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HomeMy WebLinkAbout1976-01-06; City Council; 9447; La Costa Land Co. (E/ECR & S/La Costa Ave.) SP1 1 1 1 si 2( 2: 2: 2: 24 25 26 27 28 3Q ORDINANCE NO, 9447 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING A SPECIFIC PLAN (SP-171) FOR A SUBDIVISION CONSISTING OF 220 SINGLE FAMILY LOTS, 5 CONDOMINIUM LOTS AND 2 OPEN SPACE LOTS REAL AND SOUTH OF LA COSTA AVENUE. APPLICANT: LA COSTA LAND COMPANY. ___I ON 106 ACmS LOCATED EAST OF EL C.AXINO The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: Specific Plan (SP-119) adopted by City Council October 16, 1973, Resolution No. 3250, is rescinded. SECTION 2: A Specific Plan (SP-171) is hereby adopted for construction of a subdivision consisting of 220 single family lots, 5 condominium lots and 2 open space lots on a 106 acre site generally located east of El Camino Real and south of La Costa Avenue, more particularly described as: Portion of Section 35 and 36, Township 12 South, Range 4 West, and Portion of Section 2, Township 13 South, Range 4 West, SMB, in the City of Carlsbad, said Plan to consist of a plot plan marked Exhibit B, to SP-171, dated October 24, 1975, and an application with attach- ments on file in the office of the City Planning Department and incorporated by reference herein, subject to all terms and conditions of this ordinance. SECTION 3: Findings. The approval of Specific Plan (SP-171) is justified by the following findings: 1. The proposed Specific Plan is consistent the General Plan because: A. The Land Use and density of the project (2.8 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 on dwellings per acre overall) conform to General Plan designations (medium-high residential density, 10-20 dwellings per acre) €3. Open space, parks, circulation and noise attenuation are provided for in a manner consistent with applicablc elements of the General Plan. 2. The proposed Specific Plan conforms to applicable City policies and ordinances dealing with public facilities because: A. Provisions of Public Facilities has been assured, meeting minimum City standards, concurrent with need. SECTION 4: Development Conditions. The Specific Plan (SP-171) is approved subject to the following conditions and restrictions, and the development of the property, as described in Section 2 hereof, shall be subject to all such conditions and restrictions which are in addition to all requirements, limitations and restrictions of all municipal ordinances and. state and federal laws in force or which may hereafter be in force : 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 B, dated October 24, 1975. The location of all roadways, parking areas, landscaping, and other facilities or features shall be located substantial1 as shown on the plot plan labeled Exhibit B, except or unless indicated otherwise herein. 2. All development conditions of the .R-1 Zone shall apply to lots 1 - 225 except as otherwise noted herein. 3. All development conditions of the RD-M Zone shall apply to lots 221-225 except as otherwise noted herein. 4. To allow for proper maintenance of slope areas, no fences shall be constructed across the slopes with toe-of-slopes adjacent to public streets as shown in Exhibit B, dated October 24, 1975. 5. Concurrent with final map recordation, an open space 2. , 2c 21 2% 23 24 25 26 27 28 29 t- D easement shall be granted to the City of Carlsbad over lot 226 and a portion of lots 223 and 227 as shown in Exhibit B, dated October 24, 1975. At the same time 20 foot open space easements over portions of lots 16, 34, 172 and 186 shall be granted to the City of Carlsbad as shown in said Exhibit, or shall be included in lots 226 and 227 if approved by the Planning Director. 6. be submitted to the Parks and Recreation Director forhis approval prior to issuance of grading permits. shall include all slopes with toe-of-slopes adjacent to public rights-of-way, and lots 226 and 227. A detailed landscape and automated irrigation plan shall Said plan 7. Prior to the acceptance of subdivision improvements by the City, all landscaping and irrigation facilities included in the landscape and irrigation facilities plan described in the above condition shall be installed, The applicant shall maintain said landscaping until such time as permanent maintenance is established. 8. Plan area the applicant shall file with the Clerk of the City of Carlsbad a petition for the formation of an Open Space Maintenance District as provided for in Section 50590 of the California State Government Code. The applicant shall main- tain all landscaping installed in conformance with this plan until such time as an Open Space Maintenance District is established and accepts maintenance responsibilities as prescribed in the Open Space Maintenance Act, or until maintenance responsibility is accepted by another entity acceptable to the City. Should the City Council not approve such a Maintenance District, the applicant shall form a Homeowner's Association. The CC&R's for the Association shall contain provisions guaranteeing maintenance of said landscaping and shall be reviewed by the Planning Director. Prior to any occupancy of any portion of the Specific 9, Adopted City policies and ordinances pertaining to the creation and improvement of panhandle lots shall be adhered to. 10. Prior to the issuance of building permits on lots 223, 224, 225, a study of the noise levels on said lots shall be made by an acoustical engineer experienced in noise attenu- ation. Said study shall determine if attenuation measures are necessary to bring noise levels with 65 dB(A) outdoors and 45 dB(A) indoors. Said study shall recommend such attenuation measures as deemed necessary and approved by the Planning Director. Said measures shall be incorporated in the site design and building plans for said lots, 3. . 1 2 3 4 5 6 7 8 9 10 11 1% 15 14 9 2c F - 0 21 22 2: 24 25 26 27 28 m 11. Dwellings located on lots 5 through 26 and 42 through 81 of Exhibit B, dated October 24, 1975, shall be built with fire retardant roofs approved by the fire marshall. 12. Lot 221 shall be reserved for potential use as a private park site. SECTION 5: Administration and Enforcement, I The Building Department shall not approve any building for occupancy until the Planning Director has certified that all the conditions of this ordinance have been satisfied. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the - 16thday of December - , 1975, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the6th day of January , 1976, by the following vote, to wit: AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and NOES None Counci lwoman Cas1 er ABSENT: None Y&c&3= ROBERT C. FRAZEE, aysr (SEAL) 4.