite possibly, provide the
most effective maintenance for a given maintenance dollar.
However the City to date has not initiated the process necessary
for creating such a district in this particular subdivision.
Lacking this solution, staff recommends that appropriate condi-
tions be included in the resolution of approval for first,
ensuring that adequate planting and landscaping will be installed
on all slopes upon completion of construction; second, insuring
that a homeowner's association will .be formed and held responsible
for maintenance of all slope areas; and third, ensuring that the
applicant will grant an open space easement over Lot A (the
San Diego Gas &.Electric easement) to the City of Carlsbad
(a condition of the original master plan).
. w
2. It should be noted that Lot 'A1, of the propos-ed project, the
SDG&E transmission easement, is currently in the- County of San
Diego. Under the State Subdivision Map Act, a City may.consider
a tentative tract map which includes unincorporated territory.
However, prior.to approval of the final map, the territory must
be annexed to the City.
3. As shown on the Specific Plan Map (Exhibit A), the garages of
all building plans except plan 4 are 13 - 18 feet from the public
right of way. This driveway length is insufficient for parking
a car in front of a garage without part of the car extending
over the sidewalk. Staff therefore recommends that the placement
of dwellings as shown in Exhibit A be approved in concept only,
with garage faces required to be a minimum of 30 feet from the
curb face.
4. According to the applicant, the project wilT be constructed in
two phases. Phase I will of necessity be constructed first
because of the gravity flow of'sewer down Sierra Morena to
Tamarack Avenue. Because no neighboring projects are dependent
on construction of this project, staff sees.no justification
of placing timing requirements on the phases.
AM/jc
8/1/75
'COUNTY
SUBJECT -:•
PROPERTY
GRAPHIC SCALE .
.Case No.-' Date Rec'd: 7-14-1 S DRC Date; 3-5.1S PC Date
Description of Request: _• FAMILY
Address or Location of Request:SvQ6
, CQ-Applicant: ;
Engr. or .Arch. ..
Brief Legal: Pore, or LOT t tz.Mp
COUMTM' .
Page:___.oji_Assessor Boak: ,. „
General Plan Lwd Use Description: RL.NA
Existing Zone: P<^
Acres:
Parcel:
No. of Lots: e>S>
Proposed Zone:PC.
"DU/Acrc 4.5_
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Watgr Sonitatici UistriciV" crtV
Within Coast .Plan Area:Coast Permit Area:
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.Case No.SP-n^ Date Rec'd: 7-!4-~t
Description of request: *SPHCv^vc_
Ovl "^ G^-GL&S'S ACHLGS ^ f>?>
Address or Location of Request: Mo(2."tiJ
OV1" MoSLCwA AvG .
Applicant: ''pQMM^^*^ Vt>Sv/ ,
Enqr. or Arch. ^o'Fb'- \2.~t" Vc*uKjC2
Brief Lenal: Poe. opr LOT X
' *2>Au oȣ<hO C.OVJMTM' , cr^
Assessor Book: 'z.e'fr Page: ^
General Plan ta=d Use Description: RL
Existinq Zone: PC.
Acres: "2-1 <^CoSS No. of Lots: 9
School District: OAEH-S^AO UMI
VJate.r Sanitatica Uistrici : ciTV CA
Within Coast PlJtn Arear YE:*^
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S DRC Date: 3-5.1 5> PC Date S_i^>-iS
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G.Uc> A<5uA -^EDioWDA^j MAP Q>2.3*
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3» • Parcel: oG?
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Proposed Zone: F^l.
S> ' DU's 94- DU/Acre 4.5 ^5Zc
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Coast Permit Area: KJQ