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HomeMy WebLinkAbout1976-06-15; City Council; 3653-1; Proposed specific plan La Costa Vale #4//3 CITY OF CARLSBAD "'""*" AGENDA BILL NO. ** "M f^S*'-ft £<-?&* Initial: // r ^^~ Dept.Hd. /s/ RP DATE: = June 15, 1976 ; c> Atty> /S/VJB DEPARTMENT: Planning c Mgr> Subject: PROPOSED SPECIFIC PLAN (SP-176); TENTATIVE SUBDIVISION MAP (CT 76-3) LA COSTA VALE #4, Applicant: La Costa Land Company Statement of the Matter On June 5, 1973, the City Council approved CT 72-20 and SP-38, Vale Units 2 and 3 (Resolutions 3128 and 3129). Final maps for both units were subsequently approved. The present proposal is a resubdivision of a portion of Unit 3. On May 26, 1976 the Planning Commission recommended approval of the requested Specific Plan (SP-176) and Tentative Subdivision Map (CT 76-3) for reasons outlined in the staff report and subject to conditions of the Planning Commission Resolutions 1255 and 1256. Exhibit Staff Report of May 12, 1976 Planning Commission Resolution No. 1255 Planning Commission Resolution No. 1256 Supplemental Environmental Information for La Costa Vale Unit #4 Resolution No. 3fii& . ' Ordinance No. 7^^^ Recommendation That Specific Plan (SP-176) and Tentative Subdivision Map (CT 76-3) be approved for the reasons outlined in Planning Commission Resolution No.'s 1255 and 1256. If the Council concurs with the Planning Commission recommendation, adopt Resolution No. approving the tentative map and introduce Ordinance No. _ » Council action 6-15-76 Resolution #3925 was adopted, approving with conditions tentative map for Carlsbad Tract 76-3. "Ordinance #9462 was introduced for a first reading, adopting Specific Plan (SP-176). 7-6-76 Ordinance #9462 was given a second reading and adopted. , . CITY OF CARLSBAD - PLANNING DEPARTMENT STAFF REPORT May 12, 1976 TO:- PLANNING COMMISSION . - FROM: PLANNING. DEPARTMENT CASE NO.: SP-176 - 0. CT 76-3 SUBJECT: LA COSTA VALE j?4 APPLICANT: LA COSTA LAND .COMPANY Request: Approval of a Specific Plan and Tentative Tract map for a 117-lot subdivision. RECOMMENDATION I. Staff recommends that SP-176 be APPROVED because of the follow- ing findings and subject to the following conditions:- ' FINDINGS (SP-176) 1. The Specific Plan is consistent with the General Plan and applfca- ble Master Plan because: . • " • a) The land use and density of the project (3.2 dwellings per. acre) conform to the site's designation in the Land Use Element of the General Plan Land Use Element (Residential Medium-High density, 10-20 dwel/1 ings/acre), and adopted La Costa Master Plan (6.2 dwellings/acre). b) Open Space and Circulation are provided for in a manner consistent with'applicable Elements of the General Plan and the adopted La Costa Master Plan. 2. The .proposed Specific Plan is consistent with the City of Carlsbad Environmental Protection Ordinance of 1972 because: a) An Environmental Impact Report (EIR-35) for a prior project on the site was certified by City Council and a supplement covering the proposed project prepared; and b) The adverse impacts identified in said Environmental Impact Report will be mitigated by conditions of this approval, previous project approvals on the site, ongoing local, State and Federal programs, or have been found to be outweighed by the social an'd economic benefits of the project. 3. The proposed Specific Plan conforms to applicable City policies and ordinances dealing with public facilities because: a) The provision of Public Facilities has been assured, meeting City standards concurrent with need, as conditions of approval of this project and prior project approvals on the site. CONDITIONS (SP-176) Cv1. Approval of that portion of SP-38, adopted by City Council June 5, 1973, Resolution 3128, included in this approval shall be amended by this approval. 2. The approval is granted for-the land described in the application and attachments thereto, and as shown on the plot plan submitted labeled Exhibit "B", dated March 9, 1976. The location of all lots, roadways and other facilities and features shall be located sub- stantially as shown on the plot plan labeled Exhibit "B", except or unless indicated otherwise herein.- 3. Lot 115 shall be divided, into two lots. The portion labeled "Open •Space" shall become Lot 117 as indicated on Exhibit "B", dated March 9, 1976, and the remainder designated as Lot 115. An open space easement for purposes of maintenance and improvement shall be granted to the City of Carlsbad over Lot 115. Lot 117 shall be dedicated to the City cf Carlsbad for open space and parks purposes. Both dedications on Lots 115 and 117 shall occur con- current with final map recordation. 4. The applicant shall grant to the City of Carlsbad a twenty-foot wide/ •easement for public access over the length of Lot,116,. the location of which shall be determined prior to approval of t-he final map. 5. The applicant shall grant an open sp,ace easement for maintenance and improvement purposes.over-the remainder of Lot 116 concurrent with final map recordation. 6. Prior to the issuance' of grading permits, the City Engineer shall . approve a plan submitted by the applicant for interim erosion control on all man-made slopes in excess of five feet created by this subdivision. Prior to the issuance of grading permits, the applicant shall post bonds and agreements ensuring the in- stallation and maintenance of the erosion control system until permanent landscaping is instal1ed'and maintained. 7. Prior to the issuance of any building permits, the applicant shall submit a permanent landscaping and irrigation plan to the Parks and Recreation Director for his approval. The plan shall: ' • a) Cover those slopes at the rear of Lots 1-6, 28-31, and 48-65, and the slope at the east side of Lot 41. 3 a) Cover those slopes at the rear of Lots 1-6, 28-31, and 48-65, and the slope at the east side of Lot 41. * b) Utilize fire-retardant, drought-resistant landscaping which includes trees and shrubs which reach a variety of sizes at maturity. (c) Utilize an irrigation system appropriate for common maintenance of the required landscaping in conformance , with Conditions 7, 8 and 9. 8. Permanent landscaping and irrigation shall be installed on all lots identified in Condition 6(a) before any of those lots . are occupied. If residential construction occurs in units, this condition shall be met on a unit-by-unit basis. 9. Prior to approval of a final subdivision map for any portion of the Specific Plan area, the applicant shall file with the Clerk of the City of Carlsbad a petition for the formation of an Open Space Maintenance District as'provided for in Section 50590 of the California State Government Code to provide main- tenance of Lots 115 and 116. The applicant shall.maintain Lots 115 and 116 and all landscaping installed in conformance with Conditions 5 and 6 until such time as an Open Space Maintenance District is established and accepts maintenance responsibilities as prescribed in the Open Space Maintenance Act, or until main- tenance responsibility is accepted by another- entity acceptable to the City. 10. Prior to the issuance of building permits, the provision of permanent open space maintenance shall be assured to the satis- faction of the City Manager. If the City Council has not form- ed an Open Space Maintenance District as petitioned by the applv cant in conformance with Condition 5, the applicant shall form a Homeowners' Association to perfor.nl maintenance, or guarantee maintenance by another entity acceptable to the City Manager. 11. All development conditions of the R-l-7500 Zone shall apply to the construction c*f buildin.gs on Lots V114. All lots created by a final subdivision map on the project site shall be in substantial conformance with Exhibit "B", dated March 9, 1976. The Planning Director may approve minor deviations in lot lines appearing on a final map if the deviations do not increase the number of substandard frontage lots created, do not significantly decrease the availability of on-street parking, and do not detract from the functioning of the pro- ject as a neighborhood. 12. Prior to the issuance of building permits on those lots adja- ' cent Rancho Santa Fe Road, a study of the noise levels on said lots shall be made by an acoustical engineer experienced -3- /•"» . .«•*%' in noise attenuation. Said study shall determine if attenuation measures are necessary to bring noise levels within 65dB(A) out- doors and 45dB(A) indoors. Said study shall recommend such attenuation measures as deemed necessary. Said measures shall be incorporated in the site design and building plans for said lots. 13. All development conditions of the 0-S Zone shall apply toAll development condition Lots 115, 116 and 117. 11. TENTATIVE TRACT MAP RECOMMENDATION Staff recommends that CT 76-3 be APPROVED because of the following findings and subject to the following conditions: FINDINGS (CT 76-3) 1. The proposed map, its design and improvements, is consistent with the General Plan, applicable Master and Specific Plans because: a) The land use and density of the project (3.2 dwellings per acre) conform to the Site's designation in the Land Use Element of the General Plan Land Use Element (Residential- Medium-High density, 10-20 dwellings/acre), and adopted La Costa Master Plan (6.2 dwellings/acre). i b) Open Space and Circulation are provided for in a manner consistent with applicable Elements of the General Plan and the adopted La Costa Master Plan. / 2. The proposed map has complied with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 because: a) An Environmental' Impact Report (EIR-35) for a prior pro- ject on the site was certified by City Council and a supplement covering the proposed project prepared. b) The adverse impacts identified in said Environmental Im- pact Report will be mitigated by Conditions of this approval, previous project approvals on the site, ongoing local, State and Federal programs, or have been found to be out- weighed by the social and economic benefits of the project. 3. The proposed map conforms to applicable City policies and or- . dinances dealing with public facilities because: a) The provision of Public Facilities has been assured, meeting City standards concurrent with need, as condi- tions of approval of this project and prior project approvals on the site. CONDITIONS (76-3) 1. Approval of that portion of CT 72-20, adopted by City Council on June 5, 1973 (Resolution 3129), included in this approval shall be amended by this approval. 2. The approval is granted for the 1 and "described in the applica- tion and attachments thereto, and as shown on the plot plan submitted, labeled Exhibit "B", dated March 9, 1976, except as indicated herein. The final map shall be submitted for approval within 18 months from the date of final action by the City Council. The final map shall be in substantial con- . formance with the tentative subdivision map, Exhibit "B", ex- cept as provided by the development conditions of SP-176. 3. Park-in-lieu fees shall be granted to the City of Carlsbad prior to City Council approval of the final subdivision map. 4. Street names shall be designated in accordance with City Council Policy 20 and shall be approved by the- Planning Director prior to approval of the final map. 5. Lot 115 shall be divided into two lots. The portion labeled "Open Space" shall become Lot 117 as indicated on Exhibit "B", dated March 9, 1976, and the remainder designated as Lot 1T5. An open space e.asement for purposes of rnai r.tcn.ar.cc and improve- ment shall be granted to the City of Carlsbad.over Lot 115. Lot 117 shall be dedicated to the City of Carlsbad for open space *; and. parks purposes. -Both dedications on Lots 115 and 117 shall occur concurrent with final map recordation. 6. The applicant shall grant to the City of Carlsbad a twenty-foot wide easement for public access over the length of "Lot 116, the location of which shall be determined prior to approval of the final map. .' 7. The applicant shall grant an open space easement for maintenance and improvement purpcfses over the remainder of Lot 116 concurrent with final recordation. . _ 8. All drainage easements shall be improved by a culvert or drainage channel of adequate size, whichever is required by the San Diego County Department of Sanitation and Flood Control. Where a drainage channel is required, such channel shall be lined with a suitable material as specified by the County Department of Sanitation and Flood Control. All easements shall be monumented along property lines at locations approved by the County Depart- ment of Sanitation and Flood Control. An access easement shall be provided to each drainage system maintenance a'ccess point not directly accessible from a public roadway, said access ease- ment shall be paved and aligned to the satisfaction of the County • Department of Sanitation and Flood Control. -1- fe 9. Additional drainage easements and drainage structures shall be provided or installed as may be required by the San Diego County Department of Sanitation and Flood Control. 10. All surface waters originating within the subdivision and all surface waters that may flow onto the subdivision from adjacent . lands shall be disposed of by a drainage system satisfactory to the County Department of Sanitation and Flood'Control . 11. That portion of Final Subdivision Map 7950 included in this approval shall be reverted to acreage prior to final map approval. • BACKGROUND REPORT Location and Description of Property: The 40-acre site is located on the west side of Rancho Santa Fe Road between La Costa Avenue and San Marcos Canyon. The site is hilly and covered with natural grasses, brush and bushes. Existing Zoning: Subject Property: North: South: East: West: Existing Land Use Subject Property: North: South: West: East: P-C P-C P-C P-C P-C Vacant Vacant Vacant) Vacant) Vacant Currently being graded for Vale Units 2 and 3 Past History and Reflated gases: City Council approved CT 72-20 and SP-38, Vale Units 2 and 3, on June 5, 1973 (Resolution 3128 and 3129). Final maps for both Units were subsequently approved. The present proposal is a resubdivision of a portion of Unit 3. The existing La Costa Master Plan, adopted by City Council, January 15, 1974, designates the site for residential use, 6.2 dwellings per acre. Environmental Impact Information: EIR-35 was certified at the time of approval of CT EIR identified the following adverse environmental be avoided should the proposal be implemented: 72-20/SP-38. effects which That cannot -6-1 1. To decrease the amount of natural, undeveloped land in the City ' of Carlsbad by 290 acres, of which.42 acres will be retained as natural one-half acre lots and 13 acres as a park lot. 2. A minimal decrease in water quality associated with runoff from urban areas (fertilizer from lawns, hydrocarbons and metals from streets, and others). 3. To increase traffic on La Costa Avenue, Rancho Santa Fe Road and other roads. 4. A minimal increase in ?.ir and noise pollution associated with the increased traffic. • 5. A temporary increase in noise associated with construction of the. project. 6. A minimal increase in demand for public utilities. 7. To decrease the available wildlife habitat'in the area and to displace wildlife from the graded portions of the project site. EIR-35 is available for review in the Planning Department. The applicant submitted with his application Supplemental Environ- mental Information for La Costa Vale Unit 4, which is attached. That document identified one environmental impact not fully covered in the original EIR - noise from Rancho Santa Fe'Road. Mitigation of that impact has been made a condition of .Specific Pl.an approval. The project therefore conforms with the Carlsbad Environmental Pro- tection Ordinance by Prior Compliance (Section 19.04.15J). General Plan Information: . • The Vale Subdivision was priginally approved under the old General Plan, which allowed a higher density than the City's new General Plan. The new Land Use El'ement designated the project site for Residential Medium-High density (10-20 dwellings/acre). The amend- ments to the Land Use Element recently recommended for approval by the Planning Commission designate the site for RLM use, 0-4 dwellings per acre. The Project's density of 3.2 dwellings per acre is within this range. PUblic Facilities: The project is within the water and sewer service areas of the Oliven- hain Municipal and Leucadia County Water Districts, respectively. Both Districts have indicated that service capacity is -available. The project is within the Encinitas Elementary School and San Dieguito Union High School Districts. Both Districts have assured Staff that capacity is available for students living in the project area. BEST COPY Incidental Information: The applicant's recent request to. dispose of rock from Vale #3 excavation onto Lot 115, which has been approved by the Engineer- ing Department, may limit use of this lot. Major Planning Considerations: Is the change in development program appropriate in terms of land usage? Are the substandard frontage lots (panhandles) acceptable in terms of ,ti ty pol icy? DISCUSSION Open Space: Lot 117, as designated on Exhibit "B", is covered by the San Marcos Canyon Agreement between the City and the applicant. Staff, therefore, recommends that it be reserved for open space and maintained as outlined in the recommended conditions of approval. The lot is an open space, as opposed to a private park and therefore is not eligi- ble for the potential 25% park fee credit. Open Space Maintenance: The project includes three typical open space maintenance situations: the SDG&E open space corridor, man-made slopes adjacent public rights- of-way, and a portion of San.Marcos Canyon. As outlined in Specific Plan Condition 8, staff recommends that the first two situations be maintained through an Open Space Maintenance District. These areas are generally of community-level interest and are therefore suitable for maintenance by a District. • San Marcos mai nta'i ned Canyon by the is of City. City-wide interest and should therefore be Panhandle Lots The Commission should note that Lots 11, 28, 30, 31, 36, 48 and 89 have substandard street frontage. Given the alignments of Espera and Cadencia Streets from CT 72-20, the proposed map appears to make the most efficient use of the land. Staff feels that the seven panhandle lots included are therefore appropriate. Satisfactionof Parks Requirement: The applicant satisfied the Parks requirement for Vale Units 2 & 3 together at the time their final map was approved. The require- ment (9.85 acres) was satisfied through the dedication of 12+ acres of Park land in Unit 2. °l The Subdivision Ordinance requires satisfaction of the Parks require- ment for any subdivision. Therefore, Vale #4 will be. required to satisfy the Parks requirement even though park land was dedicated for Vale #4 when Vale #4 was a portion of the Vale 2 & 3 final map. To avoid this inequity, staff proposes that that portion of Vale #3's final map now known as Vale #4 be reverted to acreage. With reversion to acreage, the City can credit La Costa with that portion of the park land dedication attributable to Vale #4 (1.69 acres). The new sub- division of Vale #4, if given final map approval before a Master Parks Agreement is adopted, will require the payment of park fees since only park land within the boundaries of a subdivision may be used to meet the parks requirement. When a Master Parks Agreement is adopted, the 1.69 acre "credit" can be applied to a subsequent subdivsion, as can the balance of the 12 + acres dedicated over the original 9.85 acres required. Development Requirements: • At its hearing of this matter on April 28, 1976, the Commission dis- cussed several development requirements with the applicant and staff. Staff has prepared a memorandum on these issues as a separate report for further Commission discussion. Attachments: Location Map Specific Plan Map/Tentative Tract Map Exhibit "B", dated 3/9/76 (distributed previously) Supplemental Environmental Information Report dated 3/2/76 (distributed previously) AM:mdp (5/7/76) -9- •. " IO c-o COPY SCALE No .Cf "7.6' ^5 'Date 'Rec ' d :. Description of Request: -Z&JlL DCC:Da.te:. *> +0 Date Address or Location of 'Request '• J App 1 i ca nt : Gngr. o \\Arch. g/c Brief Legal :_^ Assessor Book: ?.2^3 Pa<jc:_ General Plan Land Use Description: |-^ P/T?' 'xlsting %7-one: ES^__ Proposed '/.one: r -)- v s- A'.. •V..P.-*.f .___J cros: '_&Q___ L.N°- of" Lots:,____/jjijL—Jl—l—P^'s 13 ^' 1: .—•—^'^ Acre cliool b i s tr i c t:.sritt^£<L-Q£2dZZ&L^ a t er S a n i ta t i on 1) Ts^t i-'fc t: ^uj^^j^^^Jj^j^^ ith^Cjoast Plan" Area:_y^£ ..'•_ -yyAt-i-.-. - L_J-^ast I'ei'init Area^^yr^/^ L/_ u o CADENCIA ST SPECIFIC PLAN ,176 Exhibit "A" Resolution 1255 May 26, 1976 PIRAGUA 500 MAP COMPILED BY CITY OF CARLSBAD PLANNING DEPT. WITH DATA FROM SAN DIEGO COUNTY . ASSESSOR BOOK 223 PAGE 20 PARCELS I -12 AND DATA SUPPLIED BY APPLICANT. 6-8-76 c* 1-7 o 1 PLANNING COMMISSION RESOLUTION NO. 1255 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOM- 3 MENDING APPROVAL OF A SPECIFIC PLAN TO ALLOW A 117-LOT SUBDIVISION ON A 40-ACRE 4 SITE LOCATED ON THE WEST SIDE OF RANCHO SANTA FE ROAD BETWEN LA COSTA AVENUE AND 5 SAN MARCOS CANYON. CASE NO.: SP-176 6 APPLICANT: LA COSTA LAND COMPANY 7 8 WHEREAS, a verified application for a certain property, as 9 shown on the attached map has been filed with the City of Carls- 10 bad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request 12 as provided by Title 21 of the "Carlsbad Municipal Code"; and 1i5 WHEREAS, the public hearing was held at the time and in 14 the place specified in said notice on April 28, 1976 and con-*" 15 tinued to May 26, 1976; and 16 WHEREAS, at said Public Hearing, upon hearing and consider- 17 ing the testimony and arguments, if any, of all persons who de- 18 sired to be heard, said Commission considered all facts relating ' to the Specific Plan found the following facts and reasons to 20 exist: 21 1) The Specific Plan is consistent with the General Plan and 22 applicable Master Plan because: 23 a) The land use and density of the project (3.2 dwellings per acre) conform to the site's designation in the 24 Land Use Element of the General Plan Land Use Element (Residential Medium-High density, 10-20 dwellings/acre) 25 and adopted La Costa Master Plan (6.2 dwellings/acre). 26 b) Open Space and Circulation are provided for in a manner consistent with applicable Elements of the General Plan 27 and the adopted La Costa Master Plan. OR 2) The proposed Specific Plan is consistent with the City of Carlsbad Environmental Protection Ordinance of 1972 because: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 24 25 26 27 28 a) An Environmental Impact Report (EIR-35) for a prior project on the site was certified by' City Council and a supplement covering the proposed project pre- pared; and b) The adverse impacts identified in said Environmental Impact Report will be mitigated by conditions of this approval, previous project approvals on the site, on- going local, State and Federal programs, or have been found to be outweighed by the social and economic benefits of the project. 3)The proposed policies and cause: Specific Plan conforms to applicable City ordinances dealing with public facilities be- a) b) The provision of Public Facilities has been assured, meeting City standards concurrent with need, as con- ditions of approval of this project and prior project approvals on the site. The parks agreement has been met with dedication of land for parks purposes the previous NOW, THEREFORE, BE IT RESOLVED by the Planning Commission i-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 a 117-lot sub- division on a 40-acre site located on the west side of Rancho Santa Fe Road between La Costa Avenue and San Marcos Canyon, and is subject to the following conditions: 1) Approval of that portion of SP-38, adopted by City Council vJune 5, 1973, Resolution 3128, included in this approval shall be amended by this approval. 2) The approval is granted for the land described in the application and attachments thereto, and as shown on the plot plan submitted labeled Exhibit "B", dated March 9, 1976. The location of all lots, road- ways and other facilities and features shall be located substantially as shown on the plot plan labeled Exhibit "B", except or unless indicated otherwise herein. 3) Lot 115 shall be divided into two lots. The portion labeled "Open Space" shall become Lot 117 as indicated on Exhibit "B", dated March 9, 1976, and the remainder designated as Lot 115. An open space easement for purposes of maintenance and improvement shall be granted to the City of Carlsbad over Lot 115. Lot 117 shall be dedicated to the City of Carlsbad for open space and parks purposes. Both dedications on Lots 115 and 117 shall occur concurrent with final II 1 2 3 4 5 6 7 8 9 10 11 12 «-,!10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4) 5) 6) 7) 8) 9) 10) The applicant shall grant to the City, of Carlsbad a twenty-foot wide easement for public access over the length of Lot 116, the location of which shall be de- termined prior to approval of the final map. The applicant shall grant an open space easement for maintenance and improvement purposes over the remainder of Lot 116 concurrent with final map recordation. Prior to the issuance of grading permits, the City Engineer shall approve a plan submitted by the applicant for interim erosion control on all man-made slopes in excess of five feet created by this subdivision. Prior to the issuance of grading permits, the applicant shall j post bonds and agreements ensuring the installation and maintenance of the erosion control system until permanen landscaping is installed and maintained. Prior to the issuance of any building permits, the applicant shall submit a permanenet landscaping and irrigation plan to the Parks and Recreation Director his approval. The plan shall: for a) b) c) Cover those slopes at the rear of Lots 48-65, 100-102, 115, 116 and the slope side of Lot 41. 1-6S 28-31 , at the east Utilize fire-retardant, drought-resistant land- scaping which includes trees and scrubs which reach a variety of sizes at maturity. Utilize an irrigation system appropriate for common maintenance of the required landscaping in confor- mance with Conditions 9, 10 and 11. Concurrent with final map recordation, the applicant grant an easement over the slopes to be landscaped and irrigated in conformance with Condition 7(a), for the purpose of landscape maintenance. Permanent landscaping and irrigation shall be installed on all lots identified in Condition 7(a) before any of those lots are occupied. If residential construction occurs in units, this condition shall be met on a unit- by-unit basis. Prior to approval of a final subdivision map for any portion of the Specific Plan area, the applicant shall file with the Clerk of the City of Carlsbad a petition for the formation of an Open Space Maintenance District as provided for in Section 50590 of the California State Goverment Code to provide maintenance of Lots 115 and 116. The applicant shall maintain Lots 115 and 116 and all landscaping installed in conformance with -3- • /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 11) 12) 13) 14) Conditions 6 and 7 until such time as an Open Space Maintenance District is established and accepts main- tenance responsibilities as prescribed in the Open Space Maintenance Act, or until maintenance responsi- bility is accepted another entity acceptable to the City. Prior to the issuance of vision of permanent open assured to the satisfacti the City Council has not tenance District as petit formance with Condition 1 a Homeowners' Association guarantee maintenance by the City Manager. building permits, the pro- space mtaintenance shall be on-of the City Manager. If formed an Open Space Main- ioned by the applicant in con 0, the applicant shall form to perform maintenance, or another entity acceptable to All development conditions of the R-l-7500 Zone shall apply to the construction of buildings on Lots 1-114. All lots created by a final subdivision map on the pro- ject site shall be in substantial conformance with Exhibit "B", dated March 9, 1976. The Planning Director may approve minor deviations in lot lines appearing on a final map if the deviations do not increase the number of .substandard frontage lots created, do not signifi- cantly decrease the availability of on-street parking, and do not detract from the functioning of the project. Prior to the issuance of building permits on those lots adjacent Rancho Santa Fe Road, a study of the noise levels on said lots shall be made by acoustical engineer experienced in noise attenuation. Said study shall de- termine if attenuation measures are necessary to bring noise levels within 65dB(A) outdoors and 45dB(A) indoors as required by Chapter 35 of the Appendix to the UBC (1973 ed.). Said study shall recommend such measures a-s deemed necessary. Said measures incorporated in the site design and building said lots. attenuation shall be plans for All development conditions of the 0-S Zone shall apply to Lots 115, 116 and 117. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on May 26, 1976, by the fol- lowing vote, to wit: X X X X X X X X X X X X X X X 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 AYES: NOES: ABSENT: ABSTAIN: Commissioners Dominguez, Fikes, Jose, L'Heureux, Nelson, Larson and Watson. None None None ^ -^^"^ ^fv/*^^* ^Y_T»^\ ^TStephen^ M. L^Heureux, Chairman ATTEST: DonaTd' A. Agatep, Secretary -5- 1 PLANNING COMMISSION RESOLUTION NO. 1256 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOM- 3 MENDING APPROVAL OF THE TENTATIVE MAP REQUEST FOR A 117-LOT SUBDIVISION ON 4 PROPERTY LOCATED ON THE WEST SIDE OF RANCHO SANTA FE ROAD BETWEEN LA COSTA 5 AVENUE AND SAN MARCOS CANYON. CASE NO.: CT 76-3 6 APPLICANT: LA COSTA LAND COMPANY 7 8 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did on May 26, 1976, hold a duly noticed 10 public hearing to consider a request by La Costa Land Company, and 11 WHEREAS, a verified application for certain property, to wit: 12 That portion of Carlsbad Tract 72-20, Unit No. 3 (La Costa Vale) in the City of Carlsbad. County 13i! of San Diego, State of California, according to Map thereof No. 7950, on file in the Office of the 14 Recorder of said County, 15 has been filed with the City of Carlsbad and referred to the 16 Planning Commission; and 17 WHEREAS, said application constitutes a request as provided 18 by the "Carlsbad Municipal Code"; and 19 ' WHEREAS, the proposed map meets or performs the requirements 20 or conditions of the "Carlsbad Municipal Code" or the Subdivision 21 Map Act; and 22 WHEREAS, at said Public Hearing, upon hearing and consider- 23 ing the testimony and arguments, if any, of all persons who desired 24 to be heard, said Commission considered all facts relating to 25 the Specific Plan found the following facts and reasons to 26 exist: 2-7 1) The proposed map is consistent with applicable General and it 28 Specific Plans because: 24 o 1 a) The land use and density of the project (3.2 dwellings per acre) conform to the Site's designation in the Land 2 Use Element of the General Plan Land Use Element (Resi- dential Medium-High density, 10-20 dwellings/acre), and 3 adopted La Costa Master Plan (6.2 dwellings/acre). 4 2) The design or improvement of the proposed subdivision is consistent with applicable Gen'eral or Specific Plans because:5 a) Open Space and Circulation are provided for in a manner6 consistent with applicable Elements of the General Plan and the adopted La Costa Master Plan. 3) The site is physically suitable for the type of development8 because: . 9 a) An Environmental Impact Report (EIR-35) for a prior project on the site was certified by City Council and '" a supplement covering the proposed project prepai I 11 4) The site is physically suitable for the proposed density of development because: a) The land use and density of the project (3.2 dwellings per acre) conform to the Site's designation in the Land Use Element of the General Plan Land Use Element (Residential Medium-High density, 10-20 dwellings/acre), and adopted La Costa Master Plan (6.2 dwellings/acre). There are no unique or unusual topographic features that would restrict the number of dwelling units pro-16 posed. 5) The design of the subdivision or the imposed improvements will not cause substantial environmental damage or substan- tially and avoidably injure fish or wildlife or their 1Q ' habitate because:i y 20 a) The adverse impacts identified in said Environmental Impact Report #35 will be mitigated by Conditions of this 21 approval, previous project approvals on the site, on- going local, State and Federal programs, or have been 22 found to be outweighed by the social and economic bene- fits of the project. 23 6) The design of the subdivision or the type of improvement will not cause serious public health problems. 25 a) There are no unique or unusual circumstances in the development of the subject project that would affect 26 public health quality. 27 7) That the design of the subdivision or the type of improve- ments will not conflict with easements acquired by the public 28 at large for access through, or use of, property within the proposed subdivision. . n c o 1 a) Dedication of all public easements and right-of-ways will be insured through conditions imposed through 2 this approval or subsequent approvals prior to con- struction. 3 8. The proposed map has complied with the requirements of the 4 City of Carlsbad Environmental Protection Ordinance of 1972 because5 a) An Environmental Impact Report (EIR-35) for a prior project on the site was certified by City Council and a supplement covering the proposed project prepared. b) The adverse impacts identified in said Environmental8 Impact Report will be mitigated by Conditions of this approval, previous project approvals on the site, on-9 going local, State and Federal programs, or have been found to be outweighed by the social and economic10 benefits of the project. 11 9) The proposed map conforms to applicable City policies and or- dinances dealing with public facilities because: a) The provision of Public Facilities has been assured, meeting City standards concurrent with need, as condi- tions of approval of this project and prior project 15 approvals on the site, b) The parks agreement has been met with the previous dedication of land for parks purposes 10) The subject property does not front on pub!ic waterways , rivers, streams, lakes, reservoirs, coastline or shoreline 18 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission 19 of the City of Carlsbad as follows: 20 A) That the above recitations are true and correct. 21 B) That in view of the findings heretofore made and consider- 22 ing the applicable law, the decision of the Planning Com- mission is to approve Case No. CT 76-3 subject to the follow 23 ing conditions: 24 1) Approval of that portion of CT 72-20, adopted by City Council on June 5, 1973 (Resolution No. 3129) 25 included in this approval shall be amended by this approval. 2) The approval is granted for the land described in 27 the application and attachments thereto, and as shown 28 -3- 1 on the plot plan submitted, labeled Exhibit "B", dated March 9, 1976, except as indicated herein. 2 The final map shall be submitted for approval within 18 months from the date of final action by the City 3 Council. The final map shall be in substantial con- formance with the tentative subdivision map, Exhibit 4 "B", except as provided by the development conditions of SP-176. 5 3) Street names shall be designated in accordance with 6 City Council Policy 20 and shall be approved by the Planning Director prior to approval of the final map. 4) Lot 115 shall be divided into two lots. The portion8 labeled "Open Space" shall become Lot 117 as indicated on Exhibit "B", dated March 9, 1976, and the remainder 9 designated as Lot 115. An open space easement for pur- poses of maintenance and improvement shall be granted10 to the City of Carlsbad for open space and parks pur- poses. Both dedications on Lots 115 and 117 shall occur11 concurrent with final map recordation. 12 5) The applicant shall grant to the City of Carlsbad a twenty-feet wide easement for public access over the '3 length of Lot 116, the location of which shall be de- termined prior to approval of the final map. 6) The applicant shall grant an open space easement for15 maintenance and improvement purposes over the remainder of Lot 116 concurrent with final recordation.16 7) Prior to the issuance of any building permits, the appli17 cant shall submit a permanent landscaping and irrigation plan to the Parks and Recreation Director for his approv1B al. The plan shall: 19 a) Cover those slopes at the rear of Lots 1-6, 28-31, 48-65, 100-102, 115, 116 and the slope at the east ^u side of Lot 41. ?1 b) Utilize fire-retardant, drought-resistant land- 22 scaping which includes trees and shrubs which reach a variety of sizes at maturity. 23 c) Utilize an irrigation system appropriate for com- 24 mon maintenance of the required landscaping in conformance with Conditions 9, 10 and 11. 25 8) Concurrent with final map recordation, the applicant 2Q shall grant an easement over the slopes to be land- scaped and irrigated in conformance with Condition 7(a), 27 for the purpose of landscape maintenance. 28 X X X X X -4- ' *M 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 9) All drainage easements shall be improved by a culvert or drainage channel of adequate size, whichever is re- quired by the San Diego County Department of Sanitation and Flood Control. Where a drainage channel is required such channel shall be lined with a suitable material as specified by the County Department of Sanitation and Flood Control. All easements shall be monumented along property lines at locations approved by the County Department of Sanitation and Flood Control. An access easement shall be provided to each drainage system maintenance access point not directly accessible from a public roadway, said access easement shall be paved and aligned to the satisfaction of the County Depart- ment of Sanitation and Flood Control. 10) Additional drainage easements and drainage structures shall be provided or installed as may be required by the San Diego County Department of Sanitation and Flood Control . 11) All surface waters originating within the subdivision and all surface waters that may flow onto the subdi- vision from adjacent lands shall be disposed of by a drainage system satisfactory to the County Department of Sanitation and Flood Control. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on May 26, 1976, by the folio ing vote, to wit: AYES: Commissioners Dominguez, Fikes, Jose, L'Heureux, Nelson, Larson and Watson. NOES: None « ABSENT: None ABSTAIN: None n- Stephen ATTEST: Donald A. Agatep, Secretary * * Q QQto m -> 0 ^gu. -| m o _ ~j VINCENT F.ATTORNEY - <1200 ELW!\RLSBAD. CAI>- O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9462 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING A SPECIFIC PLAN (SP-176) FOR A 117-LOT SUBDIVISION ON A 40-ACRE SITE GENERALLY LOCATED ON THE WEST SIDE OF RANCHO SANTA FE ROAD BETWEEN LA COSTA AVENUE AND SAN MARCOS CANYON. APPLICANT: LA COSTA LAND COMPANY. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: A Specific Plan (SP-176) is hereby adopted for development of a 117-Lot Subdivision on a 40-acre site generally located on the west side of Rancho Santa Fe Road between La Costa Avenue and San Marcos Canyon, more particularly described on map marked SP-176, Exhibit "A", attached hereto and made a part hereof; and said plan to consist of a plot plan marked Exhibit "B", dated April 9, 1976, and an application with attachments on file in the office of the City Planning Department and incorporated by refer- ence herein, subject to all terms and conditions of this ordinance. SECTION 2: Findings. The approval of Specific Plan (SP-176) is justified by the following findings: 1. The Specific Plan is consistent with the General Plan and applicable Master Plan because: a) The land use and density of the project (3.2 dwellings per acre) conform to the site's designation in the Land Use Element of the General Plan Land Use Element (Residential Medium-High density, 10 - 20 dwellings per acre), and adopted La Costa Master Plan (6.2 dwellings per acre). b) Open space and Circulation are provided for in a manner consistent with applicable elements of the General Plan and the adopted La Costa Master Plan. 2. The proposed Specific Plan is consistent with the City •M, CO -s ! foilZ ^ tu irsfc ££ mO ^3 "••jdS £|8oUJ ^ CN <UJ ^Zo tc CQW 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 of Carlsbad Environmental Protection Ordinance of 1972 because: a) An Environmental Impact Report (EIR-35) for a prior project on the site was certified by City Council and a supplement covering the proposed project pre- pared; and b) The adverse impacts identified in said Environmental Impact Report will be mitigated by conditions of' this approval, previous project approvals on the site, ongoing local, State and Federal programs, or have been found to be outweighed by the social and economic benefits of the project. 3. The proposed Specific Plan conforms to applicable City policies and ordinances dealing with public facilities because: a) The provision of Public Facilities has been assured, meeting City standards concurrent with need, as conditions of approval of this project and prior project approvals on the site. b) The parks agreement has been met with the previous dedication of land for parks purposes. SECTION 3: Development Conditions. The Specific Plan (SP-176) is approved subject to the following conditions and restrictions, and the development of the property, as described in Section 1 hereof, shall be subject to all such conditions and restrictions which are in addition to all requirements, limitations and restrictions of all municipal ordinances and 'state and federal laws now in force or which may hereafter be in force: 1. Approval of that portion of SP-38, adopted by City Council June 5, 1973, Resolution 3128, included in this approval shall be amended by this approval. 2. The approval is granted for the land described in the application and attachments thereto, and as shown on the plot plan submitted labeled Exhibit "B", dated April 9, 1976. The location of all lots, roadways and other facilities and features shall be located sub- stantially as shown on the plot plan labeled Exhibit "B"except or unless indicated otherwise herein. 2. 1 2 3 4 5 6 7 8 9 10 11 o 12 .1 I 13 < en Ssl 14Ou. ^^9° i io£ >§y t < it u:" 5 <- UJ O §|S< Z O co o 15 80 16 17 18 19 20 21 22 23 24 25 26 27 . 28 3. Lot 115 shall be divided into two lots. The portion labeled "Open Space" shall become lot 117 as indicated on Exhibit "B", dated April 9, 1976, and the remainder designated as Lot 115. An open space easement for purposes of maintenance and improvement shall be granted to the City of Carlsbad over Lot 115. Lot 117 shall be dedicated to the City of Carlsbad for open space and parks purposes. Both dedications on Lots 115 and 117 shall occur concurrent with final map recordation. 4. The applicant shall grant to the City of Carlsbad a twenty-foot wide easement for public access over the length of Lot 116, the location of which shall be determined prior to approval of the final map. 5. The applicant shall grant an open space easement for maintenance and improvement purposes over the remainder of Lot 116 concurrent with final map recordation. 6. Prior to the issuance of grading permits, the City Engineer shall approve a plan submitted by the applicant for interim erosion control on all man-made slopes in excess of five feet created by this subdivision. Prior to the issuance of grading permits, the applicant shall post bonds and agreements ensuring the installation and maintenance of the erosion control system until permanent landscaping is installed and maintained. 7. Prior to the issuance of any building permits, the applicant shall submit a permanent landscaping and irrigation plan to the Parks and Recreation Director for approval. The plan shall: a) Cover those slopes at the rear of Lots 1-6, 28-31, 48-65., 100-102, 115, 116 and the slope at the east side of Lot 41. b) Utilize fire-retardant, drought-resistant landscap-. ing which includes trees and shrubs which reach a variety of sizes at maturity. c) Utilize an irrigation system appropriate for common maintenance of the required landscaping in conform- ance with Conditions 9, 10 and 11. 8. Concurrent with final map recordation, the applicant grant an easement over the slopes to be landscaped and irrigated in conformance with Condition 7 (a), for the purpose of landscape maintenance. 9. Permanent landscaping and irrigation shall be installed on all lots identified in Condition 7(a) before any of those lots are occupied. If residential construction occurs in units, this condition shall be met on a unit-by-unit basis. 3. COV) O u. ^ IO O z g l£|8L'H £ E ^^-Jd5 fc fc o _•i£ SoUJ Z (S rfo EC - 2 it -> f- IT t- 0 2 3 4 5 6 *7i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o 10. Prior to approval of a final subdivision map for any portion of the Specific Plan area, the applicant shall file with the Clerk of the City of Carlsbad a petition for the formation of an Open Space Maintenance District as provided for in Section 50590 of the California State Government Code to provide maintenance of Lots 115 and 116. The applicant shall maintain Lots 115 and 116 and all landscaping installed in conformance with Conditions 6 and 7 until such time as an Open Space Maintenance District is established and accepts main- tenance responsibilities as prescribed in the Open Space Maintenance Act, or until maintenance responsi- bility has accepted another entity acceptable to the City 11. Prior to the issuance of building permits, the provision of permanent open space maintenance shall be assured to the satisfaction of the City Manager. If the City Council has not formed an Open Space Maintenance District as petitioned by the applicant in conformance with Condition 10, the applicant shall form a Home- owners' Association to perform maintenance, or guarantee maintenance by another entity acceptable to the City Manager. 12. All development conditions of the R-l-7500 Zone shall apply to the construction of buildings on Lots 1-114. All lots created by a final subdivision map on the project site shall be in substantial conformance with Exhibit "B", dated April 9, 1976. The Planning Director may approve minor deviations in lot lines' appearing on a final map if the deviations do not increase the number of substandard frontage lots created, do not significant1 ly decrease the availability of on-street parking, and do not detract from the functioning of the project. 13-. Prior to the issuance of building permits on those lots adjacent Rancho Santa Fe Road, a study of the noise levels on said lots shall be made by an acoustical engineer experienced in noise attenuation. Said study shall determine if attenuation measures are necessary to bring noise levels within 65 db(A) outdoors and 45 db(A) indoors, as required by Chapter 35 of the Appendix to the UBC (1973 ed.). Said study shall recommend such attenuation measures as deemed necessary. Said measures shall be incorporated in the site design and building plans for said lots. 14. All development conditions of the Open Space Zone shall apply to Lots 115, 116 and 117. SECTION 4. Administration and Enforcement. The Building Department shall not approve any building for occupancy until the Planning Director has certified that all the conditions of this 4. * >v 1 2 3 4 5 6 7 8 9 10 11 12 § § 13 «J EC CNOC < 0) d " s | 14 9 ° Z CC 2 H < u- "IKm 0 5 3 •LC) J tu CJ Z ^ 8 Q 16UJ «£. <N rf 0 £ *~ COi| i i? £ ° 18 19 20 21 22 23 24 25 26 27 28 ^ ' ^ •^^ N^ ordinance have been satisfied. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 15th day of June , 1976 and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 6th day of July ,1976, by the following vote, to wit: AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler NOES: None ABSENT: None "N/O st ^\^2?U^V^-' *3fyj&ye*. ROBERT C. FRAZEE, Itfayor ATTEST : S^7 ^ ^ //)// /&&44/ii%/ £ ' Cs7Sut#*t4s MARC^AREft E. ADAMS, City Clerk (/ (SEAL) 4 5. . . • 3 CADENCIA '-G PIRAGUA ST EX^JBIT "A" TO ORDINANCE NO. 9462 5OO SPECIFIC PLAN' ,476 MAP COMPILED BY CITY OF CARLSBAD PLANNING DEPT. WITH DATA FROM SAN DIEGO COUNTY . ASSESSOR BOOK 223 PAGE 2O PARCELS I-12 AND DATA SUPPLIED BY APPLICANT. 6-8-76 <*