HomeMy WebLinkAbout1977-04-05; City Council; 4053-1; Douglass Southwest Corporation//
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DEPARTMENT' _ PLANNING City Mqr. M„ j — _y
SUBJECT: ~~ :
APPLICANT: DOUGLASS SOUTHWEST CORPORATION
CASE NO: SP-115(A), PUD-6, CT 76-15.
STATEMENT OF THE HATTER " ;
REQUEST;
In December 1976, the Planning Commission recommended that CT 76-15
and PUD-6 be denied. However, the City Council referred the matter
back to the Planning Commission for review of the requested redesign .
of the Tract Map. The Tract Map was substantially changed by reversing
the lots on Tamarack, so they backed instead of fronted onto Tamarack.
In addition, a small area along Tamarack near Skyline has been deleted
from the Tract Map.
Staff felt that this was a substantial change and therefore noticed a
new public hearing. Staff was satisfied with the modifications, and
recommended approval. In recommending approval, however, a modification
to the existing SP-115(A), also had to be made.
The Planning Commission agreed with staff and recommended approval of
the deletion of the portion of SP-115(A), and the approval of the Tract
Map, and the PUD as per staff recommendation.
Exhibits;
Planning Commission Resolution No's: 1337, 1335, 1336.
Planning Commission Resolution No: 1307, 1309
Staff Report dated, March 9, 1977.
Staff Report dated, December 22,- 1976
Exhibits': E, F, G, H, I.,, dated February "22, 1977. r-
. ' Location Map. -
Recommendation:
It is recommended that the City Attorney be directed to prepare the
documents approving the deletion of a portion of SP-115(A), and
approving CT 76-15 and PUD-6 as per Resolution Nos: 1337, 1335, 1336.
Council Action:
4-5-77 The City Attorney was directed t'o prepare the documents necessary
to approve the deletion of a portion of SP-115 (A), and approval
of Tentative Map for CT 76-15 and PUD-6 as per Planning Commission
Resolution Nos. 1337, 1335 and 1336, subject to a new Specific
Plan being submitted, readjustment of park fees on the Tentative
Map and that all water saving devi'ces be included in construction;
. - further, that a statement be included regarding sewer capacity
not being guaranteed at the time the developer applies for a
Building Permit.
FORM PLANNING 73 . •
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PLANNING COMMISSION RESOLUTION NO. 1337
A RESOLUTION OF THE' PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, RECOM-
MENDING APPROVAL OF AN AMENDMENT TO
SPECIFIC PLAN NO. 115, DELETING CERTAIN
PROPERTY TO BE SUPERSEDED BY CT 76-15
AND PUD-6, ON PROPERTY LOCATED ON THE
WEST SIDE OF EL CAMINO REAL BETWEEN
KELLY DRIVE AND CHESTNUT AVENUE.
CASE NO.: SP-115(A)
APPLICANT: DOUGLASS-SOUTHWEST CORPORATION
WHEREAS, a verified application for deletion of certain
property from PUD-6 and CT 76-15, to wit:
. That portion of Lot "I" of RANCHO AGUA HEDIONDA, in
the City of CArlsbad, County of San Diego, State of
California, according to the Map thereof No. 823,
filed in the Office of the County Recorder of San Diego
County, November 16, 1896, and also listed in
Assessor's Book No. 207, Page 200, Parcels 8 and 9
has been filed with the City of Carlsbad and referred to the
Planning ^Commission; and
WHEREAS, said application constitutes a request as provided
by the "Carlsbad Municipal Code;" and
WHEREAS, the public hearing to consider the subject
request was held on March 9, 1977, at the time and in the
place specified in the public hearing notice, pursuant to
the provisions of the Carlsbad Municipal Code; and
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 Tentative Tract Map request (GT 76-15) and found the following
,facts and reasons to exist: •
1) The subject application has complied with the requirements .
of the Carlsbad Environmental Protection Ordinance of 1972 '
because: • . ' " - .''.
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.a) The previous certification of EIR-129, combined wi-th ,
the submission of supplemental information meets the
Ordinance through Prior Compliance.
2) The proposed Specific Plan Amendment is consistent with
the General Plan because:
a) The Land Use Mp of the General Plan shows the subject
property as RM (Residential Medium Density, 4-10 d.u.'s
per acre). The proposed project is consistent with
that designation.
3) The proposed project conforms to applicable City policies
and ordinances dealing with Public. Facilities because:
a) At this time, all necessary public facilities, in-
cluding sewer service, are available to serve the
subject project as proposed. However, sewer facili-
ties may not be available when applications are made
for building permits. If sewer facilities are not
available at the time of building permit application,
building permits will not be issued until arrangements
satisfactory to the City Council can be made to guarantee
that all necessary sewer facilities will be available .
prior to occupancy.
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 in view of the findings heretofore made and considering
the applicable law, the decision of the Planning Commission
is to approve SP-115(A), subject to the following conditions:
a) The approval for deletion of portions of SP-115 is granted
for the land described in the application and any
attachments thereto, and as shown on the plot plan
labeled Exhibit A, dated January 25, 1977.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad .Planning Commission held on March 9, 1977, by
he following vote, to wit:
AYES: Commissioners Larson, Watson, Jose, Fikes
and L'Heureux.
NOES: Commissioner Nelson.
ABSTAIN: Commissioner Rombotis.
ABSENT: None.-
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o
ERIC LARSON, CHAIRMAN
ATTEST:
RALPHS. PLENDER, SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 1335
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF THE TENTATIVE MAP REQUEST FOR
135 SINGLE-FAMILY DETACHED DWELLINGS ON
43.99 ACRES ON PROPERTY LOCATED ON THE WEST
SIDE OF EL CAMINO REAL BETWEEN KELLY DRIVE
AND CHESTNUT AVENUE.
CASE NO.: CT 76-15
APPLICANT: DOUGLASS-SOUTHWEST CORPORATION
WHEREAS, a verified application for a certain property, to
wit:
That portion of Lot "I" of RANCHO AGUA HEDIONDA, in
the City of Carlsbad, County of San Diego, State of
California, according to the Map thereof No. 823, filed
in the Office of the County Recorder of San Diego
County, November 16, 1896, and also listed in
Assessor's book No. 207, Page 200, Parcels 8 and 9
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said application constitutes a request as provided
by the "Carlsbad Municipal Code;" and
WHEREAS, the public hearing to consider the subject request
was held on March 9, 1977, at the time and in the place specified
in the public hearing notice, pursuant to the provisions of the
Carlsbad Municipal Code; and
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 Tentative Tract Map request (CT 76-15) and found the following
facts and reasons to exist:
1) The subject application has complied with the requirements
of the Carlsbau Environmental Protection :Act of 1.972 .because:
a) The previous certification of EIR-129, combined with the
submission of supplemental information meets the ordinance
through Prior Compliance.
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2) The proposed tentative tract map is consistent with the
General Plan because: ' '
a) The Land Use Element designates the subject site for
Residential Medium Density (4-10 d.u.'s per acre).
The subject project will provide approximately 3
d.u. ' s per acre.
3) The design or improvement of the proposed subdivision is
consistent with the General Plan because:
a) The development of the proposed project will provide a
necessary link in the establishment of a portion of
Tamarack Avenue.
b) Conditions of approval will insure the above.
4) The proposed tentative tract map is consistent with appli-
cable City Public Facilities Policies and Ordinances
because:
a) At this time, all necessary public facilities, in-
cluding sewer service, are available to serve the
subject project as proposed. However, sewer faci-
lities may not be available when applications are
made for building permits. If sewer facilities
are not available at the time of building permit
application, building permits will not be issued
until arrangements satisfactory to the City Council
can be made to guarantee that all necessary sewer
facilities will be available prior to occupancy.
b) The Public Works Administrator has indicated that
the subject project has been placed in a Level 4
designation regarding potential availability of
sewer capacity. Level 4 projects are those that
are reasonably assured sewer capacity, given the
anticipated development time frame and sewer
availability projections.
5) The site is physically suitable for this type of devel-
opment because:
a) The currently requested project will require less
grading than previously approved projects for the site.
b) Most of the site has been rough-graded.
c) No significant vegetation exists on the site.
6) The site is physically suitable for. the proposed density
of development because:
a) The currently requested project will result in fewer
units than previously approved requests.
b) Proposed dwelling units per acre do not exceed the
General Plan minimum.
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'7) The design of the subdivision or the imposed improvements
are not likely to cause substantial environmental damage
or substantially and unavoidably injure fish or wildlife
or their habitat because:
a) An Environmental Impact Report has been certified
for previous approvals.
b) Staff has been supplied with adequate supplemental
information to cover project changes.
8) The design of the subdivision or the type of improvements
are not likely to cause serious public health problems be-
cause:
a) Conditions of approval will insure the above.
9) The design of the subdivision or the type of improvements
will not conflict with easements required by the public
at large for access through or use of property within
the proposed subdivision because:
a) Conditions of approval will insure the above.
10) The subdivision will not prohibit reasonable access to
public waterways, rivers, streams, lakes,' reservoirs,
coastlines or shorelines because:
a) The subdivision does not front on any of the above.
11) It is herein placed in the record that:
a) Attorneys were present representing the applicant and
an adjacent property owner stating that they wished
it made a part of the official record that they will
negotiate as to the impacts of the Tamarack Avenue
Extension traversing one-third of the neighboring
property.
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 in view of the findings heretofore made and considering
the applicable law, the decision of the Planning Commission
is to approve CT 76-15, subject to the following conditions:
1) The approval is granted for the land described in the
application and any attachments th'ereto, and as shown
on the plo1; plan submitted labeled Exhibit E, dated
February 22, 1977.
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2) Lots 116 and 117 shall include the remnant property
adjacent to them unless, prior to final mao approval,
the adjacent property (shown as not-a-part) can be
incorporated into the subdivision to allow proper lot
configuration.
3} Street names as shown-are not approved. Street names'5
shall be submitted to. the Planning Director for approval
pursuant to the Street Name Policy (City Council
Policy No. 20) prior to approval of the final map.
4) 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
5) Ornamental street lighting shall be provided for as
.required by Municipal Ordinance. The developer shall
deposit cash in the amount necessary to energize
said street lights for an eighteen-month period
after construction, to permit the incorporation
of the subdivision into a maintenance district.
6) All land and/or easements required shall be granted
to the City of Carlsbad without cost to the City, and
free of all liens and encumbrances. No easements shall
be recorded prior to recordation of the final map
unless approved by the City Engineer.
7) the improvement and grading plans shall include a
report of a geological investigation and a complete
grading plan of the entire site, when required by the
City Engineer. The report and plan shall be prepared by
civil engineers licensed by the State of California, and
experienced in erosion control, who shall be accept-
able to the City Engineer. They shall certify
that they have investigated the site and prepared
data with full consideration of the consequences to
the included and neighboring properties and in
conformance with the Geologic and Seismic Safety
Element of the General Plan. .
8) El'Carolno Real shall be dedicated and improved along
the subdivision frontage on the basis of a 126-foot
street section, according to City of Carlsbad standards.
9) Prior to issuance of a grading permit for Unit No. 3,
a forty-foot waterllne easement centered on the
existing fourteen-inch waterline crossing Unit No. 3
shall be granted to the City between .the proposed
Tamarack Avenue and Skyview Drive.
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10) Slopes adjacent to public streets shall be 2:1 maximum.
11)
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15)
The storm drain system is not specifically approved
as shown; designs of storm drains, ditches, cross-
gutters and other appurtenances shall be as approved
on the improvement plan.
All contractors' and construction material suppliers'
vehicles shall take all access from El Camino Real
during the construction of the improvements related
to this tentative map.
Proposed Palisades Drive, proposed Terrace Drive,
between Palisades and Skyview, and proposed Skyview
Drive, between Terrace Drive and Tamarack Avenue
shall be dedicated and improved on the basis of a
sixty-foot street section according to City of Carlsbad
standards.
The proposed three units shall
in sequentation order as shown
be recorded and constructed
on the tentative map.
Prior to or concurrent with
.map for Unit No. 1:
the recordation of the final
a) Tamarack Avenue shall be dedicated and improvements
shall be secured within the subdivision boundary on
the basis of a modified 84-foot street section
as approved on the amended Tentative Map, within
the subdivision boundary.
b) Tamarack Avenue right-of-way and improvements shall
be secured to its intersection with Skyline Drive.
The right-of-way width, street section width and
general alignment of Tamarack Avenue in the vicinity
of its intersection with Skyline Drive shall be
as shown on Exhibit A, of City Council Resolution
No. 3856.
c) The applicant shall enter into a secured agree-
ment to install a northbound left turn lane on
El Camino Real at Tamarack Avenue as approved
by the City Engineer.
d) The applicant shall deposit funds for the strip-
ping of the left turn pocket required in c) above,
and on Tamarack Avenue from El Camino Real to
Skyline Drive, as approved on the improvement plans.
e) The applicant shall provide revised water system
calculations, prepared by a Registered Civil
Engineer, for the entire three-unit tentative
map area. They shall be based on current design
criteria to be furnished by the City, and lines
shall be sized according to fire flow requirements
and hydrant locations approved by the Fire Marshall.
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16) Prior to or concurrent
final map for Unit No.
with the re.cordation of
2, the applicant shall:
the
a) Dedicate and improve El Camino Real per
Condition No. 8 above, along the subdivision
frontage, based on approved improvement plans
for El Camino Real.
b) Dedicate a 15-inch wide sewer easement across
Lot No. 93 from Palisades Circle to the northwest
corner of the lot.
17) If the existing 14-inch waterline lies under or
within 4 feet of the curb, gutter and sidewalk of
Skyview Drive, as approved on the improvement plans
for Unit No. 3, the applicant shall deposit funds
and/or enter into a secured agreement to relocate
the line to an alignment to conform with City of
Carlsbad standards.
18) Waterline improvements for each unit shall include
any loop system outside the unit boundary and interim
appurtenances, such as blowoffs, as required by the
City Engineer, based on the Engineer's calculations
'required in Condition No. 15 (e) above, or supplements
thereto.
19) Dedication of El Camino Real and Tamarack Avenue
shall include a waiver of direct access rights
from the lots shown on each final map as abutting thereon
20) Prior to recordation of the final map for Unit No. 3,
the applicant shall provide for the future abandonment
of the sewer proposed to cross Lot No. 115 when
construction of the offiste sewer connection in
Skyview Drive occurs.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on March 9, 1977, by
the following vote, to wit: , . .
AYES:Commissioners Larson, Watson, Nelson, Jose,
Fikes and L'Heureux.
NOES:
ABSTAIN:
ABSENT:
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None.
Commissioner Rombotis
None.
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ERIC LARSON, CHAIRMAN
ATTEST:
NDER, SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 1336
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, CON-
CERNING A PLANNED UNIT DEVELOPMENT FOR
135 SINGLE-FAMILY DETACHED DWELLINGS ON
43.99 ACRES ON PROPERTY LOCATED ON THE
WEST SIDE OF EL CAMINO REAL BETWEEN
KELLY DRIVE AND CHESTNUT AVENUE.
CASE NO.: PUD-6.
APPLICANT: DOUGLASS-SOUTHWEST CORPORATION
WHEREAS, a verified application for a certain property, to
wit:
That portion of Lot "I" of RANCHO AGUA HEDIONDA, in
the City of Carlsbad, County of San Diego, State of
California, according to the Map thereof No. 823, filed
in the Office of the County Recorder of San Diego
County, November 16, 1896, and also listed in
Assessor's Book No. 207, Page 200, Parcels 8 and 9
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 March 9, 1977; and
WHEREAS, at said public hearing, upon hearing and con-
sidering the testimony and arguments, if any, of all persons who
desired to be heard, said Commission considered all factors
relating to the Planned Unit Development and found the following
facts and reasons to exist:
1) The proposed use at the particular location is necessary and
desirable to provide a service or facility which will con-
tribute to the general well-being of the neighborhood and
the community because:
a) The development will allow the subject, property to be
developed to its allowable potential and density as
provided in the General Plan.
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2) The use will not be detrimental to the health, safety $r
general welfare of the persons residing or working in the
vicinity or injurious to property or improvements in the
vicinity because:
a) The proposed PUD will be developed in a manner similar
to the anticipated development in the area.
b) The proposed PUD will provide a necessary link in the
circulation system for the City (secondary arterial,
Tamarack).
3) The design criteria set forth in Section 21.45.110 and all
minimum development standards set forth in Section 21.45.020
will be met because:
a) The plot plan and additional exhibits include all develop-
ment aspects required.
.b) The plot plan and additional exhibits include adequate
provisions for open space, recreational facilities,
circulation and parking.
c) The project will be developed in a manner to be compatible
with surrounding development.
d) Internal circulation is acceptable to the City Engineer
as shown on the plot plan "and by conditions of approval.
e) Private recreational facilities are readily accessible.
f) Dwelling unit density does not exceed the density allowed
in the underlying zone (P-C with Master Plan).
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
City of Carlsbad as follows:
That the above recitations are true and correct.
That in view of the findings heretofore made and considering
the applicable law, the decision of the Planning Commission
is to approve PUD-6, subject.to the following conditions:
1) The approval is granted for the land described in the
application and any attachments thereto, and as shown on the
plot plan submitted labeled Exhibit F, dated February 22,
1977, and additional exhibits labeled Exhibits 6, H and
I, dated February 22, 1977. The location of all roadways,
parking areas, landscaping and other facilities or features
shall be located -substantial ly as shown on Exhibits F, 6,
H and I unless otherwise provided therein.
2) All conditions shall be appropriately completed and the'pro-
ject commenced within 18. months from final City action.
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B)
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3)
4)
All lot dimensions, size and setbacks
Avenue (extended) as. shown on Exhibit
to the R-l zone requirements.
south of Tamarack
F shall conform '
All lot dimensions, size and setbacks shall general-
ly conform to the plot plan, Exhibit F, and the typical
representations shown on Exhibits B and I. In no
case shall the standards set forth in Title 21,
Section 21.45.120 (13, A, B and C) and Section 21.45.120
(2) be superseded.
5) Structures to be built in excess of three feet above
pad level shall maintain a minimum of three feet
from any side lot line and five feet from any
rear lot line.
6) Building height shall not exceed thirty feet.
7) Lot coverage, including building and structures, shall
not exceed forty percent of the lot.
8) A uniform fencing plan to provide fencing at the top of
the slope for those lots containing slopes dropping
down to lower elevations shall be submitted to and
approved by the Planning Director, pri'or to issuance
of final occupancy for residences in Unit No. 1.
9) Fencing shall be provided according to the approved plan
prior to occupancy for each affected residence.
10) Prior to 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 three feet within the boundaries of this
subdivision. Prior to this 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.
11) 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 include all artifi-
cial slopes. These slopes shall be landscaped by the
following standards as set forth in the City Council
Open Space Maintenance Policy No. 23, as follows:
a) Restored Native Vegetation:
1) AH interior slopes; -
2) These slopes will be maintained by the
Homeowners' Association for a minimum
of three years;
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3) At the end of three years, the Homeowners'
Association may elect to return maintenance'
responsibilities to the individual lot
owners.
b) Supplemental Native Vegetation:
All slopes adjacent to Tamarack Avenue (extended);
These slopes shall be maintained by the
Homeowners' Association.
c) Refined Vegetation:
1) All slopes adjacent to El Camino Real;
2) These slopes shall be maintained by the
Homeowners' Association.
d) Intensive Vegetation:
1) All park sites as designated on Exhibits F, 6
and I;
2) These areas shall be maintained by the
Homeowners' Association.
12) Landscaping and irrigation shall be installed on
all lots identified in Condition No. 11 before any
of those lots are occupied. If residential construc-
tion occurs in units, this condition shall be met on
a unit-by-unit basis with the exception of those
lots with si opes.adjacent to Tamarack Avenue (extended)
and El Camino Real. Final landscaping and irrigation
shall be completed on those slopes adjacent to
Tamarack and El Camino Real prior to issuance of final
occupancy for the first homes in Unit No. 1.
13) CC&R's for the project shall be submitted to the
Planning Director for approval prior to issuance of
building permits.
14) A final Recreational Vehicle Storage Area Plan showing
fencing, stripping, paving specifications and access
shall be submitted to and approved by the Planning
Director, Parks and Recreation Director and the
City Engineer prior to issuance of building permits
for Unit No. 1.
15) Recreational vehicle parking shall be provided and
available to residents prior to the first final
occupancy permits for Unit No. 1.
a) If the applicant does not wish to build the
permanent Recreational Vehicle Storage Lot as
shown on Exhibits F and G prior to occupancy for
Unit No. 1, a temporary facility may be estab-
lished to the satisfaction of the Planning
Director, Parks and Recreation Director and
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the City Engineer. /
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b) A plan for th-is temporary facility must be
submitted to and approved by those mentioned
in (a) above prior to occupancy of any residence
in Unit No. 1.
16) The Recreational Vehicle Storage Facility shall be
made available to only those homeowners within the
PUD area.
17) A Final Parks Plan for all three park areas (shown
on Exhibits F, G and I) and approved by the Parks
and Recreation Director prior to issuance of build-
ing permits on Unit No. 1.
18) On lots north of Tamarack Avenue, five-foot access
easements shall be granted between property owners
adjacent to a zero-lot-line to allow for building
maintenance.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on March 9, 1977, by
the following vote, to wit:
AYES: Commissioners, Larson, Watson, Nelson, Jose,
Fikes and L'Heureux.
NOES: None
ABSTAIN: Commissioner Rombotis.
ABSENT: None/
[I.C LARSON, CHAIRMAN
ATTEST:
S. PLENDER, SECRETARY
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1 ' PLANNING COMMISSION RESOLUTION NO. 1307
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2 RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, DENYING
3 CT 76-15 FOR 136 SINGLE-FAMILY DETACHED
DWELLINGS ON 43.99 ACRES ON PROPERTY
4 GENERALLY LOCATED WEST OF EL CAMINO REAL
BETWEEN PARK DRIVE AND CHESTNUT AVENUE.
5 CASE NO.: CT 76-15
APPLICANT: DOUGLASS SOUTHWEST CORP.
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WHEREAS, a verified application for a certain property, to
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wit:
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That portion of Lot "I" of RANCHO AGUA HEDIONDA,
10 . in the City of Carlsbad, County of San Diego, State
of California, according to the Map thereof No. 823,
11 filed in the office of County Recorder of San Diego
County, November 16, 189612
has been filed with the City of Carlsbad and referred to the
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Planning Commission; and
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WHEREAS, said verified application constitutes a request as15
provided by Title 21 of the "Carlsbad Municipal Code"; and
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WHEREAS, the public hearing was held at the time and in
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the place specified in said notice on December 8, 1976 and con-
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tinued to December 22, 1976; and
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WHEREAS,'at said public hearing, upon hearing and considering20
the testimony and arguments, if any, of all persons who desired to
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be heard, said Commission considered all factors relating to the
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tentative tract map (CT 76-15) and found the following facts and23
reasons to exist:
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1) The use will be detrimental to the health, safety or general
25 welfare of the persons residing or working in the vicinity or
injurous to property or improvements in the vicinity because:
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a) If parking occurs on the south side of the proposed
27 frontage road, trash pick-up emergency vehicle access
and mail service would be substantially impaired.
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2) The Planned Unit Development (PUD-6) .was denied on December
22, 1976 and CT 76-15 does not conform to the Conditions of
approved SP-115 (City Council Resolution No. 3177, dated
August 7, 1973).
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 tentative tract map (CT 76-15) is denied to allow
136 single-family detached dwellings on 43.99 acres on
property located west of El Camino Real between Park Drive and
Chestnut Avenue.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
•*
City of Carlsbad Planning Commission held on December 22, 1976 by
the following vote to wit:
AYES: Commissioners L'Heureux, Fikes, Nelson, Larson and
Jose.
NOES: Commissioner Watson.
ABSTAIN: Commissioner Rombotis.
ABSENT: None.
STEPHEN M. L'HEUREUX, CHAIRMAN
ATTEST:
BUD PLENDER, SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 1309
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, DENYING
A PLANNED UNIT DEVELOPMENT PERMIT FOR 136
SINGLE-FAMILY DETACHED DWELLINGS ON 43.99
ACRES ON PROPERTY GENERALLY LOCATED WEST
OF EL CAMINO REAL BETWEEN PARK DRIVE AND
CHESTNUT AVENUE.
CASE NO.: PUD-6
APPLICANT: DOUGLASS SOUTHWEST CORP.
WHEREAS, a verified application for a certain property, to
wit;
That portion of Lot "I" of RANCHO AGUA HEDIONDA,
in the City of Carlsbad, County of San Diego, State
of California* according to the Map thereof No. 823,
filed in the office of County Recorder of San Diego
. County, November 16, 1896
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 December 8, 1976 and con-
tinued to December 22, 1976; and
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
Planned Unit Development Permit and found the following facts and
reasons to exist:
1) The use will be detrimental to the health, safety or general
welfare of the persons residing or working in the vicinity or
injurous to property or improvements in the vicinity because:
a) The lack of a sidewalk and the "frontage road" design
on the northerly side of Tamarack will cause potential
pedestrian-bicycle-motor vehicle conflicts which will
become an unnecessary liability problem to the City;
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b) The "frontage road" area which will have a 10% gr^de ,
may tend to become a play area, further increasing
the number of potential conflicts within the frontage
road area and the secondary arterial (Tamarack Avenue);
and
c) If parking occurs on the south side of the proposed
frontage road, trash pick-up emergency vehicle access
and mail service would be substantially impaired.
2) The design criteria set forth in Section 21.45.110 and all
minimum development standards set forth in Section 21.45.120
will not be met because:
a) The plot plan and additional exhibits do not include
adequate provision for open 'space recreational facili-
ties, circulation and guest parking because: ,
1) The required guest parking is not adequate on
the north side of Tamarack (1 space is not
available for each dwelling unit);
2) The proposed recreation vehicle storage area is
not an adequate shape to accommodate workable
internal circulation and parking for large
vehicles;
3) The proposed recreational vehicle storage area is
in a location that could not be adequately screened
and/or isolated from surrounding residences; and
4) Required usable open space area is not provided
at a ratio of 600 square feet per dwelling unit.
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 Planned Unit Development Permits is denied to allow
136 single-family detached dwellings on 43.99 acres on property
generally located west of El Camino Real between Park Drive
and Chestnut Avenue.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on December 22, 1976 by
the following vote to wit:
s.
AYES: • Commissioners L'Heureux, Fikes, Nelson, Larson
and Jose. "
NOES: Commissioner Watson. • "
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ABSTAIN: Commissioner Rombotis.
ABSENT: None.
STEPHEN M/L'HEURlfex, CHAIRMAN
ATTEST:
BUD PLENDER, SECRETARY
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MEMORANDUM
9, 1977
TO:
FROM:
CASE NO:
APPLICANT:
REQUEST:
SUBJECT:
PLANNING COMMISSION
\
PLANNING DEPARTMENT
SP 115 (A), CT 76-15, PUD-6
DOUGLASS SOUTHWEST CORPORATION
Amendment of Specific Plan 115 and approval
of CT 76-15 and PUD-6, to allow 135 single-
family detached dwellings on 43.99 acres.
CT 76-15 and PUD-6 have been returned to the
Planning Commission and staff by the City Council
for further study and report. The applicant and
staff have worked to resolve problems as noted
in previous reports and hearings. This report
reflects the applicants and staff efforts. The
applicant is requesting portions of SP-115 be
deleted to be repla.ced by PUD.
RECOMMENDATION:
Staff recommends that SP-115(A), CT 76-15 and PUD-6 be APPROVED
based on the following findings and subject to the following con-
ditions:
SP-115(A) FINDINGS
1) The proposed Specific Plan Amendment is consistent with the
General Plan because:
a) The Land Use Map of the General Plan shows the subject
property as RM (Residential Medium Density 4-10 du. per
acre). The proposed project is consistent with that
designati on.
2) The proposed Specific Plan Amendment is consistent with the City
of Carlsbad Environmental Protection Ordinance of 1972 because:
a) The previous certification of EIR-129 combined with the
submission of supplemental information meets the ordinance
through Prior Compliance.
3) The proposed project conforms to applicable City policies, and
ordinances dealing with .public facilities because:
a) Availability of public facilities have been assured by
the appropriate agencies.
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C
SP-115(A) CONDITIONS •
1) The approval for deletion of portions of SP-115 is granted for
the land described in the application and any attachments thereto,
and as shown on the plot plan labeled Exhibit A, dated January
25, 1977.
76-15 FINDINGS
1) The proposed map is consistent with the General Plan because:
a) The Land Use Plan designates the subject site for Residential
Medium Density (4-10 du. per acre).. The subject project
will provide approximately 3 du. per acre.
2) The design or improvement of the proposed subdivision is con-
sistent with the General Plan because:
.a) The'development of the proposed project, will provide a nec-
essary link in the establishment of a portion of Tamarack
Avenue.
b) Conditions of approval will insure the above.
3) The site is physically suitable for the type of development
because:
a) The currently requested project will require less grading
than previously approved projects for the site.
b) Most of the site has been rough graded.
c) No significant vegetation exists on the site.
4) The site is physically suitable for the proposed density of
development because:
a) The currently requested project will result in fewer units
than previously approved requests.
b) Proposed dwelling units per acre do not exceed the General
Plan mini mum.
5) The design of the subdivision or the imposed improvements are not
likely to cause substantial environmental damage substantially
and unavoidably injure fish or wildlife or their habitat because:
a) An Environmental Impact Report has been certified for previous
approvals.
b) Staff has been supplied with adequate supplemental information
to cover p-roject changes.
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•'6) -The design of the subdivision or the type of improvements are
not likely to cause serious public heal th'problems because,:
• a) Conditions of approval will insure the above.
7) The design of the subdivision or the type of improvements will
not conflict with easements required by the public at large
for access through or use of property within the proposed sub-
divisionbecause: :
a) Conditions of approval will insure the above.
8) The subdivision will not prohibit reasonable access to public
waterways, rivers, streams, lakes, reservoirs ,' coast! ines , or
shorelines because:
a) The subdivision does not front on- any of the above.
CT 76-15 CONDITIONS:
1) • The approval is granted for the land described in the application
and any attachments thereto, and as shown on the plot plan sub-
mitted labeled Exhibit E, dated February 22, 1977.
2) Lots 116 .and 117 shall include the remnant property adjacent to them
unless, prior to final map approval, the adjacent property (shown as
not-a-part) can be incorporated in the subdivision to allow proper lot
configuration.
3) Street names as shown are not approved. Street names shall be submitted to
the Planning Director for approval pursuant to the street name policy
(City Council Policy No. 20) prior to approval of the final map.
4) 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 in-
stalled as recommended by the Fire Department.
5) Ornamental street lighting shall be provided for as required by Municipal
Ordinance. The developer shall depost cash in the amount necessary to
energize said street lights for an eighteen month period after construction,
to permit the incorporation of the subdivision into a maintenance district.
6) All land and/or easements required shall be granted to the City of Carlsbad
without cost to the City, and free of all liens and encumbrances. No ease-
ments shall be recorded prior to recordation of the final map unless approved
by the City Engineer.
7) The improvement and grading plans shall include a report of a geological
investigation and a complete grading plan of the entire site, when required
by the City Engineer. The report and plan shall be prepared by civil
engineers licensed by the State of California, and experienced in erosion
control, who shall be acceptable to the City Engineer. They shall certify
that they have investigated the site and prepared data-with full considera-
tion of the consequences to the included and neighboring properties and in
conformance with the Geologic and Seismic Safety Element of the General Plan.
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8) El Camino Real shall be dedicated and improved along the subdivision ,
frontage on the basis of a 126 foot street section, according to City
' of Carlsbad Standards.
9) Prior to issuance of a grading permit for Unit 3, a 40 foot water line
easement centered on the existing 14" water line crossing Unit 3 shall
be granted to the City between the proposed Tamarack Avenue and Skyview
Drive.
10) Slopes adjacent to public streets shall be 2:1 maximum.
11) The storm drain system is not specifically approved as shown;
designs of storm drains, ditches, crossgutters and other appurtenances
shall be as approved on the improvement plans. '
12) All contractors' and construction material suppliers' vehicles shall take
all access from El Camino Real during the construction of the improvements
related to this tentative map.
13) Proposed Palisades Drive, proposed Terrace Drive, between Palisades and
Skyview, and proposed Skyview Drive, between Terrace Drive and Tamarack
Avenue shall be dedicated and improved on the basis of a 60 foot street
section according to City of Carlsbad Standards.
14) The proposed three units shall be recorded and constructed in sequentation
order as shown on the tentative map.
15) Prior to or concurrent with the recordation of the final map for Unit No. 1:
a) Tamarack Avenue shall be dedicated and improvements shall be secured
within the subdivision boundary on the basis of a modified 84 foot
street section as approved on the amended Tentative Map, within the
subdivision boundary.
b) Tamarack Avenue right of way and improvements shall be secured to its
intersection with Skyline Drive. The right of way width, street
section width and general alignment of Tamarack Avenue in the vicinity
of its intersection with Skyline Drive shall be as shown on Exhibit
"A", of City Council Resolution No: 3856.
c) The applicant shall enter into a secured agreement to install a north-
bound left turn lane on El Camino Real at Tamarack Avenue as approved
by the City Engineer;
? d) The applicant shall deposit funds for the stripping of the left turn
/ i pocket required in c. above) and in Tamarack Avenue from El Camino Real
to Skyline Drive, as approved on the improvement plans.
e) The applicant shall provide revised water system calculations, prepared
by a Registered Civil Engineer, for the entire 3-Unit tentative map area.
They shall be based on current design criteria 'o be furnished by the City,
and lines shall be sized according to fire flow requirements and hydrant
• locations approved by the Fire Marshall;
16) Prior to or concurrent with the recordaiion of the'final map for Unit no. 2,
the applicant shall:
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a) Dedicate and improve El Camino Real per Condition No. 19 above,
along the subdivision frontage, based on approved improvement plans
for El Camino Real.
b) Dedicate a 15' wide sewer easement across lot 93 from Palisades Circle
to the northwest corner of the lot.
17) If the existing 14 inch waterline lies under or within 4" of the curb,
gutter and sidewalk of Skyview Drive, as approved on the improvement plans
for Unit No. 3, the applicant shall deposit funds and/or enter into a secured
agreement to relocate the'line to an alignment to conform with City of
Carlsbad Standards.
18) Waterline improvements for each unit shall include any loop system outside
the unit boundary and interim appurtenances, such as blowoffs, as required
by the City Engineer, based on the engineer's calculations required in
Condition 15 (e) above, or supplements thereto.
19) Dedication of El Camino Real and Tamarack Avenue shall include a waiver
of direct access rights from the lots shown on each final map as abutting
thereon.
20) Prior to recordation of the final map for Unit No. 3, the applicant shall
provide for the future abandonment of the sewer proposed to cross lot 115
when construction of the offsit0 sewer connection in Skyview Drive occurs.
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PUD-6 FINDINGS:
1) The proposed use at the particular location is necessary and
' desirable to provide a service or facility which will contribute
to the general well-being of the neighborhood and the community
because:
a) The development will allow the subject property to be de-
veloped to its allowable potential and density as provided
in the General Plan.
2) The use will not be detrimental to the health, safety or general
welfare of the persons residing or working in the vicinity or
injurious to property or improvements in the vicinity because:
a) The proposed PUD will be developed in a manner similar to
the anticipated development in the area.
b) The proposed PUD will provide a necessary link in the cir-
culation system for the City (secondary arterial, Tamarack).
3) The design criteria set forth .in Section 21.45.110 and all
minimum development standards .set forth in Section 21.45.020
will be met because:
a) The plot plan and additional exhibits include all development
aspectsrequired..
b) The plot plan and additional exhibits include adequate pro-
visions for open space, recreational facilities, circulation
and parking.
c) The project will be developed in a manner to be compatible
with surrounding development.
d) Internal circulation is acceptable to the City Engineer as
shown on the plot plan and by conditions of approval.
e) Private recreational facilities are readily accessible.
f) Dwelling unit -density does not exceed the density allowed
in the underlying zone (P-C with Master Plan).
PUD-6 CONDITIONS:
'!) The approval is granted for the land described in the application
and any attachments thereto, and as shown on the plot plan sub-
mitted labeled Exhibit F, dated February 22, 1977, and additional
exhibits labeled Exhibit G, H and I, dated February 22, 1977.
The location of all roadways, parking areas, landscaping and
other facilities or features shall be located substantially as
s'hown on Exhibit F,G,H a'nd I unless otherwise provided therein.
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2) All conditio>T§ shall be appropriately cWnpletetl and the project
commenced within 18 months from final City action.
3) All lot demensions, size and setbacks south of Tamarack Avenue
(extended) as shown on Exhibit F shall conform to the R-l zone
requi rements.
4) All lot demensions, size and setbacks shall generally, conform
to the plot plan, Exhibit F and the typical representations
shown on Exhibit B and I. In no case shall the standards set
forth in Title 21, Section 2T.45.120 No. 13, A,B,C and 21.45.120
No. 2 be superceeded.
5) Structures to be built in excess of three feet above pad level
shall maintain a minimum of 3 feet from any side lot line and
5 feet from any rear lot line.
6) -Building height shall not exceed 30 feet.
7) Lot coverage, including building and structures shall not
exceed 40% of the lot.
8) A uniform fencing plan to provide fencing at the top of slope
for those lots containing slopes dropping down to lower elevations
shall be submitted to and approved by the Planning Director, prior
to issuance of final occupancy for residences in Unit 1.
9) Fencing shall be provided according to the approveJ plan prior
to occupancy for each affected residence.
10) Prior to 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 3 feet within the
boundaries of this subdivision. Prior to this 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.
11) 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
include all artificial slopes. These slopes shall be landscaped
by the following standards as set forth in the City Council
Open Space Maintenance Policy No. 23.
a) Restored Native Vegetation.
1) All interior slopes
2) These slopes will be maintained by the Homeowner's
Association for a minimum of 3 years.
3) At the end of 3 years the Homeowner's Association
may elect to return maintenance responsibilities to
the individual lot owners. . ,
b) Supplemental Native Vegetation.
1) All slopes adjacent to Tamarack Avenue (extended).
2) These slopes shall be maintained by Homeowner's
Association.
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c) Refined Vegetation • , ,
1) All slopes adjacent to El Camino Real.
2) These slopes shall be maintained by Homeowner's Association.
d) Intensive Vegetation
1) All parks sites as designated on Exhibit F,G,I.
2) These areas shall be maintained by Homeowner's Association.
12) Landscaping and irrigation shall be installed on all lots identified
in Condition llbefore any of those lots are occupied. If res-
idential construction occurs in units,'this condition shall be
met on a unit-by-unit-basis with the exception of those lots with
slopes adjacent to Tamarack Avenue (extended) and ECR. Final
landscaping and irrigation shall be completed on those,slopes
adjacent to Tamarack and El Camino Real prior to issuance of
final 'occupancy for the first homes in unit 1.
13)CC&R's for the project shall be submitted to the Planning Director
for approval prior to issuance of building permits.
A final Recreation Vehicle Storage Area Plan showing fencing,
stripping, paving specifications and access shall be submitted
to and approved by the Planning Director, Parks and Recreation
Director and City Engineer prior to issuance of building permits
for the Unit 1.
15) Recreat-ional vehicle parking shall be provided and available
to residents prior to the first final occupancy permits for
Unit 1.
a) If the applicant does not wish to build the permanent RV
Storage lot as shown on Exhibit F and G prior to occupancy
for Unit 1, a temporary facility may be established to
the satisfaction of the Planning Director, Parks and Rec-
reation Director and "City Engineer.
b) A plan for this temporary facility must be submitted to
and approved by those mentioned in (a) above prior to
occupancy of any residence in Unit 1.
16) The Recreational Vehicle Storage facility shall be made available
to only those homeowners within the PUD area.
17) A Final Parks plan for all 3 park areas (shown in Exhibit F,G,I)
and approved by the Parks and Recreation Director prior to
issuance of building permits on Unit 1.
18) On lots north of Tamarack Avenue, 5 foot a-:cess easements shall
be granted be.tween property owners adjacent to a zero lot line
to allow for building maintenance. . '
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BACKGROUND: ,
The Planning Commission denied CT 76-15 and PUD-6 (Planning Commission
Resolution 1307)on December 22, 1976. .
The basic concern of the Commission was the Tamarack frontage road
concept, as presented by the applicant. A number of potential prob-
lems stemming from the frontage road design was presented in the
staff report dated December 22, 1976.
The staff report also pointed out certain deficiencies in RV parking,
usable open space and guest parking along Tamarack. However, it was
noted in the report that these problems could be worked out as a
function of minor project redesign.
At the City Council meeting of January 18, 1977, the City Council
noted four distinct problems, the primary one being the potential
conflicts resulting from the frontage road. They sent the problems
_back to the Planning Commission, staff and the applicant to work out;
'they were:
1) Frontage road design problems.
a) Pedestrian, motor vehicle, bicycle conflicts.
b) No separation of frontage road and secondary arterial.
c) Sight distances on frontage- road and secondary . arterial .
' d) Parking conflicts on frontage ro.ad.
e) Service vehicle conflicts on frontage road.
f) Driveways onto secondary arterial.
2) Recreational Vehicle Storage area (adequacy under PUD requirements)
3) Location-size-adequacy of usable open-space (adequacy under PUD
requi rements).
4) Open Space Maintenance.
Because of the many questions and concerns resulting from the frontage
road concept, the applicant has redesigned the subdivision and
eliminated the frontage road completely. Staff feels that the current
subdivision design is a much more workable one than the previous pro-
posals.
The elimination of the frontage road solves the majority of the pro-
blems raised at the staff, Planning Commission and City Council levels.
.No residences will front on the secondary arterial (Tamarack). The
land, on the north side of Tamarack will slope down to residences.
The land on the south of Tamarack will slope up to residences. The
applicant lost 2 lots (136 to 134) from the previous subdivision
design. -
The Recreational Vehicle Storage area has been redesigned and relo-
cated (See Exhibit G). The area has been combined with a recreation
area using a common access. The RV area is in a location that is
physically and visually separated from residences and public streets.
•.Staff feels this is a good location for the combined RV storage and
recreation area. Required RV Storage area under the PUD ordinance.
is 5400 sq. ft. The proposed RV Storage area is approximately 9000
sqijare feet, excluding access -road.
The applicant has worked with the Planning Department and the Parks
and Recreation Director on location, size and adequacy of usable open
space for the project. The applicant, as a result, has redesigned
the project to show three recreational areas (See Exhibits, F,G,I).
These recreational areas are located to serve three distinct areas in
the subdivision.
The required size for all usable recreational facilities under PUD
requirements is 600 square feet of space for each residence. The
subject request is therefore required 81000 square feet or 1.86
acres of recreation area. The proposed net square footage for the
three park areas 'is 77,600 square feet or 1.78 acres (See CT Exhibit
E). The PUD ordinance allows up to 50% credit towards the usable
open space requirement for scenic natural facilities, vistas, etc.
Staff.feels that the usuable open space area, as proposed, is adequate
to meet the needs of the future residents. Staff also feels that
credit for the additional 3400 square feet (4% of 1.86 acres) can be
given for the potential scenic value, that will be created by the
creation of Tamarack Avenue. Views to eastbound travel on Tamarack
will be unimpared with the absence of houses fronting on the north
side of the street.
City Council Policy #23 (open space maintenance) establishes categories
for various levels of landscaping and. maintenance. Staff and the
applicant have discussed the various categories in Policy #23 and have
come to an agreement regarding which areas in the subdivision should
fall under the various categories.
The applicant has indicated that a Homeowner's Association will be
created, and that they will be responsible for maintenance. However,
if at some future date the Homeowner's Association wishes to work
with the City in creating an Open Space Maintenance District, the
existing landscaping will have been installed under categories estab-
lished by the City (See PUD Condition No. 8).
Additional Questions Raised at City Council
Master Plan Consistency
The existing Master Plan shows areas of specific density. These areas
.range from 7.7 du. per acre to 2.5 du. per acre with an overall
density of 5.9 du. per acre. Staff feels that because the overall
density of the proposal has been lowered significantly (to 3 du. per
acre) that the specific areas designated for specific densities need
not be strictly adhered to.
Connection of Ncblina Drive . ' • .
A local property owner expressed concern over the ultimate traffic
connection of Neblina Drive to Tamarack Avenue.
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'Neblina Drive is a collector street, and therefore, is planned to
carry surface traffic from residential areas to higher volume 'streets.
The ultimate development of the connection will result in more
efficient traffic flows in the area.
The previously approved Specific Plan (SP-115) and Tract Map (CT 73-8)
show Neblina Drive to ultimately link up to a street connecting
with Tamarack. The current map does not modify previously approved
plans in this regard.
Panhandle Lots
The previous request for subdivision icluded some panhandle lots.
The current request does not include panh'andle lots.
Lot Width, distance between buildings, usable PUD area
The redesigned subdivision and PUD use the zero-lot-line cojicept and
incorporate lots with rather limited street frontage, (one reason
for use of -zero-1 ot-1 ine design), some with 44 feet at the street.
The average width at the street for lots north of Tamarack is
about 50 feet.
The PUD ordinance requires the following setbacks under 21.45.120(13).
A) The di stance between any building used for human habitation and
any other building shall not be less than 10 feet.
B) Distance between any uninhabited buildings or structures shall
be not less than 5 feet.
C) The distance between wings or courts of a building shall not be
less than 10 feet.
Conditions of approval will insure the.se. standards (SEE PUD Conditions #4).
The lot size and actual buildable pad size may be substantially
different because of the presence of rough topography. For example,
lot #78 on Tract Map, Exhibit E, is about 9000 square feet, however,
the actual building pad size is about 3500 square feet. Lot No. 122,
Exhibit E is about 12,400 square feet, however, the actual pad size
is about 5600 square feet. This limited flat area limits the amount
of usable lot area. A policy determination has not been made as to
the requirement of usable lot area in relation to actual lot size.
This situation occurs, however, in other areas of the City, with steep
slopes or rough topography.
The Building Department has indicated the following standards for zero
lot line construction. Staff assumes the developer is aware of these
Uniform Building Code requirements:
1) One hour wall is required when a structure is. placed less than
3 feet from property line.
-11-
2) No openings are permitted in walls closer than 3 feet from'
.property line.
To avoid these requirements the developer may wish to maintain .a 3
foot setback from the affected property line.
View blockage problem
At the City Council hearing, a local property owner expressed concern
about a small hill in the area blocking his view.. Staff has deter-
mined that the hill in question is not on the subject property, and
cannot be considered with this subject request.
PUD Development Standards
Staff has reviewed all requirements under 'Section 21.45.120 (Develop-
ment standards) and has found that by design or conditions o,f approval
all of the requirements have been adequately met.
Most requirements have been discussed in the preceeding discussion.
Guest parking spaces will be supplied on-street, at one-guest- '
per-unit ratio. .Staff has analyzed street parking in cul-de-sac
areas and found parking availability adequate. Guest spaces are
provided off a private drive for 6 units, see CT Exhibit E, lot
no. 70. Sidewalks will be provided on all public streets to City
standards.
TH:ar
(3/4/77)
Attachments:
Exhibit E, dated 2/22/77
Exhibit F, dated 2/22/77
Exhibit G, dated 2/22/77
Exhibit H, dated 2/22/777
Exhibit I, dated 2/22/77
Memorandum to City Manager, dated 1/10/77
Planning Commission Resolution no. 1307
Staff Report, dated 12/22/76
-12-
/-s
STAFF REPORT
December 22, 1976
TO:
FROM:
CASE NO:
t
APPLICANT:
REQUEST:
PLANNING COMMISSION •
PLANNING DEPARTMENT
CT 76-15; PUD-6
DOUGLASS SOUTHWEST CORP. •
Deletion of Specific Plan llj (C.C. Resolution
#3177, August 7, 1973) and approval of CT 76-15
and PUD-6 to allow 136.sinqle-family detached
dwellings on 43.99 acres.
SECTION I. RECOMMENDATION:
Staff recommends
findings :
that CT 76-15/PUD-6 be D£NI_ED^ based on the following
1)
2)
The use will be detrimental to the health, safety or general wel-
fare of the persons residing or working in the vicinity or injurous
to property or improvements in the vicinity because:
a) The lack of a sidewalk and the "frontage road" design on the
northerly side of Tamarack will cause potential pedestrian-
bicycle -motor vehicle conflicts which will become an unnec-
essary liability problems to the city.
b) The "frontage -road" area which will have a 10% grade may tend
to become a play area, further increasing the number of po-
tential conflicts within the frontage road area and the sec-
.ondary arterial (Tamarack Avenue).
c) If parking occurs on the south side of the proposed frontage
road, trash pick-up emergency vehicle access and mail service
would be substantially impared.
The design criteria set forth. in Section 21.45.110 and all minimum
development standards set forth in Section 21.45.120 will hot be
"met because:
a) The plot plan
provision for
and guest - parking because:
and additonal exhibits do not include adequate
open space recreational facilities, circulation
1) The required guest parking is not adequate on the'north
side of Tamarack (1 space is not available for each
dwelling unit). , v .
-1-
,2) The proposed recreation vehicle storage area is not
• an adequate shape to accommodate-workable internal
circulation and parking for large vehicles.
• • ' 3) The proposed recreational vehicle storage area is in
a location that could not be adequately screened and
or isolated from surrounding residences.
4) Required, usable open space area is not provided at a
ration of 600 square feet per dwelling unit.
If the Planning Commission wishes to make findings of approval, staff
recommends the following conditions:
1) Specific Plan (C.C. Reso., #3177, dated August 7, 1973) is hereby
deleted.
The approval is granted for the land described in the application
and any attachments thereto. Conceptual and general design aspectsof the Plot Plan submitted labeled Exhibit C, dated October 29,
1976 are hereby approved.
A revised plan shall be submitted to the Planning Director, City
Engineer, Public Works Administrator, and Fire Marshall prior to
final approval. The revised Tentative Map will include changes
that reflect the conditions herein. This map shall show sewers
and the easement for a future sewer to Holly Bral Estates.
4) The "frontage road" on the north side of Tamarack Avenue will be
redesigned to minimize potential pedestrian, -bicycle, motor-
bicycle conflicts to the satisfaction of the City Engineer and
Public Works Administrator. .
- 5) A study showing the street design geometries pad elevations and
building locations adjacent to and on lots 19 & 20, 21, 22 and 23
shall be submitted to the City Engineer and Public Works Admin-
istrator in conjuction with condition 4.
6) The "frontage road" on the north side of Tamarack shall be re-
designed to provide 1 guest parking space per dwelling unit as
required by the PUD ordinance.
:)
7) A recreational vehicle storage area that is adequate in size,
shape and location shall be provided to the satisfaction of the
Planning Director. •
8) Usable open space shall be provided pursuant to requirements of the
PUD ordinance based on a 600 square feet to 1 du. ratio to the
satisfaction of the Planning Director and the Parks and Recreation
• Director.
9} A revised Planner1 Unit Development Map and necessary additional
exhibits as required by the PUD ordinance shall be submitted for
approval by the City staff prior to issuance of grading permits.
10) Prior to the issuance of grading permits, the City Engineer shall
approve a plan submitted by the applicant for interim erosion con-
trol on all man-made slopes in excess of five-feet created by this
subdivision"!"" Prior to this issuance Degrading permits, the
.applicant shall post bonds and agreements ensuring the install-
ation and maintenance of the erosion control system until per-
manent landscaping is installed and maintained.
11) 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 include
all artificial slopes. These slopes shall:
a) Utilize fire-retardent, drough-resistant landscaping which
includes trees a-nd shrubs which reach a variety of sizes at.
maturity; ' •,, :
b) Utilize an irrigation system appropriate for common maintenance
of the required landscaping in conformance with conditions
12, 13, 14.
»
12) Permanent landscaping and irrigation shall be installed on all lots
identified in Condition 11 before any of those lots are occupied.
If residential construction occurs in units, this condition shall
be me on .a unit-byunit basis.
13) 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 those
areas described in Condition 11.. The applicant shall maintain
these areas and all landscaping installed in conformance with
Conditions 11 and 12 unti.l 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 responsibi1ity is accepted by another entity acceptable
. to the City. • . .•
14) Prior to the issuance of building permits, the provision of per-
manent open space maintenance shall be assured to the sa'ti sif a-ction
of the City Manager. The. provision of permanent open space main-.
tenance shall include, if possible,- maintenance of man-made slopes .
occurring on the school site. If the City Coucil has not for any
reason formed an Open Space Maintenance District as petitioned by
the applicant in conformance with Condition 13 the applicant shall
form a Homeowners' Association to perform maintenance by- another
.jentity acceptable to the City Manager. ' .}
CC & R's for the project will be submitted to the Planning Director
for approval prior to issuance of building permits.
15) In order to provide for reasonable fire protection during the i
construction period, the subdivider shall maintain passable veh-
icular access to dll buildings and adequate .fire hydrants with
requred fire flows shall be installed as recommended by the Fire
Department. ' ' .• [
. , . , • ., " " v - it
-3- • t . t
• ' I
* * (16) Ornamental street lighting shall be provided for as required by
Municipal Ordinance. The developer shall deposit cash in the
amount necessary to energ-ize said street lights for an eighteen
month period after construction, to permit the incorporation of
the subdivision into a maintenance district.
17) All land and/or easements required shall be granted to the City
of Carlsbad without cost to the City, and free of all liens and
encumbrances. No easements shall be recorded prior to recordation
of the fianl map unless approved by the City Engineer.
18) The improvement and grading 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 be prepared by civil engineers licensed by the State of
California, and experienced in erosion control, who shall be
acceptable to the City Engineer. They shall certify that they
have investigated the site and prepared data with fu. 11 • considera-
tion of the consequences to the included and neighboring proper-
ties and in conformance with the Geologic and Seismic Safety
Element of the General Plan.
19) El Camino Real shall be dedicated and improved along the subdivision
frontage on the basis of a 126 foot street section, according to
City of Carlsbad Standards.
20) Prior to issuance of a grading permit for Unit 6, a 40 foot
water line easement centered on the existing 14" water line
crossing Unit 6 shall be granted to the City between the proposed
Tamarack Avenue and Terrace Court street easements.
21) Slopes adjacent to public streets shall be 2:1 maximum,
22) The storm drain system is not specifically approved as shown;
designs of storm drains, ditches, crossgutters and other
appurteuances shall be as approved on the improvement plans.
23) All contractors' and construction material suppliers' vehicles shall
take all access from El Camino Real during the construction of the
improvements related to this tentative map,
24) Proposed Palisades Drive shall be dedicated and improved on the
basis of a 60 foot street section according to City of Carlsbad
Standards. - •
25) The proposed six units shall be recorded and constructed in re-
quested order shown on the tentative map.
26) • Prior to or concurrent with the recordation of the final map for
Unit No. 1:
a) Tamarack Avenue shall be dedicated and improvements shall be
secured within the subdivision boundary on the basis of a. •
modified 84 foot street section as approved on the amended
Tentative Map, within the subdivision boundary.
-4- . ' '
b) Tamarack Avenue right of. way and improvements shall be secured
to its intersection with Skyline Drive. The right of way
width, street section width and general alignment of Tamarack
Avenue in the vicinity of its intersection with Skyline Drive
shall be as shown on Exhibit "A", of City Council Resolution
No: 3856.
c) The applicant shall enter into a secured agreement to install
a northbound left turn lane on El Camino Real at Tamarack Ave.,
as approved by the City Engineer;
d) The applicant shall deposit funds for the striping of the lefu
turn pocket required in c. above) arid in Tamarack Avenue from
El Camino Real to Skyline Drive, as approved on the improve-
ment plans.
e) The applicant shall provide for temporary turn arounds on the
ends of proposed Palisades Drive and a 15' wide all-weather
.: r-oad emergency access to connect them.
f) The applicant shall provide revised water system calculations,
prepared by a Registered -Civil Engineer, for the entire 6-Unit
tentaive map area. They shall be based on corrent design
criteria to be furnished by the City, and lines shall be sized
according to fire flow requirements and hydrant locations
approved by the Fire Marshall;
g) The applicant shall dedicate andenter into a secured agree-
ment to improve El Camino Real per Condition No. 19 above
along the Unit 1 frontage, based on approved improvement
plans for El Camino Real along the entire subdivision frontage;
27) Prior to or concurrent with the recordation of the final map for
Unit No. 2, the applicant shall:
a) Dedicate and improve El Camino Real per Condition No. 19 above,
along the Unit 2 frontage, based on approved improvement plans
for El Camino Real a.long the entire subdivision frontage;
b) Provide for a. .temporary turn-around on proposed Palisades
Drive at the unit boundary and for a 15' wide all-weather
loop road to connect the ends of proposed Palisades Drive.
28) Prior to or concurrent with the recordation of the final map for
Unit #4, the applicant shall dedicate and enter into a secured
agreement to improve the remainder of Palisades Drive.
29) If the existing 14 inch water line lies under or within 4' of the
curb, gutter and sidewalk of Terrace Court, as approved on the
improvement plans for Unit #6, the applicant shall deposit funds
and/or enter into a secured agreement to relocate the line to an
alignment to conform with City of Carlsbad Standards.
-5-
30) Waterline improvements for each unit shall include any loops
systems outside the unit .boundary and interim appurtenances, such
• as blowoffs, as required by the City Engineer, based on the
engineer's calculations required in Condition 26 (f) above, or
supplements thereto.
31) Dedication of El Camino Real and Tamarack Avenue shall include
a waiver of direct access rights from the lots shown on each final
map as abutting thereon, except along the modified access frontage
along a portion of the northerly edge of Tamarack Avenue.
-6-
SECTION II: BACKGROUND
Location and Description of Property:
The 43.99 acre vacant parcel is located west of El Camino Real
between Kelly Drive and Chestnut Avenue.
The property is characterized by rough topography and generally
occupies higher ground than surrounding development.
A portion of the parcel has been rough graded and the general
alignment of Tamarack established.
Tamarack Avenue will be extended through.the proposed project
connecting Tamarack to El Camino Real.
Existing Zoning:
Subject Property:
North:
South:
East:
West:
Existing Land Use:
Subject Property:
. North:
South:
East:
West:
Past History and Related Cases:
Planned Community
R-l-15,000
R-l-15,000
Planned Community
R-l-15,000
Vacant
Single Family Residences
Single Family Residences
First Phase Condominiums
Single Family Residences
City Council Resolution No. 3136 approved a zone change from
R-A-10,000 to Planned Community (P-C) for the subject property
on June 5, 1973.
Specific Plan 115,
1973) was approved
63 acres.
(City Council Resolution No.
for 331 condominium units on
3177", August 7,
approximately
CT 73-8 (City Council Resolution 3178, August 7, 1973), approved
331 townhouse condominium units; however, only a portion of the
entire project (116 townhouses, a swimming pool, a tennis court
and two spas) was finaled to allow building•permits (Map 8039,
covering approximately 20 acres).
City Council Resolution 3137 (June 5, 1973) adopted Master Plan
No. 108 for the subject property. In addition to MP-108, City
Council Resolution 3137 certified an Environmental Impact Report
(No. 129) for the project.
-7-
Environmental Impact Information:
Supplemental information to EIR-129 has been submitted by the
applicant.
Staff has found that the information is adequate and as a result,
it has been determined that the project satisfies the Carlsbad
Environmental Protection Ordinance of 1972 by Prior Compliance.
General Plan Information: ' '
The General Plan Land Use Plan Map designates the subject property
as RM (Residential Medium, 4-10 dwelling units per acre). The
submitted tract map provides 3.1 dwelling units per acre.
Public Facilities:
Sewer and water facilities will be available from the City.
The applicant will be required to build the "connecting link"
to Tamarack Avenue.
The site is. within the jurisdiction of the Carlsbad Unified
School District.
Major Planning Considerations:
Is the proposed subdivision consistent with the General Plan?
Does the proposed subdivision conform to the requirements of the
PUD Ordinance?
' . SECTION III: DISCUSSION
Staff is concerned about the "frontage road" concept as presented
on the various exhibits. The applicant has attempted to avoid
driveways along Tamarack Avenue by creating this parallel roadway.
The General Plan states the following regarding secondary arterials
(Tamarack):
Guideline 5: Minimize private driveway access onto .
•-both major and secondary arterial roads.
Guideline 6: Design roads so as to minimize conflict-
ing traffic movements such as turning, curb parking,
uncontrolled access and frequen.t stops.
Guideline 1 5: Separate pedestrian bicycle and vehicular
traffic where possible. .Also, establish a .separate system
of hiking trails, bicycle .paths and equestrian trails from
which motorized vehicles would be banned..
-8-
Street functions and standards:
Secondary Arterials: "The main function of a secondary arterial
is to conduct traffic from collector streets to and from major
arterials or freeways. Land access is only a minor function of
a secondary arterial and, therefore, parking should be discouraged
and residential buildings should not have driveways entering a
secondary arterial. Additionally, it is good practice to avoid
situations where secondary arterials cross major arterials to
form ,a continuous system, since this might result in a tendency
for traffic to use the secondary arterial in lieu of a major
arterial for long trips."
The frontage road as designed, channels pedestrian, bicycle and
vehicular movements into one area. The frontage road area will
be at a significant grade (10%) in certain area^s and will conform
to a curved alignment. In addition, building pads on the steeper
areas- along the frontage road will be oriented in a terrace
configuration. This will create driveways dropping down from
pad elevation to a relatively steep frontage road elevation.
Staff is also concerned about the potential use of the frontage
road as a play area. Because it is steep in spots, the ability
to control bicyles, skateboards, etc. will be difficult. There
is no curb shown (see Exhibit C, Tamarack Avenue profile) separat-
ing the frontage road (common driveway on plans) from Tamarack Avenue
The possibility of skateboards, balls and the like, rolling out
onto the secondary arterial is potentially a hazardous situation.
There is a problem of possible conflict between service/emergency
vehicles along Tamarack Avenue. Trash trucks and fire trucks
cannot be accommodated by the frontage road. It would be necessary
•for them to stop along. Tamarack Avenue to provide service. This
would be a hazardous situation, especially in the case of weekly
trash service. Mail pick-up/delivery is also a possible pro.blem
depending on the. ultimate location of mail boxes.
Staff does not object to the frontage road concept, however,
considering the specific conditions on site, staff feels that
potential hazards outweigh the positive aspects of the concept.
In addition to the circulation problems, certain requirements
of the PUD ordinance are not met in staff's opinion.
The design of the frontage road along Tamarack Avenue does not
provide for one guest parking space per dwelling unit. Each
fifth house lacks a guest space.
The recreational vehicle storage area as shown on Exhibit C
meets the size requirement-in square footage, however, staff
does not consider the area usable for an adequate number of
large vehicles. -
-9-
Also, staff does not feel that the recreational vehicle area '
could be 'adequately screened from the residences across the
street. .
Staff calculates that the applicant is providing about % acre
of usable open space. The PUD ordinance requires 600 sq. ft.
of usable open space per dwelling unit. For the subject project,
this would equal almost 2 acres.
The Parks and Recreation Director has expressed concern about the
lack of usable open space area provided considering the number of
units requested, small lot size and fairly rough topography
(separating the subdivision into, di stinct areas). For example,
the applicant shows an open space lot on the western boundary
(lot 110, Exhibit C) that is shaded in, however, only about half
of'this area is usable open space, the remainder is in slope.
The applicant has expressed a desire to calculate the open space
and recreational vehicle parking areas required based on the en-
tire project (condominiums with recreational facilities and the
current request).
Staff believes that because the currently requested subdivision
is a 'distinctly, different residential land use covering a
relatively large area of unusual topography, it should be con-
sidered a separate project.
NOTE: Staff has been informed by an adjacent property owner
(Mr. Schwab, NE corner of Birch and Skyline) that
litigation is in process to settle a land ownership
dispute over a portion of the subject subdivision.
Mr. Schwab asked that the requested subdivision be
continued until a decision has been made establishing
a property owner. The property in dispute is generally
in the area of lots 112 and 113 and a portion of the
Tamarack Avenue as shown on Exhibit C.
It was indicated to Mr. Schwab that staff felt the
matter should be one between the property owners.
Previous City-action has been taken regarding the
subject property (approval of Master Plan, Specific'
— Plan and Tract Map) under the same circumstances.
The property ownership has been disputed for a number
of years.
THrtndp: ar
(12/3/76)
Attachments:Exhibit
Exhibit
Exhibit
Exhibit
A,
B,
C,
D,
10/1/76
10/1/76
10/29/76
10/29/76,
Letter from John
EIR Supplemental
Douglass, 10/29/76
Information
.1ft.
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COMMUNITY BUILDERS • RO.SsOX1114 • CARLSBAD, CALIFOhA 920Q8 TELEPHONE (714)729-4958
'October 29, 1976 . ,
Planning Commission
City of Carlsbad
Carlsbad, California
Re: Tentative Subdivision Map for Carlsbad Tract No. 76
Carlsbad Palisades
Honorable Commissioners: • ,
Delivered to the City via Mr. Donald Agatep, Planning Director, with this
letter are 20 further revised sets of maps and related drawings for our pro-
posed development of the balance of this project. They have been further
revised in our efforts to conform to the direction recently given us by
Mr. Tim Flanagan, City Engineer, and other members of the City staff.
Our new plan now includes only 136 residential lots in the same area in
which 217 residential lots had been previously approved in tentative tract
73-8. These fewer number of lots result in a new lowered density of 3.09
dwelling units per acre as compared to nearly five dwelling units per acre
in the previously approved tentative map.
Another betterment in our new plan being presented to you is that all of the
homes to be built thereon will be detached and of larger size and value. The
majority of the lots in the previously approved plan provided for attached
townhomes.
The sales price range for these homes we now plan to build will be from
$60,000 to $120,000 depending upon floor area, special architectural features,
and lot characteristics. Most of our buyers are expected to be mature fami-
• lies having grown children who are not living with their parents.
The townhomes we have built in our previous development phase have been very
well received by the public. A number of them have been purchased by citizens
of Carlsbad. The new homes we plan to build in this new phase of development
will have even more public acceptance and community prestige.
Please recommend approval of this new tentative subdivision map to the City
Council.
Respectfully submitted, .
DOUGLASS SOUTHWEST CORPORATION •
bhn C.
President
JCDjr: cab
End.
JBSIDIARY OF DOUGLASS PACIFIC CORPORATION
Case -/<>' Date Rec'd:Y~^£>-DCC Date: //
Description of Request:j^.
PC Date_///^/7<^
Address or Location of Request:
Applicant:
Engr. or Arch.'
Brief Legal:
ssessor Book:-^*7 f>a9e:__2LCL^: 2— „ ..__
General Plan Land Use Description: £KX{ (<{--/r> D/K
Existing Zone: *PC—
Acres: 4"f"
Parcel ;_*?
No. of Lets:
Proposed Zone: /
DU ' s
School District:^/?//
DU/Acre j ..
Water Sanitation District:
Within Coast Plan Area:Coast Permit Area:
FORM PLANNING 52