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Home My WebLink About1977-07-05; City Council; 3069-3; Calavera Hills* % CITY OF r"RLc>BAD , ,N *** , w Initial: BILL NO. 3069 '- Supplement No. 3 Dept. Hd. DATE: July. 5, 1977 City Atty DEPARTMENT: PLANNING City Mgr. SUBJECT: CT 76_12/ puo-4 CAIAVERA HILLS APPLICANT: ROBERT LADWIG STATEMENT OF THE MATTER The City Council last considered this matter at your meeting of March 15, 1977. At that time your honorable body tabled this matter at the request of the applicant until such time as the sewer capacity problem had been resolved. The City Council had before them on that evening Resolution No. 5008 which is attached to this agenda bill. Resolution No. 5008 was prepared at Council request for denial of CT 76-12 and PUD 4. The applicant has now requested that the matter be brought before you at a public hearing for your consideration. In brief, the request is for a 142 lot subdivision and a 138 D.U. planned unit development on approximately 63 acres situated approximately 4,000 feet east of El Camino Real in the vicinity of the proposed Tamarack extension. The site is in the Lake Calavera Master Plan area, The proposal is for a standard single family residential development meeting all requirements of the R-l-7,500 zone. Staff is forwarding herewith to the City Council the information which was before you at the last meeting. The matter has not been reanalyzed by the staff at this time. If the Council desire is for denial of this request, then adoption of Resolution 5008 is appropriate. If, however, the City Council wishes to change their position from denial,, they should refex the matter to the Sity Attorney for pre- paration of documents approving the tentative map with conditions providing that~the map may not be finaled until it is determined that sewers are available. EXHIBITS City Council Resolution 5008 City Council Minutes for March 1, 1977 and March 15, 1977 letter from Roy J. Ward, Lake Calavera Hills dated June 13, 1977 with attached letters from Rick Engineering - May 25, 1977; Lcwry & Associates - May 17, 1977; California Regional Water Quality Control Board - May 19, 1977 Planning Commission Resolutions Nos. 1314 and 1315. Staff Reports dated December 8, 1976; January 26, 1977 and February 22, 1977 Location Map Exhibit G dated December 17, 1976, Tract Map Exhibit E dated October 15, 1977, Elevations and Floor Plans RECOMMENDATION The City Attorney has prepared Resolution 5008 as directed by City Council for adoption denying CT 76-12 and PUD-4. If, however, the City Council wishes to change their position from denial, they should refer the matter_to the City Attorney for preparation of documents approving the tentative map, with conditions providing that the map may not be finaled until it is determined that sewers are available. FORM PLANNING 73 • , AGENDA BILL NO. 3069 - Supplement No. 3 July 5, 1977 7-5-77 Following the public hearing the matter was referred to the City Attorney for preparation of documents necessary for approval of the tentative map, subject to the standard sewer st:vt>r ccconditions. '*$'•1 2 5 6 'RESOLUTION NO. 5008 9 10 11 12 13 14 15 16 17 18 19 20 22 23 * 24 25 26 27 28 A 'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE PROPOSED 142 PLANNED UNIT DEVELOP- MENT (PUD-4) AND A 142-LOT SUBDIVISION (CT 76-12) ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REAL NORTH OF THE. EASTERLY EXTENSION OF TAMARACK AVENUE. APPLICANT: ROBERT C. LADWIG (AGENT). WHEREAS, the Planning Commission of the City of Carlsbad did on January 26, 1977 hold a duly noticed public hearing to consider the application of Robert C. Ladwig for a 142 Planned Unii Development Permit (PUD-4) and a 142-lot subdivision (CT 76-12) on property generally located east of El Camino Real north of the easterly extension of Tamarack Avenue, more particularly described as: . That portion of Lot "D" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to the Partition Map thereof No. 823, filed in the office of the County Recorder, of said San Diego County, November 16, 1896, and more particularly described in the files of the City Planning Office. WHEREAS, an Environmental Impact Report was certified as complete for a previously issued entitlement for this project, and the Planning Director has found both the Planned Unit • Development (PUD-4) and Tentative Map (CT 76-12) to be in prior compliance with the City of Carlsbad Environmental Protection Ordinance of 1972; and . ' WHEREAS, at the conclusion of said hearing, the Planning Commission of the City of Carlsbad adopted Resolution No. 1314 and Resolution No. 1315; and WHEREAS, on February 15, 1977 and, again, on February 22, 1977 the City Council held a1 public hearing on the matter and ^. received all recommendations and heard all persons interested in . ' ' 2, 2 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 or opposed to the approval of Planned Unit Development Permit (PUD-4) and Tentative Map -(CT 76-12); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: r- • . A. That the above recitations are true and-correct. B. That the City Council hereby makes the following find- - • ings in regards to PUD-4: 1. " Based on the information contained in the Public ' Works Administrator's undated memorandum to the City Manager entitled "Carlsbad Capacity - Encina Water Pollution Control Facility" presented to the Council at their February 22, 1977 meeting, the Council was not able to conclude that sewer facilities will be available concurrent with need for this development. 2. That the proposed project does not meet the intent and purpose of the Planned Unit Development regulations as contained in Section 21.45.010 of the Carlsbad Municipal Code or the definition of a Planned Unit Development contained in Section 21.45.020 of the Carlsbad Municipal Code in that it is essentially a standard single family (R-l 7500) subdivision, which does not embody the characteristics of a Planned Unit Development as outlined in those two sections. C. Based on the findings contained in this resolution, it '. is the decision of the City Council that PUD-4 be denied. • . . D. It is the decision of the City Council that CT 76-12 be denied. Denial is required pursuant to Section 21.38.15 of the Carlsbad Municipal Code in that the property located in a Master Planned Community which has not . • . been brought into accord with the revised P-C Zone, may only be developed pursuant to a PUD permit, which has been denied for the subject property. 2. 1 2 5 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 • • " . "° D - ' • '•—- • ***** , \ .***••* * PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the day of , 1977 by the following vote/ to wit: ' . AYES: NOES: ABSENT: • ROBERT C. FRAZEE, Mayor ATTEST: MARGARET E. ADAMS, City Clerk NORA K. GARDINER, Deputy City Clerk (SEAL) 3. March 1, 19 • • * _. _, 16; AGENDA BILL 03069 - Supplement //2 - TENTA- L11J TIVE MAP (CT 76-12) AND PLANNED UNIT DEVELOPMENT £//:?] (PUD-4) CALAVT.UA HILLS - ROBERT LADWIG (AGENT). The Mayor read a letter received- from the appli- cant requesting a continuation of the matter. Council granted the continuance to the next regular meeting. Councilwoman Casler further requested that the Intent and Purpose section of the PUD Ordinance be distributed to Council for further review. Public Works ,- - \7. AGENDA BILL #2261 - Supplement <?2 - S-El^ER i-f^-1 CONNECTION FEi-IS. . / Following a brief report by the City /Manager and CounVil. discussion, the following O/'di nance was • introduced for a first reading onW: ORDINANCE NO. 7045. AMENDING COPTER 13.03 OF THiMUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 13.08.080\AND 13.08.085 TO INCREASE THE SEHER SYSTEM CONKECTION FEES. Staff was instructed to n-otice .the matter for a public hearing at the/March 15, 1977 meeting. _ 18. AGENDA BIL\ #4047 - Supplement #1 - UNDER- £>*J GROUND UTILITY ADVISORY COMMITTEE. Mayor Frazee offered the name of Mr. Edwin S. Schick for appoin/mant to the Underground Utility Advisory/Comnvi ttee for Council considera tion and action/at thev next regular meeting. . City Manager / \ n><?-7 19. AGENDA .-BILL #4090 - JQINT MEETING - CITY OF *-*'J CARLSBAD/CttONTY BOARD OF SUPERVISORS. The City Manager indicated there is to be a join meeting vn'th.the County Board of Supervisors on April 14, 1977 at 5:30 P.M. in iheir Chambers. In addition to the items sugcjestecK by the City Manager for discussion, other i tems\suggested by Council were: development of Coa\tal Plan in unincorporated area; proposed solid w\ste transfer station, possible assistance oo d-'spos- ay site, Batiquitos Lagoon and Growth Management Task Force. ' ^ .\ • T->,-r/20. AGENDA BILL 04088 - LA COSTA COMMUNITY\ /.- ^j ANTENNA SYSTEMS, INC. . \ / Staff requested and the applicant concurred with ' a continuance of this item. . Motion Ayes Noes M o t i c n Ayes Motion Ayes y ' X y • X >< X y ' Xy X X X .X X X (* March 15, 1977 AMENDING CODE OF THE THE ZONING (ZC-187) FROM R-3 ESSIONAL-QUALIFIED) iLONG PIO PICO intro- Motion AyesCARLSBAD KU MAP TO GRANT A TO R-P-Q (RESID ON PROPERJ>--GtNE RALLY LOCA BETWEifrTMHE AVENUE AND OAK Supplement TENTATIVE DEVELOPMENT Mayor Frazee acknowledged receipt of a letter dated March 15, 1977, from Roy J. Ward, the applicant, requestinp the matter be deferred until such time as the sewage capacity problem has been resolved. Councilwoman Casler stated her disapproval of the project was based on her feelings that th.e project should be revised, not on the sewer capacity issue. • ' , Per the applicant's request, Council 'tabled the matter until such time as the sewage capa- city problem has been resolved, at which time it is to be renoticed for public hearing. \ [28] [26] [93] Public Works 11. AGENDA BILL 14047 - Supplement ..UNDERGROUND UTILITY ADVISORY COMMITTEE^ Thevfollowing Resolution was adoptexT by title only\; RESOLUT>QN NO. 4074. APPOINTIMSf.ONE MEMBER TO THE CITY 5^ CARLSBAD UNDERGROUND UTILITY ADVISORY COMMITTEE, and th-^t member being Edwin S. Schrxk. 12. AGENDA BILL\i?4098/^ BRISTOL COVE STORM DRAIN ASSESSMENT Motion- Ayes Noes The Public Works A^m^istrator, Ron Beckman, gave a staff report onxthe matter indicating the contract wound be on\Y for preliminary work. A seconcf contract rcjr engineering and formal assessment work woulckhave to come before CouncXl for action. Council authorized staff to negotiate a con- tract wvth the firm of Bement-Daiimood-Sturgeor for preliminary engineering work on\,he pro- posed/Bristol Cove Storm Drain Assessment Prol/ct. concurred that the minutes reflect following advice by the City Attorney on the rmatter: Motion Ayes Motion Ayes J. , f c June 13, 1977 The Honorable Mayor Robert Frazee and City Council of the City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Mr. Mayor and Members of the City Council: I hereby respectfully request that the public hearing on Tract 76-12, P.U.D.-4 scheduled and noticed for June 21, 1977, be continued to the next regular meeting of the City Council. It has come to our attention that Councilman Skotnicki will not be able to attend the June 21 meeting and it is our desire to include him in all of the deliberations concerning this matter. Further, Lake Calavera Kills Associates will be asking the Council to consider the following related matters to Tract 76-12, P.U.D.-4; 1) In conjunction with and as a condition of approval of Tract 76-12, P.U.D.-4 under the original, approved Master Plan-150 for Lake Calavera Hills, we ask that you direct City Staff to assist Lake Calavera Hills Associates in their efforts to research, define and develop a satisfactory plan as generally described in Alternative No. 9 of the Sewer Feasibility Study presented to you to serve Lake Calavera Hills. 2) In order to accomplish this and to begin the processing through the Regional Water Quality Board, it will be necessary to have a certified, updated Environmental Impact Report on the Amended Master Plan submitted prior to application to the Water Quality Board. This updated, supplemental information was submitted on June 7th to the Planning Department Staff for evaluation. Due to' the 120-day processing period after Water Quality receives the application, certified EIR and accompanying information, we request the Council to direct Staff to qive preferential processing of the EIR. i AISC ^Ai Aircn A ijii i c- 3088 Pio Pico Dr., Suite 201 • Carlsbad, Ca. 92008 • (714)729-4912 LAKE CALAVERA HILLS 4321 Birch Street • Newport Beach, Ca. 92660 • (714) 549-2988 < ,ie Honorable '^'•otobert Frazee and 'Members of thewLty*ic6uncil of the City Page 2 In our opinion, it will be necessary to have resolved the sewer question to enable an accurate and responsible assessment of the Amended Master Plan now under consideration. Essentially, the proposal we wish to make consists of the construction of a secondary treatment plant within Lake Cala- vera Hills with readily expandable capacity with specific concern for water quality, conservation of energy and the ability to return water to the ground system through percola- tion fields and recycle the reclaimed water for use within Lake Calavera Hills to irrigate open space, parks, school playgrounds, slopes, planting and possibly auxiliary fire protection purposes. In summary, Lake Calavera Hills respectfully requests that you allow the tentative and conditional approval of Tract 76-12, P.U.D.-4 in order to demonstrate to the Regional Water Quality Board the need for the consideration of a sewer treatment facility as proposed. We also request that the Staff be directed to work with Lake Calavera Hills Associates in reviewing a proposed sewer treatment system satisfactory to them to be presented to the City Council for acceptance. Additionally, we would like to request that City Council and Staff (as well as any interested citizens) set a date for an onsite tour and inspection of the Lake Calavera Hills property to include a tour of the proposed site of the subdivision and the sewer treat- ment facility. Your consideration of this matter is greatly appreciated. Very truly yours, Roy J. "Ward General Partner LAKE CALAVERA HILLS ASSOCIATES RJW/djw Enclosures cc: Paul Bussey James Hagaman Allan Meacham Robert Ladwig CALAVERA HILLS T°' CITY COUNCIL, CITY OF CARLSBAD DATE 6/13/77 * JOB # SUBJECT: Miscellaneous correspondence pertinent to Tract 76-12, PUD-4 and sewer treatment Enclosed are the following items for your information: • Original request to reopen public hearing on Tract 76-12, PUD-4 • Letter from Lowry & Associates to Water Quality Board • Response from Water Quality Board • Sewer section from Supplemental EIR prepared for Amended Master Plan • Legal opinion on formation of sewer districts PLANNING CONSULTANTS AND CIVIL ENGINEERSRICK ENGINEERING COMPANY 3088 PIO PICO DR. • SUITE 202 • CARLSBAD, CA 92008 . P.O. BOX 1129 • PHONE • AREA CODE 714 • 729-4987 May 25, 1977 Mr. Paul Bussey City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 RE: Lake Calavera Hills Tentative Map, C.T. 76-12, Alternative Sewer System Dear Mr. Bussey: This letter constitutes a formal request to the City Council to consider the tentative map for Lake Calavera Hills, C.T. 76- 12. The basis of this request is under the "alternative sewers available" portion of your present sewer moratorium ordinance. The developers of Lake Calavera Hills have done considerable research into viable sewer alternatives and would like to pro- vide their own onsite disposal system for the entire master- planned area. This disposal system would be built in increments as created by demand. The type of plant being considered is a secondary treatment plant using an oxidation ditch, clarifier, and chlorinator. There is a similar plant now in existence in the Ramona area for the San Diego Country Estates development. This plant has been approved by Regional Water Quality Control and has been operational for three years. The engineers for that project were Neste, Brudin and Stone in San Bernardino. The contractors were Taylor and Hoover of San Marcos, and the plant is owned and operated by the Ramona Metro Water District. The Lake Calavera Hills plant would be similar and would include percolation ponds and possibly disposal of the reclaimed effluent on the open space areas set aside in the Master Plan. Testing has been done, and it has been determined that there may be an area for adequate percolation along the northerly boundary of the property. A requirement that needs to be met to satisfy Water Quality Control Board concerns for discharge would be the effects of the subsurface water on the downstream property. Mr. Ward has retained a hydro- geologist to determine if there are any potential problems in the downstream area. Upon receipt of these tests we would then be in I Mr. Paul Bussey / ' City Manager / / "Pago ,2 a position to request a discharge permit from the Water Quality Control Board. Mr. Ward has retained Dennis O'Leary of Lowry and Associates as an expert consultant with an excellent past record of solving waste treatment and water quality problems. We would anticipate that Mr. O'Leary would be able to prepare the necessary request of the Water Quality Control Board for the di-scharge permit. Several meetings have taken place and there will have to be some additional environmental impact data prepared prior to the formal request. The moratorium ordinance provides for alternative methods of sewage disposal to be requested as allowed by the Municipal Code. We have reviewed the existing Municipal Code, and feel that Section 13.08.110 provides the necessary enabling language to allow us to request the City Council to accept our proposed alternate method of providing sewers for this project, subject of course, to the necessary permit procedures. On behalf of the developers of Lake Calavera Hills, we hereby request the Council to consider our proposal for alternative methods of sewage disposal and to set the tabled tentative tract map CT 76- 12 to public hearing to be considered for approval for the June 21st regular meeting of the Council. If you have any questions, I ask that you please call. Thank you. Sincerely, Robert C. Ladwig Agent for Lake Calavera Hills Associates RCL/djw cc: Roy J. Ward Approved by: Roy J Lake ^alKvera Hills Associates Q 'Civil' Znnnecr*s sor/afes ' 7189 Navajo Road. San Dictio. California 92119 (714) 464-0793 May 17, 1977 Mr. Leonard Burtman Executive Officer Regional Water Quality Control Board, San Diego Region 6154 Mission Gorge Road San Diego, California 92120 Dear Mr. Burtman: Subject: Lake Calavera Hills The purpose of this letter is to briefly describe and on- site waste disposal/waste water reclamation program con- templated for the community of Lake Calavera Hills and to request your comments on the proposed program. Lake Calavera Hills would be located on an 808 acre site within the City of Carlsbad, about two and one-half miles east of the center of town. Figure No. 1 attached to this letter shows the location of the parcel. At ultimate development, Lake Calavera Hills will be a community of approximately 3,000 homes. Ordinarily, these homes would receive waste disposal service through the City of Carlsbad municipal sewer system and Encinas Joint Powers treatment and disposal facilities. As you are aware, severe capacity limitations are now being experienced at the Joint Powers facility. Consequently, the City of Carlsbad has in- formed the developers of Lake Calavera Hills that sewage disposal capacity is not presently available for their parcel and will remain unavailable for some indefinite time into the future. As an alternative to service through the established system, the feasibility of on-site treatment, disposal and/or recla- mation presently appears feasible. Figure No. 1 also shows the layout of the system presently being contemplated. A biological secondary sewage treatment plant with capacity of EAST WASHINGTON AVENUE SANTA ANA CALIFORNIA 97701 >3 3 Mr. Leonard Burtman May 17, 1977 Page 2 about 250,000 gallons per day would be constructed at the site shown in the Agua Hedionda drainage basin. ^Plant effluent would be pumped across the divide to the Buena Vista Creek drainage basin on the northerly side of the property, where a substantial alluvial deposit exists in the area shown on the map. At this point, the effluent would be percolated into the ground for ground water re- plenishment. A study of the capability of the aquifer to accept and retain the volume of effluent contemplated is now in progress. Effluent from the plant may also be used for irrigation of open space, irrigation of landscaping and/or irrigation of farm crops, as the project progresses. There is also the possibility that a well may be constructed in the vicinity of the percolation ponds to make it possible to utilize recharged ground water. As development of Lake Calavera Hills progresses, and depending upon experience with the initial installation, the facilities would most likely be expanded to a capacity of 500,000 gallons per day, with the possibility of an eventual capacity of 1 million gallons per day. The developers would plan and install facilities designed to meet the waste discharge requirements of the Regional Water Quality Control Board. In addition, the facilities would be dedicated to an appropriate public agency for ownership and operation, e.g., the City of Carlsbad or the Carlsbad Municipal Water District. Before contracting for additional engineering services toward implementation of the foregoing proposal, the developers would appreciate having some evaluation of its feasibility from a regulatory point of view. I would therefore appreciate very much any comments you may be able to make in response to this inquiry, particularly with respect to the acceptability of the approach. If you have any questions, concerning the project as described or if you may need more detail in responding to this letter, I would be most happy to do what I can to cooperate. Thank you very much. Sincerely, LOWRY & ASSOCIATES DAO:mh Dennis A. O'Leary Liowncc: Mr. Ray Ward, Lake Calavera Hills Associates 30R8 Pio Pico / •^ ^-^ i*'- ' m » ';"f*--2*V:.: tr/LUENT ] LAND .OUTFAIL g-\V<^/!- v;-- --' ^&imm^$i^^^3*^ ^&^^^^p^^sr^^^j v >i-$"'; * QC^^ift^;^^^li.vi3^, r|t:<;:^^^-:i?f>^;|^^ :v^?>-;i!vv''^v^iDX, {/ vv^'-J- - ^.^feS"^^^^^/^^^\ **r\"x—j yfd^* ^®/r" }i:®^ • . /«»•-. '• --^ ^^-~_»^ —^ - v/"1* - «r .-"• t_ •; • -• • \—•rri;iv°", • V>^--ir_ <'..• -i^-1—>+:.'! ••: .'/-—,;; '. ,; .•^•'^^^^^^•if^^fex ^\ \ \Vr v.-vC • ,'.:.r..rpsMs\-n •. «\\» '. v V-.--'* - •!. { ', S J:- ^~-\T> • » \\«,»„..•.-".% , • / 8 • X -J(/ •-,)<-•\-\ ••* \ ,•««•". % . . . » • Vr 'Vj- -'.Nf^;- Parr ' ' * \'*-" , \ • . . . » i \ V-3* •••,>-niV. ' fr^N% ^V- VvN.vAAw^te\ '» \-«. .'.-,••*"• . . x- ' \v>'*>"'v^.V\-:-^v.! FIGURE NO. 1 LOCATION AND PROPOSED FACILITIES LAKE CALAVERA HILLS BEST STATE OF* CALIFORNIA EDMUND G. BROWN JR., Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION 6154 MISSION GORGE ROAD, SUITE 205 SAN DIEGO, CALIFORNIA 92120 TELEPHONE: (7U) 286-51 U May 19, 1977 Mr0 Dennis A0 O'Leary Lowry & Associates 7189 Navajo Road San Diego, CA 92119 Dear Mr. O'Leary: Thank you for your letter of May 17, 1977 pertaining to the Calavera Hills project.. Your letter very cogently covered both the salient and subliminal wastewater treatment and dis- posal aspects of the project. Based upon your letter and our subsequent telephone conver- sations, I believe your approach has considerable merit, particularly if the project culminates in the reuse of adequately treated wastewater„ Your idea for providing alter- native disposal for excess effluent in the event adequate underground or surface storage is not readily available is indeed excellent, and I strongly urge that you begin now to investigate that option. As you are aware from our discussions, rapid and significant changes are constantly occurring in the water quality control field, which makes early contact and continued liaison on such projects essential in successfully overcoming the myriad of environmental hurdles such projects must clear. As just one example, I am sure you recall my comments about the changing Regional Board responsibilities under the California Environmental Quality Act. For that reason, if for no other, it is extremely important that Regional Board staff maintain constant and close contact with you from the very beginning of the project through the planning, design, construction, and post- construction check out phases. Although I know you are already aware of many of the changes taking place, I believe it would be of real benefit to your client if you were to meet with us prior to the beginning of preparation of the EIR, Report of Waste Discharge, or design Mr. Dennis A, O'Leary —2~ May 19, 1977 plans. Such a meeting could result in significant savings in time and effort as you proceed through the planning and design phases of the project. Towards this end, I would appreciate your contacting Ladin Delaney of the staff at your 'earlier convenience to arrange such a meeting. We look forward with pleasure to working with you on this project as we have many times in the past. If there is anything we can do in the meantime to assist you in any possible way, please let me know. Very truly yours, LEONARD BURTMAN 7 ,l*««k. CHAPTER 9 UTILITIES A. SEWERS 1. Description. The Encina Water Pollution Faci'lity currently treats sewage from six districts around the pro- ject area. The City of Carlsbad services the area including Lake Calavera Hills, however, the city is currently operating at its capacity right of 3.43 million gallons per day (mgd) . The current capacity of the Encina facility is 13.75 mgd and almost this entire capacity is being used by the six districts involved. A report considering several alternatives for handling sewage was prepared by Lowry and Associates (1977) for Lake Calavera Hills. The recommended alternative will be mentioned in the Mitigation paragraph of this section. 2. Impact. Using a sewage generation factor of 100 gal- lons per day (gpd) per person, which was supplied by the Encina Facility, the completed development could be expected to produce a maximum of 984,000 gpd of sewage. Following the approximate phasing schedule given in the Lake Calavera Hills Master Plan Amendment, estimates of the projected amounts of sewage to be generated by each phase are given below. TABLE 9.1 Maximum Sewage Generation For Each Phase of Development Total Sewage Generated Phase Approximate Completion Year by Project (gpd) _ I 1981 366,300 II 1985 701,700 III 1988 984,000 Since the City of Carlsbad and the Encina plant are operating at or near their respective capacities, the planned development calls for the installation of a new sewage treatment facility. With the construction of a new treatment facility, as described below, the project will have little or no impact on the existing sewer system in the area. 3. Mitigation. The secondary sewage treatment plant and percolation ponds for groundwater disposal of the treated ef- fluent, are suggested as a technically feasible alternative by the Lowry report (alternative No. 9) . The planned facility will be similar to one currently in use at the San Diego Country Estates development near Ramona. The plant is designed to be J»S built with a capacity of 250,000 gpd at the outset which would be sufficient for about 1,000 dwelling units. Expansion is planned up to a capacity of 500,000 gpd as required. Long range plans include the recycling of treated effluent as irrigation water for agricultural purposes and open space parks. Additionally, use of the effluent may include the .creation of surface reservoirs for recreational purposes. The ultimate capacity of the treatment plant could be one million gpd which would be adequate for the maximum number of dwelling units specified in the Master Plan. Realistically, however, the gpd capacity is expected to be adequate for the project. A detailed soils investigation is currently being done by Irvine Soils which will determine the suitability of the soils for treated effluent disposal and which will aid in the design of the treatment facility and percolation ponds. Results of this investigation will be included with the final submission of this report. Additionally, steps must be taken at all stages of treated effluent disposal and use, to insure conformance with the Regional Water Quality Control Board objectives for the Vista Hydrologic Subunit, as explained in Chapter 2 of this report, and conformance with State and County Health Department requirements. A. W RU'AN U»ttO-l»72l MtL'ORD w OAML ROG£!< ROBE f ftilZ H0WA WiU k' MlCrt MIL.FG TnEO JOHN ROBE R MOORE STCPw LfM"°nR,60N J" O°N"C CR» BCUBNOTI iSr»L l.W.lMMEi.L MARC C. DEANS »HA G RE 1. WALLACE. JR O*VtD T WAl C^tP NttJ T H COWBtTT f N O N U T t C. LARSCN ;RD E rmtoc'- A Gl_OGC» V* i N T M R O p L COtuAN AijHB f O P. SiMS »ObCWT S UGwER MURPnY JAMES C. GLtASCN JR. C. BRAUN RuTAN & TUCKER ATTORNEYS AT LAW THE BANK Of CALIFORNIA BUILDING •<» O i civic CENTER DRIVE: west POST OFFICE BOX ia/6 SANTA ANA, CALIFORNIA 927O2 (7141 83S-S2OO April 27, 1977 OF COUNSEL W. K. LINDSAY NEWPORT BEACH OFflCE 6lO NEWPORT CENltfl DRIVE. SUITE 9OO NEWPORT BEACH, CALIFORNIA 9Z66O TELEPHONE (7141 635 IN REPLY PLEASE REFER TO Mr. Roy Ward Lake Calavera Hills 3088 Pio Pico Drive Carlsbad, California 92008 Re: Sewer Service Alternatives Dear Mr. Ward: You have requested that we advise you with regard to the alternatives available to you should it become necessary for you to provide sewer services, including treatment services, in conjunction with your Lake Calavera Hills project in the City of Carlsbad. The facts as we understand them are as follows: The City of Carlsbad is currently providing sewer services 'within the City limits of the City. Water service is provided by the Carlsbad Municipal Water District. The property is currently unin- habited and there exists no sewer services or facilities within the project boundaries. The City has determined that it has met or exceeded its authorized capacity in the Encina Outfall and has, therefore, imposed a moratorium on the issuance of building permits and the approval of final tract, maps until such time as sewer capacity is available. This moratorium does not impact other aspects of the development process, such as the approval of master or precise plans, and the consideration and approval of tentative tract maps. Based upon the foregoing there appears to be at least three viable options available to you should it become necessary to construct a sewer system, including treatment facilities, in conjunction with the proposed ^ ,*»»,. . lfrf~. .-*• ' '*»*«*'' ' V.,™ V Mr. Roy Ward April 27, 1977 Page Two development of your property so as to avoid the necessity .of using the ocean outfall, except on a basis agreeable to the operators thereof. These options are as follows: 1. Creation of a special assessment district for the construction and maintenance of the sewer system. 2. Creation of a privately owned public utility sewer service company to provide sewer services. 3. Creation of an improvement district within the Carlsbad Municipal Water District for the construction and operation of the sewer system. A discussion of these alternatives is set forth below. ASSESSMENT DISTRICT One method of providing for the construction and operation of facilities for the disposal of sewage is through the use of assessment district proceedings. Here the basic conceptual principal is that properties which benefit from a local improvement should bear the burden of paying for it. There are two basic statutory provisions for the formation of assessment districts, the Improvement Act of 1911 (Streets & Highways Code §§5000 et seq.) and the Municipal Improvement Act of 1913 (Streets & Highways Code §§10000 et seq.). Both of these acts are applicable to and available within a city. Generally speaking, the assessment district comes into being as a result of a petition by the property owners in the area or by act of the legislative body. In the usual proceedings, actual or estimated costs are assessed against all properties within the benefited area. Specific assessments are then levied against individual parcels on the basis of the benefit each receives, measured by such standards as extent of frontage, total area, assessed valuation, or a combination of several factors. The property owner has the — •—•• •--• •• -.-..-....-.,.. „.„.,-,_..».....,.. ^ ^J^ , ^ ^ —S ^ s~J x-rf .Mr. Roy Ward April 27, 1977 Page Three option of paying his assessment in cash during a specified period of time. If any assessments remain unpaid at the expiration of this period, bonds are issued to represent the unpaid amounts. Typically, most property owners will opt for the issuance of bonds rather than paying the full assess- ment in cash. There are two basic forms of bonds available in connection with assessment district proceedings. A bond issued pursuant to the Improvement Act of 1911 is secured solely by a lien against a particular parcel of property within the assessment district. A bond authorized by the Improvement Bond Act of 1915 (Streets & Highways Code §§8500 et seq.) also carries the limited credit backing of "the issuing agency as well. Generally speaking, assessment bonds are issued for shorter maturities than are improvement district bonds and are sold on a less favorable basis. Thus, annual debt service is generally higher in the case of assessment district pro- ceedings than improvement district proceedings which are discussed below. The advantages that this approach holds for you is that it may be incorporated into the maintenance districts which will be established by you in conjunction with the open space maintenance which will be required for the project, if the 1911 Act or 1913 Act type district is utilized. The disadvantages are that the City acts as the governing body of the agency and the annual tax rates for the maintenance of the system will be established by the City. Please refer to our earlier memorandum in this regard for a more complete explanation of the procedures involved. A PRIVATE UTILITY COMPANY A public utility sewer service company may be utilized to provide the sewer services contemplated. The fact that the area is within an incorporated city or within the boundaries p. /. Roy Ward 27, 1977 four of a municipal water district will not preclude the formation of such a company. No approval of the Local Agency Formation Commission or local public entity is required. A franchise •from the city within which the service area is located .wi 1.1, however, be required in order to utilize the public streets for pipeline and other facilities of the company. A public utility sewer service is a corporation. It is formed by the filing of Articles of Incorporation with the Secretary of State. However, the full jurisdiction is in the Public Utilities Commission and, therefore, no applications or proceedings to the Corporation Commissioner are required. It is necessary to apply to the Public Utilities Commission for authority to issue stock. It is also necessary in order to engage in the sewer service business, to obtain from the Public Utilities Commission a Certificate of Public Necessity and Convenience. Generally the procedure followed is (1) to prepare and file the Articles of Incorporation; and (2) file an Applica- tion with the Public Utilities Commission for authority to issue stock, for a Certificate of Public Necessity and Convenience, and for the establishment of authorized rates to be charged the sewer service customers. Prior to filing the application, full engineering, design of the system, should be complete and submitted with the application. Also pro forma financial statements need to be prepared to show the initial costs for the construction of the initial backbone system and the costs of operating for a projected period of not less than a year. Generally in the commencement, it is wise to try to project as far forward as five years. As in any corporation, the initial capital needs of the company are satisfied by the issuance of stock. However, generally the Public Utilities Commission requires a ratio of stock to debt so that a portion of the initial costs may be financed by debt financing such as preferred stock, bonds or other type of secured or unsecured financing. Experience indicates that a sewer system of 2,500 to 3,000 service connections should produce 1 to 1.2 million gallons per day of effluent. At a charge of $6.50 per service •Mr. Roy Ward April 27, 1977 Page Five connection under existing cost conditions, such a company should be able to operate at an acceptable level of profit. However, it is to be noted that there is generally a substantial lead time between commencement of the formation of the company, construction of facilities and ultimate buildout which will result in a profit structure. One of the largest problems meeting a sewer service company is its ability to dispose of the treated seweage effluent or waste water. Reuse of the treated waste water for irrigation of open space areas, golf courses and even certain agricultural crops is a proper and efficient means of disposing of the waste water. However, waste discharge requirements will need to be set and a permit issued by the Regional Water Quality Control Board before such a disposal method may be used. It is preferable that there be some standby disposal by way of an outfall in the event of rainy periods which could create a problem with disposing of the effluent by irrigation, although the problem may be alleviated if holding ponds of sufficient size are created. All of this is a matter of engineering concern and study. Additional information can be obtained from Mr. Larry Sturgeon, Manager of Rossmoor Santitation, Inc., a public sewer service company. His phone number is 714-837-3900. The advantage of this approach is that the utility company has control over the maintenance costs and charges for its services. The disadvantages include having to obtain a franchise from the City and perhaps having to enter into contracts with the City for the use of City systems in con- junction with the oneration of the utility. Another disadvan- tage may be that once the property has been developed, the utility may not be able to operate on a profitable basis and the owners of the utility may not be able to dispose of it at that time. Rossmoor Sanitation, Inc. can probably provide additional insights on this problem. One additional advantage, which is incidental, to the formation of the private utility company, is that the City or the Municipal Water District could not duplicate the services provided by the public utility without paying just compensation to the utility for the acquisition of its improvements, but virtue of the anti-paralleling laws contained Mr. Roy Ward April 27, 1977 Page Six in Public Utilities Code, §1501 et seq. These provisions assure the continued viability of the private company, unless and until the City or the District desires to take over the Company's facilities. IMPROVEMENT DISTRICTS WITHIN THE MUNICIPAL WATER DISTRICTS The construction and operation of facilities for the disposal of sewage can also be provided for through the use of an improvement district within the Carlsbad Municipal Water District. The Carlsbad Municipal Water District does not currently provide sewer services, however, sewer services are among the powers that may be exercised by a municipal water district. Conceptually, an improvement district is a portion of a municipal water district which will be benefited by the acquisition and construction of certain improvements and which therefore, will be subject to taxation to pay the cost of such improvements. The Municipal Water District Law of 1911 (Water Code §§71000 et seq.) contain a variety of provisions for the formation of improvement districts. Assuming that the territory proposed to be included within an improvement district is uninhabited (contains less than 12 registered voters), the improvement district could be formed pursuant to §§71920 et seq. Proceedings thereunder are initiated by a resolution in which the board of directors declares its intention to form an uninhabited improvement district and to incur a bonded indebtedness on behalf thereof (§71920). The specific contents of the resolution of in- tention are prescribed by statute (§§71922 through 71924) . After making certain determinations with respect to the proceedings, the board forms the improvement district by a resolution which also calls an election within the proposed district for the purpose of submitting to the voters thereof the proposition of forming the district and incurring the bonded indebtedness (§71930). A "voter" for the purposes of such election is a person who is a holder of title to property within the district; and each voter has one vote Mr. Roy Ward April 27, 1977 Page Seven for each $1.00 worth of assessed valuation of land to which he holds title (§71931). If a majority of the votes cast are in favor of the formation of the improvement district and the incurring of the bonded indebtedness, the improvement district shall be formed and bonds may be issued (§71933.5). The proceeds from the sale of such bonds can then be used to pay a contractor for the acquisition and construc- tion of the desired facilities. After the issuance of such bonds, all property within the improvement district will be taxed on the basis of the assessed valuation thereof for the debt service associated with such bonds as well as for the general pur- poses of the municipal water district. The bonds are con- sidered general obligation bonds of the improvement district and will generally command a relatively favorable interest rate, Ongoing maintenance costs cannot be handled as a part of the improvement district, however, other techniques are available to provide the ongoing maintenance costs in a fashion similar to that for the assessment districts as noted above. The advantages to this approach include the independence of the Carlsbad Municipal Water District from the City and the service oriented attitude of the district in general. The disadvantages include the political problem of having the district undertake the provision of sewer services, a function which the District is not currently performing. If the District, however, could be convinced that it would be politically appropriate for it to under- take such activities, however, the City could not object since sewer services are not be provided for the area in question. Difficulties may be encountered, however, if the District needs to utilize City franchises or City facilities in order to provide sewer services to the project area. I trust that the foregoing is sufficient for your purposes. If you require additional information or additional explanations, please do not hesitate to contact the •1 Mr. Roy Ward April 27, 1977 Page Eight undersigned. I will be out of town until the 9th of May. However, if an immediate question arises you should contact Milford Dahl, Sr. of our office or John Murphy. Both of these gentlemen are familiar with the situations described above. Very truly yours, RUTAN &/$JCKER Roger A. Grable RAG:loh PLANNING COMMISSION RESOLUTION NO. 1314 ' 5 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 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOM- MENDING APPROVAL OF THE TENTATIVE MAP REQUEST FOR A 142-LOT SUBDIVISION ON PROPERTY LOCATED EAST OF EL CAMINO REAL NORTH OF THE EASTERLY EXTENSION OF TAMARACK AVENUE. CASE NO.: CT 76-12 APPLICANT: ROBERT C. LADWIG (AGENT) WHEREAS, a verified application for a certain property, to wit: That portion of Lot "D" of Rancho Agua Hediorida, in the County of San Diego, State of California, according to the Partition Map thereof No. 823, - : filed in the Office of the County Recorder, of said San Diego County, November 16, 1896, and more particularly described in the files of the City Planning Office has been filed wi.th 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, pursuant to the provisions of the Municipal Code, the Planning Commission did on January 26, 1977, hold a duly noticed public hearing to consider the request by Robert C. Ladwig; and . ; WHEREAS, at said public hearing, upon, hearing and considering the testimony and arguments of all persons who desired to be heard, said Commission considered all factors relating to the Tentative Tract Map (CT 76-12) and found the following facts and reasons to exist: XXXXXXXXXX . ' a: 4 5 6 7 8 9 10 11 12 13 14 15 16 i? 18 19 20 21 22 23 24 25 26 27 28 1) The proposed map is consistent with the General Plan because: . . a) The Land Use Plan Map designates the subject site for Residential low-medium density (0-4 dwelling units per acre). The project pro- vides approximately two dwelling units per acre; and b) The proposed map shows a school site as desig- -. nated on the General Plan. 2) The design or improvement of the proposed subdivision is consistent with the General Plan because: a) Public facilities will be available concurrent with need for the development. • 3) the site is physically suitable for the type of development because: a) There are no unusual topographic or geological • - features on the site; and b) Conditions of approval will insure the above. 4) The site is physically suitable for the proposed density of development because: : a) Dwelling units provided per acre are consistent ^ in number with the RL-M range designated in the General Plan; and b) There are no significant physical features on the site that would hinder development as planned. 5) The design of the subdivision or the imposed im- provements are not 1ikely.to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because: . a) Adequate Substantial Environmental Damage information has been supplied to insure the above. 6) The design of the subdivision or the tvpe of im- provements will not conflict with easements required by the public at large for access through or use of property wilhin the proposed subdivision because: a) Conditions of approval will insure the above, XXXXXXXXXX .-*. •» •c 3 i 2 3 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 '23 24 25 • 26 27 28 7) The design of the subdivision or the type of im- provements 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. 8) The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, re- servoirs, coastlines or shorelines because: a) The subdivision does not front on any of the above. 9) The proposed project has complied with the Carlsbad Environmental Protection Ordinance because: a) An Environmental Impact Report No. 230 was pre- pared and certified by the City Council in 1974 •in connection with Master Plan approval; b) Supplemental information to that Report was submitted and approved pertaining to the proposed project; and c) The Planning Director has therefore determined that the project has complied by Prior Compliance (Section 19.04.153). . 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 76-12) is approved to allow 142 single-family detached dwellings on prop- erty located east of El Camino Real north of the easterly extension of Tamarack Avenue subject to the following conditions:xxxxxxxxx : . . XXXXXXXXXX •- xxxxxxxxxx XXXXXXXXXX xxxxxxxxxx xxxxxxxxxx xxxxxxxxxxx -3- 1) The approval is granted for the land described in 2 the application and any attachments thereto and as shown on the Plot Plan submitted labeled Exhibit G,5 dated December 17, 1976. The location of all road- ways, parking areas, landscaping and other facilities 5 ' or features shall be located substantially as shown on the plot plan labeled Exhibit G, except or unless6inidcated otherwise herein. 7 2) In order for reasonable fire protection during the construction period to be provided, the subdivider 9 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. 3) Ornamental street lighting shall be provided for as 15 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 16 of the subdivision into a maintenance district. 17 4) All land and/or easements required shall be granted to the City of Carlsbad without cost to the City,18 and free of all liens and encumbrances and no ^ easements shall be recorded prior to recordation 20 of the final map unless approved by the City Engineer 21 5) 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 24 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 .27 and prepared data with full consideration of the consequences to the included and neighboring' » - a. 2 5 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 • 6) 7) 8) 9) 10) ID 12) properties and in conformance with the Geologic and Seismic Safety Elejnent of the General Plan. Tamarack Avenue right-of-way, including slope ease- • 'ments, shall be dedicated on the basis of an 84- foot street section and improved on the basis of a 42-foot half street section, according to City of Carlsbad standards, from El Camino Real to the most northerly point of the subdivision. Work to be done on Tamarack Avenue improvements shall include channelization, residential street modification, and full 84-foot street improvements on Tamarack from El Camino Real to the intersection of the Trieste/Sierra Horena Complex, as approved by the City Engineer. Slopes adjacent to the public streets sha-ll be 2:1 maximum, and. the grading plans for the project, or its supplements, shall specify the type and manner of installation and irrigation of slope planting for control of erosion on these slopes, to be approved by the Parks and Recreation Director and City Engineer. The offsite sewer is -not approved as shown; it shall be extended within Tamarack Avenue to a point near the proposed culvert where the future sewer, serving the tributary area north of Tamarack Avenue, can be properly connected before its.alignment leaves Tamarack Avenue to connect to the existing sewer in Kelly Drive. Lot 141, the future school site, if left ungraded, ' shall have a graded all-weather access into the lot. A revised Tentative Tract Map will be submitted to the City Engineer prior to recordation of the final map incorporating all changes required^ herein. ^ The revised Tentative Tract Map will reflect the park site requirements as specified in the approved Master Plan No. 150, Condition of Approval -No. 2. ' £• 1 '.-»•• - 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 13) If, however, the approved Master Plan No. 150 is amended to reflect a new parks requirement, the re- quired revised Tentative Tract Map will meet the provisions stipulated in that revised parks require- ment. . PASSED, APPROVED AND ADOPTED at a regular-meeting held on the 26th day of January, 1977, by the Carlsbad Planning Commission by the following vote, to wit: AYES: . NOES: ABSTAIN ABSENT: Commissioners Rombotis, Watson, Fikes, and Jose. Commissioners Larson and .Nelson. Commissioner L'Heureux. None. , CHAIRMAN ATTEST: BUD PLENDER, SECRETARY -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 * 28 s PLANNING COMMISSION RESOLUTION NO. 1315 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CON- CERNING A PLANNED UNIT DEVELOPMENT FOR 142 RESIDENTIAL UNITS ON PROPERTY LOCATED ON THE EAST SIDE OF EL CAMINO REAL NORTH OF .THE EASTERLY EXTENSION OF TAMARACK AVENUE. CASE NO.: PUD-4 APPLICANT: ROBERT LADWIG (AGENT) WHEREAS, a verified application for a certain property, to wit: That portion of Lot "D" of Rancho Agua Hedionda, in the County of San Diego, State of Califprnia, according to the Partition Map thereof No."823, filed in the Office of the County Recorder of said San Diego County, November 16, 1896, and more particularly described in the files of the City Planning Office- 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 January 26, 1977; and WHEREAS, at said public hearing, upon hearing and considering" the testimony and arguments, if any, of all per- sons-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: XXXXXXXXXX .jfi^""S.. i 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 a) An Environmental Impact Report No. 230 was prepared and certified by the City Council 1n 1974 in connection with Master Plan approval; b) Supplemental information to that Report was submitted and approved pertaining to the proposed project; and c) The Planning Director has therefore determined that the project has complied by Prior Compliance . (Section 19.04.153). 5)The proposed project is consistent with the General because: Plan a)The Land site for Use Element residential designates low-medi urn the project density use (0-4 dwelling units/acre), with which the project complies (2 dwellings/acre); b)The project includes a school site as desig- nated on the Land Use Element. 6) The proposed project complies with all applicable public facility policies and ordinances because: a) Conditions of approval will ensure the above. 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 con- sidering the applicable law, the decision of the Planning Commission is to approve PUD-4, 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 G, dated December 17, 176, Exhibit E, dated October 15, 1976 and Exhibit D, dated October 28, 1976. The location of all roadways, parking areas, landscaping and other faci- lities or features shall be located substantially as shown on Exhibits G, D and E, unless otherwise pro- vided herein. 2) 3) Development standards of the R-l-7500 zone will adhered to. be The project shall be commenced within 18 months from final City action. If the project has not commenced within 18 months, approval herein will terminate, unless 1 2 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 an extension request.has been filed under Section 21.45,140 of the Municipal Code. 4) all public improvements shall be made in conformity with City standards to the satisfaction of the City Engineer vn'thout cost to the City of Carlsbad and free of all liens and encumbrances. 5) A comprehensive landscape and irrigation plan will be submitted to the Parks and Recreation Director for approval prior to issuance of grading permits. 6) The two observation points shown.on the plot plan shall be constructed using either concrete or asphalt as a flooring material. 7) The picnic area and observation point shall incorporate benches and tables compatible with the design of the over- head structure. 8) all existing or proposed pathways shall be concrete, and consideration shall be given to the proposed widths of the paths being reduced from six feet and eight feet to four feet and six feet respectively. 9) The playground and active play areas shall incorporate elements for all age groupsj for varied recreational activities to the satisfaction of the Parks and Recreation Director; 10) The pathways throughout the open space shall connect with the park with access between lots 134 and 135. Decomposed granite pathways, eight-foot wide through- out this area, are adequate. 11) The tennis courts shall be constructed on concrete 'in- stead of asphalt. 12) Provisions will be made for electrical service in close proximity to the tennis courts for future lighting. 13) A controlled irrigation system shall be installed within the boundaries of the park site. 14) Water service will be supplied to points along the . concrete pathways for keeping them clean. 15) Water service shall be available at the tennis courts 'for hosing courts and drinking fountains. * • * • * 16) Any areas in the open space areas which have either cut or fill slopes are-to be planted and automatically irrigated. xxxxxxxxxx .4- . 3. 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 £4 25 26 27 28 17) 18) 19) 20) 21) 22) 23) 24) 25) Lot two shall be devoted totally to recreational vehicle storage. "A landscape and irrigation plan will be sub- mitted to the Parks and Recreation Director for approval prior to grading permit issuance. Lot' two will be City Engineer. surfaced in a manner acceptable to the Lot two may be used as a buiTdable lot at such time as adequate provision for recreational vehicle storage is permanently .made elsewhere to the satisfaction of the Planning Director. Concurrent with final map approval, the applicant shall grant an open space easement for maintenance and improve- ment purposes over those portions of those lots described in Condition 21, fronting on public rights-of-way. 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 this issuance of grading permits, the applicant shall post bonds and agreements ensuring the installation and maintenance of the erosion control systems until permanent landscaping is installed and maintained. Prior to the issuance of any building permits, the appli- cant shall submit a permanent landscaping and irrigation plan to the Parks and Recreation Director for his approval. The plan shall include all man-made, slopes. Those slopes shall: . a) Utilize fire-retardant, drouth-resistant landscaping which includes trees and shrubs which reach a variety of sizes at maturity; and b) Utilize an irrigation system appropriate for common maintenance of the required landscaping in conformance with Conditions Nos. 23 and 24. Permanent landscaping and irrigation shall be installed on all lots identified in Condition No. 21 before any of those lots are occupied. If residential construction occurs in units, this condition shall be on a unit-by- unit basis. Prior to the issuance of building permits, the provision of permanent open space maintenance on those areas as indicated in Condition No. 21 shall be assured in a manner acceptable to the City Council. Recreational vehicle storage is to be provided for the use of the property owners who reside within the PUD. Recreational vehicle spaces required for this PUD shall not be used for another purpose. The storage site shall -5- ; 1 2w*f 5V 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 ,. 1) The • . *. ,— • ' •...,' '*'.*• proposed use at the particular location is necessary and desirable to provide a service or fac wel i 1 i ty which will contribute to the general 1-being of the neighborhood and the community because: a) b) 2) The or The development will allow the subject property to be developed to its allowable density; and A future school site will be gained. use will not be detrimental to the health, safety general welfare of the persons residing or working in the vicinity or injurious to property or. a) 3) The and -in a) b) c) d) e) f). • g) 4) The Env improvements in the vicinity because: The proposed PUD will be developed in a manner similar to the anticipated future development in the area . . design criteria set' forth in Section 21.45.110 all minimum development standards .set fortn Section 21 .45 . 1 20 wi 11 be met because: The plot plan and additional exhibits include all development aspects. • The plot plan and additional exhibits include adequate provision for open space, recreational facilities, circulation and off-street parking. The project will be developed in a manner anti- cipated to be compatible with future circulation patterns in the area. Internal circulation is acceptable to the City Engineer as shown on the plot plan and by con- di tions of approval . . _ Private recreational facilities are linked to open space corridors and are readily accessible. Dwelling unit density does not exceed the den- sity allowed in the underlying zone (P-C, . General Plan). Development standards will conform to the R-l-7500 zone. . * . proposed project has complied with the Carlsbad ironmental Protection Ordinance because: XXXXXXXXXX "2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18•». V/ 19 20 21 22 23 24 25 26 be maintained by the' appl icant, ation, until some other system by the City Counci 1 . 26) C.C.&R.'s for the project will Director for approval prior to 27) A four-foot solid wall shall be of the slope on lots backing up or a homeowners1 associ- of maintenance is approved be submitted to the Planning issuance of building permits* constructed at the top to Tamarack Avenue, to the satisfaction of the Planning Director, prior to the first occupancy permit issuance for those affected sites. . PASSED;. APPROVED AND ADOPTED at City of Carlsbad Planning Commission by the following vote, to wit: AYES: COMMISSIONERS AND JOSE.• NOES: COMMISSIONERS• ABSENT: NONE. ABSTAIN: COMMISSIONER L * - • ATTEST: m^, $LJL. ' RALPH S. PLENDER, SECRETARY • . • ' - ' . • . • t .• 1 • •28 • a regular meeting of the held on January 26, 1977, ROMBOTIS, WATSON, FIKES LARSON AND NELSON. 'HEUREUX. >»"> ^ -P/ , • /A ^C ^U£ t/\Cl/td^r'^ ERIC LARSON, CHAIRMAN " * . . • . , * -6- STAFF REPORT s~ December 8, 1976 TO: ' PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO: CT-76-12 AND PUD-4 REQUEST: APPROVAL OF A TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT TO PROVIDE 138 DWELLING UNIT 142 LOT SUBDIVISION ON APPROXIMATELY 63 ACRES. APPLICANT: ROBERT LADWIG (AGENT) SECTION I: RECOMMENDATION CASE NO: CT 76-12 Staff recommends APPROVAL of Carlsbad Tract 76-12 for the following reasons and subject to the following conditions: 1) The proposed map is consistent with the General Plan because: a) The Land Use Plan Map designates the subject site for Residential low-medium density» 0-4 dwelling limits per acre. The project provides approximately two dwelling units per acre. b) The proposed map shows a school site as designated on the General Plan. 2) The design or improvement of the proposed subdivision is consistent with the General Plan because: a) 'Public facilities will be available concurrent with need for the development. 3) The site is physically suitable for the type of development because: a) There are no unusual topographic or geologic features on the site. b) Conditions of approval will insure the above. .4) The site is physically suitable for the proposed density of development because: a) Dwelling units provided per acre are consistent in num- ber with the RL-M range designated in the General Plan. b) There are no significant physical features on the site that would hinder development as planned. -1- 5) The design of the subdivision or the imposed improvements are not likely to.cause substantially and invironmental damage or substantially and unavoidably injure fish or wildlife or their habitat because: a) AdequateSubstantial Environmental Damage information has been supplied to insure the above. 6) The design of the subdivision or the type of improvements are not likely to cause serious public health 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 subdivision because: a) Conditions of approval will insure the above. 8) 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. CONDITIONS CT 76-12 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 "F", dated November 18, 1976. The lo- cation of all roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit "F", except or unless indicated otherwise herein. 2) In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable ve- hicular access to all buildings and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 3) 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. 4) 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. 5) 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 -2- ' • l California an experienced in erosion cor *ol, who shall be 'acceptable Jtf ^he City Engineer. The^sh^jl certify that they ,. ' have i nvesf^ai^d • the site and preparx^/ u^a with full consider- ation of the consequences to the inclucfed and neighboring properties and inconformance with the Geologic and Seismic Safety Element of the General Plan. 6) Tamarack Avenue right of way, including slope easements, shall be dedicated on the basis of an 84 foot street section and improved on the basis of a 42 foot half street section, accord- ing to City of Carlsbad Standards, from El Camino Real to the most northernly point of the subdivision. 7) Work to be done on Tamarack Avenue improvements shall include channelization, residential street modification, and full 84 foot street improvements on Tamarack from El Camino Real to the intersection of the Trieste - Sierra Morena complex, as approved by .the City Engineer. 8) Slopes adjacent to public streets shall be 2:1 maximum, and the grading plans for the project, or its supplements, shall specify the type and manner of installation and irrigation of slope planting for control of erosion on these slopes, to be approved by the Parks and Recreation Director and City Engineer. 9) The offsite sewer is not approved as shown; it shall be extended within Tamarack Avenue to a point near the proposed culvert where the future sewer, serving the tributary area north of Tamarack Avenue, can be properly connected before its alignment leaves Tamarack Avenue to connect to the existing sewer in Kelly Drive. 10) The proposed median in "A" Street is not approved. 11) An emergency vehicle access road shall be provided along the south-west portion of lot 1 to the satisfaction of the Fire Marshall and the City Engineer. 12) The street shown between lots 3 and 6 shall be cul-de-saced and not intersect Tamarack. 13) Lot 141, the future school site, if left ungraded, shall have a graded all-weather access into the lot. 14) A revised Tentative Tract Map will be submitted to the City Engineer prior to recordation of the final map incorporating all changes required herein. 15) The revised Tentative Tract Map will reflect the Dark site re- quirements as specified in the approved Master Plan No. 150, Condition of approval No. 2. 16) If, however, the approved Master Plan 150 is amended to reflect a new parks requirement, the required revised Tentative Tract Map will meet the provisions stipulated in that revised parks requirement. • FINDINGS PUD-4 1) The proposed use at the particular location is necessary and des- irable to provide a service or facility which will contribute to -3- I...-- '*C '^ • ' « , Vte- Will/' SMB, -^*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. b) A future school site will be gained. . - • 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 futre development in the area. 3) The design criteria set forth in Section 21.45.110 and all minimum development standards set forth in Section 21.45.120 will be met because: -» a) The plot plan and additional exhibits include all development aspects. b) The plot plan and additional exhibits include adequate provision for open space, recreational facilities circulation and off street parking. c) The project will be developed in a manner anticipated to be compatible with future circulation patterns in the area. 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 linked to open space cor- ridors and are readily accessible. f) Dwelling unit density does not exceed the density allowed in "inthe underlying zone (P-C, General Plan). g) Development standards will conform to the R-l-7500 zone. CONDITIONS PUD-4 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 "F", dated November 19, 1976, Exhibit"E", dated October 15, 1976, Exhibit "D", dated October 28, 1976. The location of all roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on Exhibits "F", "D", "E"., unless otherwise provided herein. 2) Development Standards of the R-l-7500 zone will be adhered to. 3) All conditions shall be appropriately completed and the project commenced within 18 months from final City action. -4- : • , i***"" ' »<**»<. • f^** .,«<«*. '<*4) All public T¥fprV?ements shall be made S-i «»mform'ity with City standards to the satisfaction of the City Engineer without cost to the City of .Carlsbad and free of all liens and encumbrances. 5) A comprehensive landscape and irrigation plan will be submitted •to the Parks and Recreation Director for approval prior to issuance of grading permits. ,6) The two observation points shown on the plot plan shall be con- structed using eitheV concrete or asphalt as a flooring material. 7) The picnic area and observation point shall incorporate benches and tables compatible with the design of the overhead structure. 8) All existing or proposed pathways shall be concrete, and con- sideration be given to the proposed widths of the paths being re- duced from six feet and eight feet to four feet and six feet respectively. 9) The playground and active play areas shall incorporate elements for all age groups, for varied recreational activities to the satis- faction of the Parks and Recreation Director. L&9 The pathways throughout the open space areas, shall connect with the park and accesses between lots 158 and 159 and also lots 72 and 73. The decomposed pathways eight feet wide throughout this area are adequate. ^^Wr* The tennis courts shall be constructed on concrete instead of ' asphalt. jj/l^ Provisions will be made for electrical service in close proximity ' to the tennis courts for future lighting. A controlled irrigation system shall be installed within the boundaries of the park site. • Water service will be supplied to points along the concrete pathways for keeping them clean. J. Water service shall be available at the tennis courts for hosing '' courts and drinking fountains. ,* '/ ,£}<&} Any areas in the open space areas which have either cut or fill ' slopes are to be planted and automatically irrigated. Lot two (2) shall be devoted totally to recreational vehicle storage. A landscape and irrigation plan will be submitted to the Parks and Recreation Director for approval prior to grading permit issuance. Lot two (2) will be surfaced in a manner acceptable to the City Engineer. 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 -5- • ^ subdivision.w Prior to this issuance ovgWding oermits, 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. Prior to the issuance of any buildinq permits, the applicant shall submit a permanent landscapina 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 and shrubs which reach a variety of sizes at maturity; >T Utilize an irrigation system appropriate for common maintenance of the required landscaping in conformance with conditions 21, Permanent landscaping and/irrigation sahll be installed on all lots identified in Condition .20' 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 Plan Unit Development area, the aoblicant shall file with the clerk ofthe 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 20. The applicant shall maintain these areas and all landscaping installed in conformace with Conditions 20 and 21 until such time as an Open Space Maintenance District is established and accepts maintenance responsibilities as prescribed in the Open Soace Maintenance Act, or until main- tenance responsibility is accented by another entity acceptable to the City. Prior to the issuance of building permits, the provision of per- manent open space maintenance shall be assured to the satisfaction of the City Manager. The provision of permanent open soace main- tenance shall include, if possible, maintenance of man-made slopes occurring on the school site. If the City Council has not for any reason formed an Open Space Maintenance'Distrct as petitioned by the applicant in conformance with Condition 22, the applicant shall form a Homeowners' Association to perform maintenance by another entity 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. ' SECTION II: BACKGROUND location and Description of Property: The 64 acre subject site is part of the approximately 800 acre Master Planned area called Lake Calavera. -6- ViT ' Wf.thin' the Master Plan .area , the somewhat trTcin*?fular shaped site is located in the southwest corner, bounded on the west by Tamarack Avenue (extended), the east by an open space corridor and the South by the Master Plan boundary. Much of the site has a rolling topography sloping generally from north to south, with a pronounced drainage pattern separating the site into distinct areas. A prominent bluff runs along the north and southeast edge of the property. The bluff area remains in a natural state. The lower areas to the south are in tomato fields. Existing Zoning : Subject Parcel : PC North: PC South: A-l (8) County Has t : PC West: A-l (8) County Existing Land Use: Subject Parcel: Agriculture North: Vacant South: Agriculture East: Vacant West: Agriculture Past History and Related Cases: City Council Ordinance No. 3388 (1974) approved a change of zone on the subject prooerty from L-C and R-A-10,000 to P-C. .. City Council Ordinance No. 3407 (1974) approved MP-150 to allow a total of 3452 units on 808 acres. The subject oarcel is a portion of this 808 acres. Ordinance 3407 incorporated Master Plan Map Exhibit C dated 1/11/74 as a part of the approval . Master Plan Map, Exhibit C includes indication of open space corridors, major road systems, school sites, park sites and commercial center area. The school sites are allotted 20 acres total and the park sites are allotted 20 acres total. Planning areas are established and net dwelling unit densities are shown. Environmental Impact Information: An Environmental Impact Report #230 was certified with the approval of MP-150. Supplemental information has been requested by Staff and has been supplied by the applicant. _V 1|^^? ^^^/tsupplemental Environmental Information In general, Staff believes that the supplemental information adequately addresses the specific impacts of the construction of Lake Calavera Hills Units I-IV. Staff would, however, like to point out the followingadditional considerations: Relationship to El Camino Real- Present traffic volumes in the vicinity of the project on El Camino are 6200 averacie 'daily trips. The project would result in a 25% increase in daily trips on El Camino Real, but would still be well within the safe capacity for that road. In addition, the project is outside the existing and projected 65 DB (A) Noise Contour for El Camino Real. Agriculture - The supplemental information states that the Las Flores Complex soils which are on the site are not highly rated for agricul- tural production. This is somewhat misleading. Although the Las Flores soils are not highly rated by the Storey Index, they are capable of sustaining viable agricultural production. There are, in fact, a number of areas in Carlsbad where Las Flores soils are being activated. In realty, agricultural suitability depends less on soil type than it does on factors such as: Proximity to other cultivated areas, land costs and taxes, protection from human in- trusion, climate, and water rates. Staff has not conducted a de- tailed analysis of the agricultural capability of the subject prop- erty; however, preliminary indications are that the property has a moderate capacity for agricultural use. Redevelopment of the subject property could adversely affect adjacent agricultural properties by: increasing the potential for theft and vandalism of crops, increasing the propery taxes on adjacent prop- erties and stimulating the conversion of other agricultural lands. The interface between urban and agricultural uses should also be considered. The existing agricultural uses could be a nuisance to nearby residences because of factors such as truck traffic, pesti- cide drift, noise and dust. Extension of Services ' , The supplemental information discusses the availability of services for the property. It does not, however, discuss the economy and loqic of extending those services. The subject property is surrounded by un- developed land, most of which is currently being cultivated. Roads, sewer, water, gas and electric service must be extended across this vacant land to serve Lake Calavera Hills I-IV. Thus, the costs of extending those services will be considerably higher for the subject property than if it were adjacent to a developed area with available services. This added cost for extending services must be borne by either future residents of the Lake Calaveras Hills development or by assessment of the vacant properties which will be traversed by the services. , -8- . ».-••, in Addition, cost^, 7^ pol ice and fire prote^'^ and transport of children to schools w.1-1 be greater because tTie property is removed from existing urbanized portions of the City. Energy Conservati on The fact that additional fuel will be consumed for service vehicles serving the project has already been noted. Fuel consumption could also be greater for residents of the project because of greater dis- tance to shopping facilities, schools and employment centers. The supplemental information recommends that the public bus system be extended to serve the property in order to mitigate the impacts of the increased traffic and fuel consumption. Because the property is some- what isolated from other residential areas, the cost and logic of ex- tending service should be weighed against the potential benefits. General Plan Information The Land Use Plan Map of the General Plan designates the subject location as RL-M (Residential Low-Medium Density, 4-10 dwelling units per acre) acommodating single family and planned residential developrent. The General Plan also designates the subject site to contain a school site and open space corridors. The General Plan states the following in regard to schools, as designated on the Land Use Plan Map. Schools: This land use classification represents both existing and proposed school sites necessary to serve the ultimate planning area. The sites are designated as elementary, junior high, high school, con- tinuation school or private school facilities. Sites delineated with precise boundaries represent existing sites and sites shown with a circular symbol represent proposed sites to be confirmed by the respective school districts at time of development. Public Facil ities: ' Staff has received a letter from the Carlsbad Unified School District indicating the availability of school facilities for the project~and in- ! dicating a willingness to accept the proposed school site. A letter has been received from Carlsbad Municipal Mater District indi- cating availability of service to the subject property. At this time, CMWD is developing a Master Plan for the Calavera Hills area and much of the surrounding area (see attached letter). The City Engineering Department has indicated an availability of sewer service concurrent with need for the subject subdivision. An updated evaluation of sewer facilities is being studied for the City by Brown and Caldwell Engineering Consultants. The study is preliminary in nature at this time and has not been reviewed by the City Council. The pre- -9- liminary study indicates a number of means to provide increased sewer capacity for the subject area in the future. Currently, the subject property, as well as the entire BOOl acres within the Master Plan, is removed from any existing Citv Roadway. The applicant oroooses to extend Tamarack Avenue across orooerty within San Diego County, to connect the subject project with El Camino Real. The roadway will have to be extended,- to standards as directed by the City Enoineer for approximately 4000' to pro- vide a connection for the subdivision. Major Planning Considerations: Do the requests conform to the General Plan? Do the requests con- form to the existing Master Plan? How will the pronosed oroject relate to surrounding land uses now and in the future? SECTION III. DISCUSSION The General Plan Land Use Plan Man, and Master Plan 150 show a school site within the area designated bv the applicant for CT 76-12 and PUD-4. The applicant has submitted a revised plot plan showing an approx- imately 10 acre school site in the south-east corner of the requested subdivision. Staff has received a letter from the school district indicating that the school district now supports the Calavera Hill project. The General Plan and adopted Master Plan also designates park sites within the Calavera Hills Master Plan acreage. A condition of the Master Plan stioulates that these nark sites must be inclined within the boundaries of the first subdivision i.e., "No tentative map shall be considered on any oortion of the subject nroperty unless the boundaries of said map include the approved park sites indicated to be dedicated to the City of Carlsbad. Each sub- sequent subdivision shall receive credits from said park sites to meet its requirement to the Parks Ord- inance. Said sites shall be dedicated to this Citv as a part of the approval of the final map of the first subdivision." „ The applicant feels as though the above condition is unreasonable. Staff has included, in the conditions of approval, orovision for a solution to the parks condition prior to recordation of the final map. These conditions have been reviewed by the City Attorney and he has indicated that they do not create a Master Plan conflict. The conditions basically require that the Master Plan parks condition be adhered to, or that an amendment to the Master Plan be accomplished to otherwise provide for parks dedication. -10- ' < ". • f' D The followinq projects have been approved east of El Carol no Real, in the proximity of the subject request: Carlsbad Tract Name of Pro.iect Developer Housing Type No. Units 73-36 74-4 74-5 74-14 74-25 75-2 CUP 48 A Woodbine Quail Ridqe Royal Homes Templin Heiahts Tiburon Carlsbad Mea- dows . Rancho Carlsbad Standard Paci f i c Leadership SL R B Investors Devel opers Larwi n Sommars Western Land Dev. Sinqle .Fami ly Sinqle Family Sinqle Family Sinqle Family Condomi ni urns Sinale Fami ly Mobi 1 e -Homes 146 234 30 270 494 110 50n± Of the above projects two abut the Calavera Master Planned area, they are: Quail Ridqe and Templin Heiahts. The Ouail Ridqe approval has been extended to January 2^, 1977 and no further nroqress toward con- struction has been made. The Templin Heiqhts project is in the qrading permit process through the City Engineering Department. The Quail Ridqe project and the Templin Heiqhts proiect would extend Elm Avenue to the Calavera Hills. Master Plan area, but not to inter- sect the currently requested subdivision boundaries. None of the above subdivisions abut the subject subdivision. The subject site is not adjacent to any currently approved or proposed subdivision. The closest project (4000- feet away) to the subject site is the Carlsbad Meadows project north of Tamarack Avenue. The project site has been qraded and building permits applied for. Because of the status of the adjoinq property to the south and west of the subject site (not a nart of the incorporated r.-jtv) it is difficult to predict when further development will occur in this area. The development timing of the Ouail Ridqe project, which would supply the Elm Avenue link to Temnlin Heiqhts and thereby provide connection to the. Calavera Master Plan area, is also unknown at this time. At this point a consideration as to the timelyness of the subject pro- ject should be considered. (See Supplemental Environmental Information- -11- and Public Facilities Section). Staff feels that interpretations of this nature should be left to the descretion of the Planning Commission and City Council. Attachments: City Council Resolution 3407 Planning Commission Resolution 1050 • Exhibit E, (10/15/76) Exhibit F, (11/18/76) Copy applicant's Master Plan revision ' Copy General Plan Map Copy EIR Supplemental Information Copy letters from school district Letter from CMWD, 11/15/76 Location Map (surrounding CT'S) t TH/AR -12- MEMORANDUM January 26, 1977 TO: FROM: CASE NO: REQUEST: APPLICANT: SUBJECT: PLANNING COMMISSION PLANNING DEPARTMENT CT 76-12 and PUD 4 (CALAVERA HILLS) Approval of a Tentative Tract Map and Planned Unit Development to provide a 138 dwelling unit. 142 - lot subdivision on approximately 63 acres. ROBERT LADWIG (AGENT) Revision to conditions as directed by Planning Commi ssion. At the Planning Commission of January 5, 1977, a revised list of con- ditions were submitted by staff. The applicant indicated that the conditions as prepared by staff were acceptable. The Planning Com- mission suggested additional conditions dealing with recreational vehicle storage and open space easements over man-made slopes. Staff has revised the conditions to include the following: 1) New condition #20, dealing with open space easements. 2) New condition #24, updating the wording for this condition to the most recently accepted wording by City Council. 3) New condition #25, dealing with recreational vehicle storage. Please note that the staff report dated December 8, 1976 is the most recently submitted staff evaluation. Refer to this report for infor- mation on the project. CONDITIONS CT 76-12 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 G, dated December 17, 1976. The location of all roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit "G", except or unless indicated otherwise herein. 2) In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable ve- hicular access to all buildings and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. -1- •3)- Ornamental street' 1ighting 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. 4) 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 and no easements shall be recorded 'prior to recordation of the final map unless approved by the City Engineer. 5) 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 consider- ation of the consequences to the included and neighboring prop- erties and in conformance with the Geologic and Seismic Safety Element of the General Plan. 6) Tamarack Avenue-right-of-way, including slope easements, shall be dedicated on the basis of an 84-foot street section and improved on the basis of a 42-foot half street section, accord- ing to City of Carlsbad Standards, from El Camino Real to the most northernly point of the subdivision. 7) Work to be done on Tamarack Avenue improvements shall include channelization, residential street modification, and full 84- foot street improvements on Tamarack from El Camino Real to the intersection of the Trieste - Sierra Morena complex, as approved by the City Engineer. 8) Slopes adjacent to public streets shall be 2:1 maximum, and the grading plans for the project, or its supplements, shall specify the type and manner of installation and irrigation of slope planting for control of erosion on these slopes, to be approved by the Parks and Recreation Director and City Engineer. 9) The offsite sewer is not approved as shown; it shall be extended within Tamarack Avenue to a point near the proposed culvert where the future sewer, serving the tributary area north of Tamarack Avenue, can be properly connected before its alignment leaves Tamarack Avenue to connect to the existing sewer in Kelly Drive. 10) Lot 141; the future school site, if left ungraded, shall have a graded all-weather access into the lot. 11) A revised Tentative Tract Map will be submitted to the City En- gineer prior to recordation of the final map incorporating all changes required herein. 12) The revised Tentative Tract Map will reflect the park site re- -2-£3 • • quirements as specified in the approved Master Plan No. 150, Condition of approval No. 2. 13) If, however, the approved Master Plan 150 is amended to reflect a new parks requirement, the required revised Tentative Tract Map will meet the provisions stipulated in that revised parks requirement. CONDITIONS PUD-4 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 "G", dated December 17, 1976, Exhibit "E" dated October 15, 1976, Exhibit "D", dated October 28, 1976. The location of all roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on Exhibits "G", "D", "E", unless otherwise provided herein. 2) Development Standards of the R-l-7500 zone will be adhered to. 3) The project shall be commenced within 18 months from final City action. If the project has not commenced within 18 months, approval herein will terminate, unless an extension request has been filed under Section 21.45.140 of the Municipal Code. 4) All public improvements shall be made in conformity with City standards to the satisfaction of the City Engineer without cost to the City of Carlsbad and free of all liens and encumbrances. 5) A comprehensive landscape and irrigation plan will be submitted to the Parks and Recreation Director for approval prior to issuance of grading permits. 6) The two observation points shown on the plot plan shall be con- structed using either concrete or asphalt as a flooring material. 7) The picnic area and observation point shall incorporate benches and tables compatible with the design of the overhead structure. 8) All existing or proposed pathways shall be concrete, and con- sideration be given to the proposed widths of the paths being re- duced from six feet and eight feet to four feet and six feet respectively. 9) The playground and active play areas shall incorporate elements for all age groups, for varied recreational activities to the satis- faction of the Parks and Recreation Director. 10) The pathways throughout the open space, shall connect with the park, and access between lots 134 & 135. Decomposed granite path- ways eight-feet wide throughout this area are adequate. 11) The tennis courts shall be constructed on concrete instead of asphalt. •12} Provisions will be made for electrical service in close proximity to the tennis courts for future lighting. 13) A controlled irrigation system shall be installed within the boundaries of the park site. 14) Water service will be supplied to points along the concrete pathways for keeping them clean. 15) Water service shall be available at the tennis courts for hosing courts and drinking fountains. 16) Any areas in the open space areas which have either cut or fill slopes are to be planted and automatically irrigated. 17) Lot two (2) shall be devoted totally to recreational vehicle storage A landscape and irrigation plan will be submitted to the Parks and Recreation Director for approval prior to grading permit issuance. 18) Lot two (2) will be surfaced in a manner acceptable to the City Engineer. 19) Lot two (2) may be used as a buildable lot at such time that adequate provision for recreational vehicle storage is perman- ently made elsewhere to the satisfaction of the Planning Director. 20) Concurrent with final map approval, the applicant shall grant an open space easement for maintenance and improvement purposes over those portions of those lots described in Condition 21, fronting .on public rights-of-way. 21) 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 i-ssuance of grading permits, the applicant shall post bonds and agreements ensuring the install- ation and maintenance of the erosion control system until permanent landscaping is installed and maintained. 22) 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 man-made slopes. These slopes shall: a) Utilize fire-retardent, drouth-resistant landscaping which includes trees and shrubs which reach a variety of sizes at maturity; and b) Utilize an irrigation system appropriate for common main- tenance of the required landscaping in conformance with conditions 23, 24. 23) Permanent landscaping and irrigation shall be installed on all lots identified in Condition 21 before any of those lots are occupied. If residential construction occurs in units, this condition shall be met on a unit-by-unit basis. -4- $'S~ 24) Prior to the issuance of building permits, the provision of permanent open space maintenance on those areas as indicated in Condition 21 shall be assured in a manner acceptable to the City Council. 25) Recreational vehicle storage is to be provided for the use of the property owners who reside within the PUD. Recreational vehicle spaces required for this PUD shall -not be used for another purpose. The storage site shall be maintained by the applicant, or a homeowner's association, until some other system of maintenance is approved by the City Council. 26) C.C.& R.'s for the project will be submitted to the Planning Director for approval prior to issuance of building permits. THrar (1/20/77) -5- ,•*"""•• •*• MEMORANDUMi _ •- ••• "•.—•••'•'. i' •• -ii ••"•• -i-..—-.- February 22, 1977 TO: CITY COUNCIL FROM: PLANNING DEPARTMENT CASE NO: CT 76-12 and PUD-4 (CALAVERA HILLS) APPLICANT:- ROBERT LADWIG (AGENT) REQUEST: • Approval of a Tentative Tract Map and Planned Unit Development to provide a 138 dwelling unit 142 lot subdivision on approximately 63 acres. •• SUBJECT: Additional Information/conditions. Parks Requirements: Area required by PUD: 1.9 acres Area provided by requested CT/PUD: 1 acre Credit given for usable open space dedication: .9 acres Parking available for park site (on street, with no adjacent residences) 20 spaces, para! lei. The area allowed for usable open space will be available for public access purposes. The area will contain walkways and observation points. The entire area will be maintained by the homeowners associ- ation. Recreational Vehicle Storage: Recreational Vehicle Storage area required by PUD: 5520 square feet. Recreational Vehicle Storage provided by CT/PUD: 9000 Lot size/building location/density: The development standards, lot configuration and size will be those of the R-l-7500 zone. Density: Gross: 63 acres with 138 d.u=2.2 du. per acre. • Net: 53 acres (minus 10 acre park site) with 138 du. = 2.6 du. per acre. Staff recommends the following additional conditions for PUD-4 (PC Resolution No. 1315). -1- New #5. A parks and open space plan reflecting the conditions stated herein shall be submitted to and approved by the Parks and Recreation Director prior to issuance of grading permits. New #6. A north and south permanent public access easement shall be granted to the City across lot 1 prior to final map recordation to the satisfaction of the City Engineer and Parks and Recreation Director, Renumber the following conditions to #17. A plan for the RV storage area (lot 2) shall be submitted to and approved by the Planning Director, Parks and Recreation Director and City Engineer prior to issuance of grading permits. The RV plan shall include landscaping, fencing and irrigation specifications. Omit old #17, renumber remaining conditions. TH:ar -2- I '. CALAVERA HILLS OPEN-SPACE REQUIREMENTS(C.T.76-12)PUD-4 Ordinance Requirement 1.9 Acres* Recreation Lot (Lot 1}** 1.0 Acres Open Space LotCLot 142)*** 8.1 Acres Total=9.1 Acres * Up to 50% allowance for natural areas. ** 1.0 acres gross and 0.9 acres useable pad area. *** Lot 142 contains 0.7 acres of new slopes 1-1/2:1 or 2:1, 1.3 acres of nature areas of less than 15% grade and 6.1 acres of natural slopes in excess of 15%. JS569.4 2-722-77 HWY 78 ' SUBJECT PROPERTY OCEANSIDE CARLSBAD BESTCOPY LAKE CALAVERA I I I J- J NORTH Case No.^.7£d^Date'Rec'd: tffe/IA 1 - DCC Date:PC Date Description' of Request: k&tf ARD W- "? Address or /Location of Request: jj p^ /> (fa^fr^ 4v<L . , Applicant: ¥oh<?jT /^A<jJ\ c f/fc-ew/ ^ )r ^* • / l/ // O *>- /" T y ^V 1 r ^/^=5/Al>\o i?C?3j 6<C^i/J^>\ /<2.//V Pr. *-i - . • 1 '" if : Engr. or Arch. 5?;c<^ £^>Vv^.ri,rv;J Brief Legal: J -j . , - / Assessor Book: /C? /7o*X Page: . // General Plan Land Use Description: ."£>[_ Ex-sting Zone: p-~t~ Acres: 45 -No. of Lots: r\ School District: Cnrkn^A W(\\A'\6 Water Sanitation District: &s-\<>b£i< Within Coast Plan Area: . u;-< y^ / n/D Parcel: / /"^ /o^ M - rf> - 5^-0-5^ / «>/rx_ Proposed Zone: /\//A , \ •» DU's DU/Acre </•• , •f //:X^tAJD '••• Coast Permit Area: r"0£> T . / .-..-. • 1