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HomeMy WebLinkAbout1975-10-21; City Council; 3498; Specific Plan and Tentative Tract Map SommersCITY OF CARLSBAD ^--r"' Initial* 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. 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 29 30 31 32 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 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 29 30 31 32 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 -2- *^""'"-" 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 I 261 27 28 29 30 31 32 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. -3- 1 z 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 29 30 31 32 (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 -4- 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 29 30 31 32 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 1 £ 3 4 5 #*"». 8 9 10 11 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 32 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. -2- 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 29 30 31 32 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. i 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: 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 29 30 31 32 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 -4- 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. c (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. c (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. / (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_ Schoo 1 1) i s t r fc i£_ Watgr Sonitatici UistriciV" crtV Within Coast .Plan Area:Coast Permit Area: ,§..• .-.'V7 .^^.^fiiyaia^^M^y.)^^ ' . ' ' •»'. - • ' '. '« - * • * * * *" . V,:: '-.^ •:•' \ : ,•'".•V-;f -•; ; ,-. ,. _J-A' .- .;...... .-. 'COUNTY •• •SUBJECT ';• PROPERTY • loop1 ; GRAPHIC SCALE • :.:.-:• -•-•-,•'" v" * " " • • "% . • *. » •.*•* ^ •*.•.••*• • • k .-•.* '.'• •" „- .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 o»£<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:*^ '•;•'' •// . / ^~~ ^ . .' • . .-j '"'•'. "'••.". ' ' - - . • . S DRC Date: 3-5.1 5> PC Date S_i^>-iS "PVV-ANJ — ; Sm^L€ .- FAKMLV OMiT'S U-OTS " • ' ' S\C>Gr of TAviAfZACVC A, "SoUTv-l CNJX^ CIO. G.Uc> A<5uA -^EDioWDA^j MAP Q>2.3* Ls-$=r 3» • Parcel: oG? _N-A - . Proposed Zone: F^l. S> ' DU's 94- DU/Acre 4.5 ^5Zc RCO ' - - . XUSBAO Coast Permit Area: KJQ