HomeMy WebLinkAboutSP 104A; Tanglewood; Specific Plan (SP)CITY OF CARLSBAD
PLANNING DEPARTMENT
DISCUSSION
July 9, 1975
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
REPORT ON: SP-104(A) and CT 74-25 TIBURON
APPLICANT: LARWIN-SAN DIEGO, INC.
7801 MISSION CENTER CT.
SAN DIEGO, CA 92108
At it's hearing June 25, 1975, the Commission expressed concern
over several functional problems in the project, as well as concern
over the procedural aspects of acting on the current and tentative
tract map applications in. view of the development's history.
Functional Problems:
The Planning Commission now has the opportunity to compare a
project as it exists on the ground (Tanglewood, Phase I) with
proposed project Tanglewood Phase II (CT 74-25, SP104A). During
review of the Phase II project, several problems were noted in
Phase I. The staff is in a position to recommend solutions to
problems noted in Phase I, and is now firm in its requirements for
the Elm Avenue alignment and improvements.
(1) The staff has evaluated alternative Elm Avenue alignments
and now is requiring the Elm Alignment and improvements
as shown on the proposed tentative subdivision Map
(CT 74-25) and Specific Plan (SP-104), for the reasons
indicated in the attached report from the Engineering
Department.
(2) The park site indicated on the Master Plan (MP-5) and
on the expired tentative map (CT 72-21) was not required
as part of the Phase I construction. However, the staff
is now requiring the park dedication as part of approval
of Phase II construction. Dedication of the park site
at this time is appropriate in view of the number of residents
to be living in close proximity to the site.
In addition, dedication of the Avedian property is being
.required as part of approval of the second phase of develop-
ment. The property is surrounded on three sides by the
T.iburon project; its exclusion from the proposed tract
map would potentially deny the subject development the
timely use of the future park land by .cutting off the 17
acre park site to the east from the dwelling units in the
second phase. Consequently staff feels it must be made
available for use by the time the second phase becomes
occupied.
(3) On stte inspection of the grading accomplished during
Phase I (the entire site) indicates that many of the
on-site slopes have not been landscaped for erosion
control. The Staff is requiring that landscaping be
accomplished concurrent with the completion of final
site grading (finish grade). However, maintenance of
manufactured and planted slopes is the responsibility of
the Homeowner's Association under private development
conditions 5 and 10 of the existing Specific Plans
'(these conditions have been included in staff's recommend-
ed conditions for Specific Plcin Amendment).
On site inspection of the project also indicates that
areas designated .as n-atural slope on the Specific Plan
have been graded.
(4) The 241 wide alleys have caused numerous complaints.
"No parking" restrictions have been hard to enforce and
service vehicles have experienced difficulty in getting
past parked cars or ot-her obstructions." In addition,
the alleys have been 'an eyesore with their tunnel-like
effect. Therefore, the staff is requiring 28' wide
alleys in Phase II of the Tanglewood project, and is
requiring the provision of 3 parking spaces per dwelling
unit in any future development of the project.
(5) Screened facilities for .trailers, boats and campers have
not been provided, with the result that they are
currently parked on vacant building pads. Therefore,
staff is also requiring "that a screened parking facility
for trailers, boats and campers be provided within Phase II.
It was because of these problems as well as the problem
of aligning Elm Avenue, that the Council requested a review
of the Specific Plan prior to approving further develop-
ment. Staff feels these problems can be largely avoided
In Phase II through adherence to the recommended conditions
of approval.
Procedural Aspects:
Staff recommends that the Commission focus its consideration of the
application on the Specific Plan amendment and treat the tentative
tract map as an implementation tool. To this end staff has reorganized
the conditons of approval for both items, placing all conditions not
directly concerned with residential construction in the Specific Plan.
Any tentative tract map submitted (including that currently under
consideration) must then conform to the amended Specific Plan to
be approved.
AM/vb-
6-30-75
(6)
C9)
(10)
Elm Avenue shall be improved so as to provide for the
fu-11 84 foot street section where the Elm Avenue
alignment is completely within the b. oundaries of
SP-104(A). The public improvements shall include a
separate bicycle path on the northerly side in place
of the required sidewalk.
A realigned perpendicular intersection shall be construct-
ed at Appian Way and Elm Avenue. Appian Way shall be
dedicated and improved based on a 60 foot full width
within the tentative map boundary and improved based
on a 28 foot minimum street section south of the
tentative map boundary to. a point where it conforms
with the existing alignment and grade of Appian Way
The proposed realignment and improvement shall be
subject to the approval of the City Engineer.
The developer shall enter into a separate secured
agreement guaranteeing payment of % of the future
traffic signals which.will be required at the inter-
section of Elm Avenue and El Camino Real. The agree-,
-men.t shall include 100% of the future traffic signal
at Marron Road and Avenida de Anita. The'developer
shall be reimbursed to the extent authorized by law,
by the developers to the north of Marron Road for their
proportional share of the Marron Road signal.
Alleys shall be a minimum of 28 ft. in width, and
there shall be no physical encroachments upon or
over them, including but not limited to mail boxes
or utility guard rails.
The dedication of all
be rejected.
alleys with the-development shall
The developer shall provide hammerhead turnarounds as
approved by the City Engineer and Fire Chief at ends of
alleys.
All hammerheads shall be posted "no parking".
Separate screened faci1ities "for trailers, boats and
campers shall be provided within the second phase of
the subject development and shall be landscaped in a manner
approved by the Planning Director.
Parking shall be
dwelling unit.
provided at the rate of 3 spaces per
An application for an amendment to the Tiburon Master
Development Plan (MP-5) shall be submitted to the City
for approval within six months of the City Council
approval of SP-104(A). The master plan amendment shall
include the Avedian Parcel ( 5 acres), shown as Parcel
A on Exhibit A, dated June 19,- 1975, and shall be
designated as Park/Open Spa.ce. The density seven
dwelling units/acre may be transferred to the area
designated Area B Garden Apartments on MP-5, shown as
-2-
Exhibit B, dated June-19, 1975.
(15)
(16)
(.17)
(22)
(23)
(24)
(25)
(26)
That parcel known as the Avedian property, shown as Parcel
A on Exhibit A, dated June 19, 1975, shall be dedicated
as an open space/recreation area upon the recordation
of the final subdivision map. for the second phase of
the development .
In lieu fees shall
for each unit.
be paid prior to final map approval
All new slopes created as a result of this develop-
ment shall not exceed a 2:1 slope, as recommended by
the adopted Geologic Hazards and Seismic Safety Element
or unless otherwise approved by the City Engineer and
verified by appropriate soils reports.
(18) The applicant shall irrigate and landscape all~~gj^aded
thin the subdivision upon completion of
Irrigation and landscaping stfalT be-do
tothe satisfaction of the City Engineer and Parks an
Recreation Director.
The exteriors of all buildings, open spaces, a/pa recrea-
tion facilities shall be maintained by an established
homeowners association.
Manufactured and planted slopes shall be maintained
by an established Homeowner's 'Association.
The sidew.alks normally placed adjacent to the curb on
dedicated streets sjiall be constructed in a meandering
fashion and made a part of the pedestrian traffic system
for the project.
Portland cement concrete garage slabs shall be extended
to the alley right of way line.
All weather access shall be provided to all manholes
and cleanouts. Any water, sewer or storm drain lines
Installed in slopes shall be placed normal to the slope.
All streets shall be named in accordance with the City
street naming policy.
Structures adjacent to El Camino Real will have red tile
mansard roofs thus keeping with the Spanish trail con-
cept of El Camino Real.
The conditions, covenants and restrictions and pro-
visions for maintenance of the community spaces shall
be approved by the City Attorney prior to approval
of any final subdivision map.
-3-
(27) Construction of the model structures and related
swimming pools, recreation.buildings, and other
structures as indicated on the model site detail
will be permitted upon approval of this Specific
Plan by the City Council. Said structures are not .
to be utilized for other than sales purposes until
a final subdivision map has been filed for the units
involved.
(28) All hydrants and additional fire appurtenances shall
be installed as required'by the Fire Department.
(29) Street improvements as required by Ordinance shall be
constructed in accordance with City standards, sub-
ject to the approval of the City Engineer, on all
streets within the development and on Elm Avenue
and Marron Road as in the required adopted Master
Plan for the subject property (MP-5, Ordinance
.9315)..
(30) The underground drainage, water, and sewerage systems
are not shown and are subject to modification and
approval by the City Engineer as part of final map
improvement plans.
(31) Sidewalks shall be provided to connect each dwelling
unit to major points of pedestrian attraction. Materials
to be used shall .be subject to approval of the staff.
(32) The applicant's design for patio covers, as shown in
Exhibit B, dated June 19, 1975, shall be
tvoes of oatio covers permitted.
hxniDit.B, dated June iy, iy/t>,
types of patio covers permitted.
the only
(33) Provision shall be made for the future installation
of cable TV as follows:
eO Conduit and pole boxes shall be installed to
serve each dwelling as may be required by the City.
b) Each dwelling shall be designed to facilitate the
future installation of signal cable.
c) The developer shall be reimbursed to the extent
authorized by law for the cost of installation
of items "a" and "b" by the City franchised user of
the facilities.
(34) Street trees and 10 foot easements shall be required for
Elm Avenue and Marron Road.
-4-
(35) The following shall be granted to the City of
Carlsbad before any building permit will be issued
for the development of the subject property:
a) All street improvement including water, sewer,
underground power and telephone, street tree
planting, street light, storm drain and any
other improvements deemed necessary by the City
Engineer shall be installed in conformance with
City Standards and indicated on an approved
improvement plan, or bond posted in lieu of
improvements, prior to the issuance of a building
permit.
b) All lands necessary for street widening shall be
dedicated to the City of Carlsbad prior to
approval of said improvement plan.
c) A grading plan shall be submitted prior to the
issuance of a building permit.
(36) 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.
Staff recommends that Tentative Tract Map CT 74-25 be approved
subject to the following conditions:
(1) The Final Map shall be submitted for approval within
eighteen (18) months from the final action by the City
Council on the tentative subdivision map. The Final Map
shall be in substantial conformance of the tentative
subdivision map known as Exhibit A, dated February 3, 1975.
(2) The development of the property described herein shall be
subject to the restrictions and limitations set forth
herein which are in addition to all the requirements,
limitations, and restrictions of all municipal ordinance
and State and Federal statutes now in force, or which,
hereafter, may be in force for the purpose of preserving
the residential characteristics of adjacent properties.
(3) All public improvements shall be made in conformity to the
City of Carlsbad Engineering Design Criteria and Standard
Plans, the Subdivision Ordinance and other City Standards
to the satisfaction of the City Engineer, without cost to
the City of Carlsbad and free of all liens and encumbrances
(4) All land and/or easements required by this Ordinance shall
be granted to the City of Carlsbad without cost to the
City and free of a.l 1 liens and encumbrances.
-5-
(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 a
civil engineer licensed by the State of California, and
experienced in erosion control, who shall be acceptable
to the City Engineer. He shall certify that he has
investigated the site and prepared data with full con-
sideration of the consequences to the included and
neighboring properties and in conformance with the
Geologic and Seismic Safety Element of the General Plan.
(6)
(7)
Dedications of public streets shall include1 a waiver of
direct access rights from lots shown on the final map as
abutting thereon, except at locations approved by the
City Engineer.
In order to provide for reasonable fire protection
during the construction period, the subdivider shall
maintain passable vehicular access to all buildings and
adequate fire hydrants with required fire flows and
dry-stand pipes shall be installed prior to framing
construction.
Park-In-Lieu fees shall
($9,135.) shall be paid
Map for CT 74-25.
be required for CT 74-25. Fees
prior to recordation of the Final
Park Land/Open Space as
Plan (MP-5), Exhibit B,
Lot 496 on CT 74-25, Exhibit A
shall be dedicated to the City
Final Map for CT 74-25.
indicated on the Master
dated June 19,
Development
1975 and shown as
dated February 3, 1975,
prior to recordation of the
The CC&R's for this development shall be submitted 'to the
Planning Director for review and approval prior to the
approval of Final Map.
(11) The applicant (Larwin-San Diego) or any successor in interest
shall include the property known as the Avedian Parcel
(5 acres) and shown as Parcel A on Exhibit A, dated February
3, 1975, within the boundaries of the Final Subdivision Map
for CT 74-25.
1200 ELM AVENUE H >W^» fl TELEPHONE:
CARLSBAD, CALIFORNIA 92008 wJ$$l <fli (714)729-1181
Office of the City Manager
Citp of
October 21, 1975
Mr. Les Samenow, Secretary
Tiburon-Carlsbad Homeowners'
Association
3105 Avenida de Anita
Carlsbad, California
Dear Mr. Samenow:
I feel very remiss in allowing so much time to elapse
before giving you specific information on your parking
problem, but the City has never before enforced parking
on private streets or alleys, and some research was
necessary to determine exactly how this could be accom-
plished.
Vehicle Code Section 21107.7 does provide that the City
may enforce parking regulations on certain private roads
not generally open for public use. In order to initiate the
procedure, a petition signed by the majority of the owners
along any such privately owned or maintained road, must be
submitted requesting that the City Council enact these
regulations. After the City Council receives the petition,
it must set the matter to public hearing after giving notice
to all property owners of the road. At the public hearing
the City Council will determine whether there is justification
for accepting enforcement of the private street. If they
make that decision, the matter will be referred to the City
Attorney for preparation of the necessary legal documents.
In order to get you started on this process, you may contact
the City Planning Director, Don Agatep, and either he or a
mejnber of his staff will help answer any questions you may
stilM
City Manager ^ ^ /^ >
PDBrtld QQJ.
£^ 7cc: Don Agatep, City Planning Director ™*"'
MEMORANDUM
TO: PLANNING COMMISSION
FROM: PLANNING DIRECTOR
SUBJECT: SPECIFIC PLAN 104(A) LARWIN, COUNCIL ACTION REQUEST
FOR PLANNING COMMISSION REPORT.
The City Council considered the proposed Specific Plan revision,
SP-104(A) on July 15, 1975. Following a comprehensive staff preset
tion by the Planning Director and the City Engineer, and public
testimony offered by Larwin representatives and adjoining property
owners the Council moved to return Specific Plan 104(A) to the
Planning Commission for a report on the City Council action, the
report to be returned to the City Council for presentation on
August 5, 1975.
I COUNCIL ACTION:
A. City Council action on Specific Plan 104-A:
(1) By a 3 to 2 vote adopted Alternative Alignment #2
for Elm Avenue as contained in the City Engineer's
report, dated July 9, 1975. Provisions were also
made for Elm Avenue right-of-way dedication and
requirements for half street improvements as stated
in Planning Commission Resolution 1168. Essentially
alternative Alignment #2 moves the center line of
Elm Avenue approximately 40 ft. north of its exist-
ing location, which is adjacent to the McCoy property
Alignment #1, which was adopted by the Planning
Commission, was the alignment which was adopted by
the City Council and the Planning Commission when
the original Specific Plan and Tentative Map were
presented to the City in January 1973.
(2) Condition #1 of the Specific Plan SP-104(A) outlined
in Planning Commission Resolution 1168 was revised to
read "Ordinance #9324, adopting Specific Plan SP-104,
is hereby revoked. Notwithstanding said revocation,
land contained in Phase 1 of CT 72-21 shall be
developed according to conditions and standards as
set forth in Specific Plan SP-104."
Condition #1 now applies to the second phase develop-
ment of the Larwin-Tiburon-Tanglewood Project: Those
lands contained within the boundaries of CT 74-25.
(3) The City Council retained the 24 ft. alleys as requested
by Larwin, amending the condition of Planning Commission
Resolution 1168, which stipulated 28 ft. for alley widths.
(4) The developer is required to contribute 1/8 of the cost of
the traffic signal at Elm Avenue as prescribed in the original
Specific Plan (Ordinance 9324). The 1/8 requirement is a de-
parture from the Planning Commission recommendation of 1/4
cost and the staff recommendation of 100% participation with
a reimbursable agreement.
B. City Council Action on Tentative Subdivision Map (CT 74-25)
The City Council moved to return the matter to staff for the
preparation of documents of approval on CT 74-25, subject to
modifications which may be required as result of final action
on the Specific Plan Amendment SP-104(A) to be heard by the City
Council on August 5, 1975.
All conditions as recommended by Planning Commission Resolution
1161 remain as contained in that document.
II. PLANNING COMMISSION ACTION:
If the Planning Commission feels that there was information presented
to the City Council which was not offered to the Commission during
Commission hearings, the Planning Commission may wish to comment on
those differences.
The Planning Commission may wish to comment on the City Council's action,
and recommend additional conditions be added to the Specific Plan Ordinance.
DAA/vb
7-18-75
ATTACHMENTS: Planning Commission Resolution 1168 (SP-104A)
City Engineer's Report dated June B, 1975 on Elm Avenue
Alignment Alternatives
June 19, 1975
MEMORANDUM
TO: Planning Commission
FROM: City Engineer
SUBJECT: Elm Avenue Alignment Study - SP 104 (A)
Because of a conflict between two proposed tentative maps (CT74-5A,
developer-Carlsbad Development Corporation, formerly SL&B and CT74-25,
developer-Larw?n,San Diego) over the alignment of Elm Avenue, east
of El Camino Real, the City Council directed staff to re-study the
alignment of Elm Avenue as adopted by SP 104 in December, 1972.
Two alignments were studied.
Alternate 1: is the alignment that was adopted by the City and par-
tially constructed by Larwin in early 1973.
Alternate 2: is an alignment that shifts the centerline a distance of
40 feet northerly from the adopted alignment at the point where Elm
abuts the westerly property line of the proposed CT74-5A tentative
map. This alignment matches the alignment of Elm that is proposed by
Carlsbad Development Corporation.
Based on these two alignments, several meetings have been held by
various members of the staff with the developers of these two proposed
subdivisions (namely Larwin and Carlsbad Development Corporation). It
is important to note that because the only potential change to the
existing adopted alignment would not adversely affect any other adja-
cent property owner, most of the discussions have centered on the pend-
ing tentative map applications.
A comparison of the two alternate alignments is attached as "Exhibit
101".
Analyzing the "best" alignment could be done from several viewpoints.
Considerations of legal questions (i.e. Is the SP 104 valid?, What
prior rights can be attached to grading permits approved by the City?,
etc.) tend to cloud decisions as to which alternate is best. This
report will limit itself to analysis of the two alternates from an
engineering viewpoint.
Engineering Analysis
The two alternatives are so similar as to design, that the finished
product of each alternate is substantially identical with respect to
safety and driveability from the publics viewpoint.
Two different considerations are appropriate:
MEMORANDUM, -Planning Commission
June 19, 1975
Page 2
1. What is the best alternative based on conditions as they exist in
the field today?
2. What is the best alternative based on conditions as they existed
three years ago?
Based on topographic conditions in 1972 and assuming that all costs
would be shared by those properties immediately abutting the road and
including costs of road construction and right of way already expended,
the following is noted:
Construction Costs
Property Owner Alternate 1 Alternate 2
Larwin $558,000.00 $619,500.00
CDC 85,000.00 25,000.00
Felkins 120,000.00 90,000.00
Others 89,000.00 85.000.00
§852,000.00 $819,500.00
It should be noted that approximately $369,000.00 worth of Elm Avenue
has already been provided by Larwin as well as $10,000.00 4 of right
of way and slope easements from Felkins, and $5,000 ± slope easements
from CDC. An additional $468,000.00 would be required to complete
the roadway for Alternate 1 and $435,500.00 for Alternate 2. Alter-
nate 2 appears to be a less expensive alignment by $32,500.00 (approx-
imately 96% of the cost of Alternate 1).
These estimates do not include any estimate of costs for condemnation
of right of way, engineering design, or inspection and overhead.
If the original alignment is maintained, C D C property will have two
less buildable lots. If the alignment is shifted (Alternate 2) Larwin
will have two less buildable lots.
Should the five acre Avedian parcel "remainder" be dedicated as a City
Park on open space, (Alternate 1) is preferable from a park standpoint.
Alternate 2 splits the parcel more and leaves very little near level
ground on the north side of Elm.
Except for some potential lessening of street improvement costs by
property owners southerly of the existing specific plan alignment with
a corresponding increase in street improvement costs by Larwin, a
shift of alignment from the adopted alignment 1 to the Alternate 2
does not appear to be warranted.
It is recommended that no change be made at this time, in the horizontal
alignment of Elm Avenue as shown on the wall exhibit labeled Alternate 1
and dated June 19, 1975.
T im Flanagan, C/y Engineer
MEMORANDUM
July 24, 1975
TO: HOKORABLE MAYOR
CITY COUNCIL
FROM: PLANNING COMMISSION
SUBJECT: PLANNING COMMISSION REPORT ON PROPOSED LARWIN
SPECIFIC PLAN AMENDMENT (SP-104A)
The City Council action of July 15, which announced Council's intent
to approve an alignment of Elm Avenue which moves the center line of
Elm Avenue up to 42 ft. north along various points of the existing
alignment, was presented to the Planning Commission on July 23, 1975
in the form of a staff report by the Planning Director.
The Director's report included a discussion of the Council's action
and those issues where the City Council and Planning Commission
were in accord. The Director also outlined those issues where City
Council deviated from the Commission's recommendations. Commissioners
L'Heureux and Fikes also offered comments on City Council action, and
concurred with the report presented by the Planning Director. After
substantial discussion, the Planning Commission made the following
motion for report on the proposed Larwin Specific Plan Amendment
(SP-104A):
The Planning Commission of the City of Carlsbad accepts
the action of the City Council with respect to the Larwin
Specific Plan SP-104(A). The changes as offered by the
City Council, in the Planning Commission's opinion, are
in the public interest, and in the event that the Elm Avenue
alignment is set at something less than the projected 42 ft.
north, the Planning Commission will support the Council's
action and does not see the necessity of referring the matter
back to the Commission.
The Planning Commission in review of the City Council's action
would like to emphasize the importance of considering alley
widths in the second phase of the Larwin Project, specifically
alleys within the boundaries of CT 74-25. The Planning Com-
mission is of the opinion that parking enforcement could
become a problem and that alley widths of 28 ft. should be
developed as opposed to the proposed alley widths of 24 ft.
Additionally the Planning Commission is of the opinion that
guest parking and off-street parking provided in the completed
units of the first phase may not be adequate, therefore the
Planning Commission would encourage the City Council to
consider all phases of the development which have not yet
been completed so as to provide for additional guest and
off-street parking. The Planning Commission would not
consider additional guest/off-street parking as necessary
or practical in those areas which have already been con-
structed or in those areas where concrete foundations or
concrete footings have been placed.
The Planning Commission therefore accepts the Council's action and
would encourage the Council to seriously consider the increased alley
widths in phase two and to reassess the parking requirements in the
uncompleted sections of phase one and in all of phase two.
Donald A. Agatep
SECRETARY TO THE
DAA/jc
7/24/75
cc:City Manager
Chairman, Planning Commission
MEMORANDUM
TO: City Manager
FROM: City Attorney
DATE: July 31, 1975
SUBJECT: ENFORCEMENT OF "NO PARKING" ORDINANCES ON PRIVATE
' PROPERTY
Your memorandum of July 28, 1975 asked me to review a
letter from the Tiburon Carlsbad Homeowners' Association which
requested that the City of Carlsbad enforce certain parking regula-
tions in the private streets of the development. Basic authority
for the regulation of vehicle parking by municipalities is found
in Section 22507 of the Vehicle Code. That section provides that
local authorities may by ordinance or resolution control the park-
ing of vehicles on certain streets or highways during all or certain
hours of the day. Signs or markings giving notice of the local
regulation must be posted in order for the ordinance or resolution
to be effective. A City is included within the definition of "local
authorities". The section does not apply to privately owned streets.
The Vehicle Code has several sections which, in specified circum-
stances, allow the enforcement of the Vehicle Code on private
property. That authority would also allow the enforcement of City
parking regulations enacted pursuant to Section 22507. Included in
these circumstances are private roads open for public use, public
parking areas, private roads leading to commercial establishments
and, pursuant to Section 21107.7, private roads not generally open
for public use. It is my view that Section 21107.7 could be applied
to the Tiburon situation.
Vehicle Code Section 21107.7 provides that a City may, by
ordinance or resolution, find that there are privately owned and
maintained roads which are not generally open for public use but,
by reason of their proximity to or connection with public streets,
the interest of the residents living along such a road and the
general public will best be served by the application of the Vehicle
Code. Such resolution must particularly describe each individual
privately owned and maintained road. The procedure must be initiated
by a petition signed by a majority of the owners of any such privately
owned and maintained road, requesting that the City Council enact such
an ordinance or resolution. Upon receipt of a petition in proper form
the City Council, if it wishes to proceed further, must set the matter
to public hearing, giving at least ten days written notice to all
City Manager
July 31, 1975
Page 2\
owners of the road. At the public hearing, if the City Council is
able, based on the evidence, to make the finding set out in the
section, they may adopt an ordinance or resolution making the Vehicle
Code applicable to the road. For the ordinance to be effective a
sign must be errected at the entrance to the road, giving notice that
the road is subject to the Vehicle Code. The sign must be of such
size, shape and color as to be readily legible during daylight hours
from a distance of 100 feet. Once the Vehicle Code is applied the
City would acquire authority to also enforce City regulations pur-
suant to Section 22507.
The Tiburon Carlsbad Homeowners' Association is not the
appropriate legal entity for the initiation of the required petition.
In fact, several recent cases have held that homeowners' associations
do not have standing to seek to enforce the C,C.& R's of the develop-
ment or to pursue claims against the developer. Such matters must
be instigated by one of the property owners in the development. In
order to proceed with the Tiburon matter it will be necessary to
identify the legal record owners of the streets in question. In all
probability each owner of a unit in the development also would own
undivided interests in the common areas which usually include the
private streets. If that is the case, it would be necessary for the
City to be presented with a petition signed by a majority of all
property owners in the development. Our usual practice would require
that an individual interested in the matter submit a list of all the
property owners of record in order that the required notices could
be sent. The City Council could then proceed with the hearing, the
findings, and if it was determined to be in the public interest to
enforce our ordinances in the private streets, the adoption of the
appropriate ordinance. I have not reviewed the Municipal Code to
see whether or not we have existing parking regulations which would
be adequate to the Tiburon situation. It might also be necessary to
adopt an ordinance in that regard. After adoption of the appropriate
ordinances it would be necessary to post the Vehicle Code sign at
the entrances to all private streets and to post signs throughout
the private street system, giving notice of the particular City
parking regulation.
\
\
\j VINCENT F. BIONDO, JR.
City Attorney
VFB/mla
CC: Chief of Police
Public Works Administrator
Planning Director
NOTICE OF PROPOSED ADOPTION OF SPECIFIC PLAN
NOTICE IS HEREBY GIVEN that the Planning Commission of
the City of Carlsbad will hold a public hearing in the City
Council Chambers, 1200 Elm Avenue, Carlsbad, California, at
7:30 P.M. on Tuesday, July 25, 1972, to consider an application
submitted by LARWIN COMPANY, in accordance with Title 21 of
the Carlsbad Municipal Code to consider adoption of a Specific
Plan on property located easterly of El Camino Real, and
southerly of Marron Road extension, more particularly des-
cribed as follows:
All that portion of Lot "J" of Rancho
Agua Hedionda, in the County of San
Diego, State of California, according
to partition map thereof No. 823, filed
in the Office of the County Recorder of
San Diego County, November 16, 1886, more
particularly described in application on
file in the Plan rung Department.
CARLSBAD PLANNING COMMISSION
Publish: July 14, 1972
Affidavit of Publication
STATE OF CALIFORNIA
County of San Diego ss.
, says that she is the Principal Clerk
of The Carlsbad Journal, a weekly newspaper of general circulation, printed and published in the
City of Carlsbad, County of San Diego, and State of California, and that the notice of which the
annexed is a true copy, was published —i times in said newspaper, commencing on the.....-J.?..
of July. , A.D. 19 ....IS namely on the following dates:
NOTICE IS H
that the Planning
of the Gtf <*£
X /
day, July 25, mZ,
an application
LAR1 ,cortance with
Carlsbad M
consider «*.
cific Pla* jut
on file > the JtafflJisi
l%?4^_.i.
Pub:Signed at Carlsbad, California this ....i.31^
day of J.ul3. , I972_
I hereby declare under penalty of perjury
thar-Hie foregoing is true/arid correct.
Legal Decree No. 172342 Principal Clerk
SUBJECT: REQUEST FOR APPROVAL OF
A SPECIFIC PLANAPPLICANT: LARWIN COMPANY
DATE: JULY 25, 1972
NOTICE OF PROPOSED ADOPTION OF SPECIFIC PLAN
NOTICE IS HEREBY GIVEN that the Planning Commission of
the City of Carlsbad will hold1 a public hearing in the City
Council Chambers, 1200 Elm Avenue, Carlsbad, California, at
7:30 P.M. on Tuesday, July 25, 1972, to consider an application
submitted by LARWIN COMPANY, in accordance with Title 21 of
the Carlsbad Municipal Code to consider adoption of a Specific
Plan' on prop'erty Ipcated easterly of El Camino'Real, and
southerly of Harron Road extension, more particularly des-
cribed as follows:
AH-that portion of Lot "J" of Rahcho
Agua Hedionda, in the County of San
Diego, Stafce of California, according
to partition map thereof No. 823, filed
In the Office of the County Recorder of
San Diego County. November 16, 1886, more
particularly described In application on
file In the'Planning Department.
CARLSIJAO PLAmilflG COMMISSION
Publish: July 1<. 1972
CITY OF CARLSBAD
PLANNING DEPARTMENT
RECOMMENDATIONS
July 9, 1975
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
REPORT ON: SP-104(A)
CT 74-25 TIBURON
APPLICANT: LARWIN-SAN DIEGO, INC.
7801 MISSION CENTER CT.
SAN DIEGO, CA 92108
RECOMMENDATIONS: .
Staff recommends that Specific Plan 104(A) be approved subject to
the following conditions:
(1) Th'e development of the property shall be subject to the
restrictions and limitations set forth herein, which
are in addition to all requirements, limitations and
restrictions of all municipal ordinances and State and
Federal statutes now in force, or which hereafter may be in
force for the purpose of preserving the residential char-
acteristics of adjacent properties.
(2) All public improvements shall be made in conformity with
the subdivision ordinance and other City standards to the
satisfaction of the City Engineer, without cost to the
City of Carlsbad, and free of all liens and encumbrances.
(3) All land and/or easements required by this ordinance shall
be granted to the City of Carlsbad without cost to the
City and free of all liens and encumbrances.
(4) Ordinance No. 9324, adopting a Specific Plan on property
lying easterly of El Camino Real and southerly of Marron
Road Extension is hereby revoked. •
(5) Elm Avenue shall be dedicated and improved as follows:
(a) The Elm Avenue Right of Way as shown on SP-104(A),
Exhibit A, dated June 19, 1975, shall be dedicated
to the City of Carlsbad upon the recordation of the
final subdivision map for the second phase of the
development.
(b) Elm Avenue shall be improved so as to provide for a
42 ft. half street section where the Elm Avenue align-
ment is partly within the boundaries of SP-10*(A).
ENGINEERING, INC.
607 ALDWYCH ROAD • EL CAJON • CALIFORNIA • 92020
714/442 • 1681
July 3, 1972
Mr. Donald A. Agatep
City of Carlsbad
1200 Elm Avenue
Carlsbad, California
Re: Specific Plan - Tanglewood Carlsbad
Dear Mr. Agatep:
Submitted herewith is the application for adoption of a Specific Plan
for the Tanglewood Planned Community located east of El Camino Real and
south of Route 78 freeway.
The following information and required items are submitted for processing
and approval:
1. Fully executed application for adoption of a Specific
Plan and filing fee in the amount of $1,102.00.
2. Legal description and sketch of the property involved
in the Specific Plan.
3. A map showing location of the subject Specific Plan
in relation to the approved Master Development Plan.
4. A letter from the developer irrevocably offering
to dedicate the required streets, alleys, easements,
rights of way and offering to grant that portion of
the Specific Plan designated as park to the City ofCarlsbad.
5. A plan indicating typical walkway, pedestrian access
and landscaping for the proposed project.
CIVIL ENGINEERING LAND DEVELOPMENT SURVEYING
Mr. Donald A. Agatep
City of Carlsbad -2- July 3, 1972
6. Typical elevation of the proposed dwelling units and
a perspective of the proposed recreation area.
7. A detailed plan of the proposed model site area and
the recreation area included therein. All structures
and improvements shown are included in the request
for issuance of building permits for the model site
that is made a part of the Specific Plan application.
8. Typical patio covers to be permitted within the project.
9. A cross section of the proposed project and a plan
indicating the location of same.
10. A write-up explaining the project as presented in
the application for Specific Plan.
11. One reproducible and 20 prints of the Specific Plan.
The Specific Plan covers all of the property shown on the approved Master
Plan with the exception of the northernmost portion. A Specific Plan
for the development of that portion will be submitted at a later date.This portion of the property is shown on the enclosed map.
We are presently preparing the tentative map for the subject property
which will be submitted for your review by July 10, 1972.
As we have previously discussed, we are desirous of the Specific Plan
and tentative map being placed on the Planning Commission agenda for
July 25, 1972. This would allow the items to be on the docket for the
August 15, 1972 City Council meeting.
Should you have any questions or require additional information, please
contact this office.
Very truly yours,
MC CABE ENGINEERING, INC.
Gary L. McCabe
ble
cc: Mr. Howard Meister Mr. Chuck Sollazzo
Mr. Art Rosenthal Mr. Rob Wade
Mr. Darrell Dal ton Mr. Walter Wood
larwin
July 3, 1972
Planning Department
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Gentlemen:
In conjunction with the requirements established for the adoption
of our proposed specific plan, known as Larwin's Tanglewood, we
acknowledge the adoption of the following:
A. An irrevocable offer to dedicate to the City of Carlsbad
the following offsite improvements:
1. All streets
2. All alleyways
3. Pertinent easements
4. Right-of-ways
B. An offer to grant in fee that portion of the specific plan
known as "park land."
C. In support of the community growth, a donation of $56,000
to the City of Carlsbad for the acquisition of public lands
in support of the expansion of school facilities required
to support the area. This donation is made on a per/lot
basis in line with the specific plan and at the time of
final map recordation.
Sincerely,
LARWIN^S
C. D. Sollazzo
Assistant Vice President
CDS/sue
LARWIN-SAN DIEGO, INC. • 6150 MISSION GORGE ROAD, SUITE 209 • SAN DIEGO, CALIFORNIA 92120 • TELEPHONE (714) 283-6007
CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF REPORT
June 25, 1975
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
REPORT ON: SP-104(A)
CT 74-25 TIBURON
APPLICANT: LARWIN-SAN DIEGO, INC.
7801 Mission Center Court
San Diego, California 92108
I. REQUEST: The applicant is requesting approval of a tentative subdivision
map for 215 lots on 47 acres easterly of El Camino Real between Elm Avenue
and Marron Road. The proposed application is a re-submission of the
second phase of the Tiburon development (CT 72-21) which expired in
December, 1974. The City Council has also instructed staff to set
the original Specific Plan (SP-104) to public hearing for the purposes
of evaluating compliance with the provisions of SP-104. The staff
report includes an analysis of both the tentative map (CT 74-25) and
the Specific Plan Revision (SP-104-A).
II. RECOMMENDATION:
a) Specific Plan Revision (SP-104-A) - Staff recommends that City of
Carlsbad Ordinance No. 9324 (SP-104) be amended subject to the
following conditions:
1) Elm Avenue shall be dedicated and improved as follows:
(a) The Elm Avenue Right of Way as shown on SP-104(A),
Exhibit A, dated June 19, , 1975, shall be
dedicated to the City of Carlsbad prior to the recordation
of the final map for CT 74-25.
(b) Elm Avenue shall be improved so as to provide for a
42-ft. half street section where the Elm Avenue align-
ment is partly within the boundaries of SP-104(A).
Elm Avenue shall be improved so as to provide for the
full 84-ft. street section where the Elm Avenue align-
ment is completely within the boundaries of SP-104(A).
The public improvements shall include a separate bicycle
path on the northerly side in place of the required
sidewalk.
-2-
2) A realigned perpendicular intersection shall be constructed
at Appian Way and Elm Avenue. Appian Way shall be dedicated
and improved based on a 60-ft. full width within the tentative
map boundary and improved based on a 28-ft. minimum street
section south of the tentative map boundary to a point where
it conforms with the existing alignment and grade of Appian
Way. The proposed realignment and improvement shall be subject
to the approval of the City Engineer. (Aside: The above must
be altered if the Avedian property is not included in the map.)
3) Condition 16 of Ordinance No. 9324, a requirement for a pressure
reducing station shall be deleted because it was installed as
part of the improvements of Tanglewood, Phase I (CT 72-21).
4) Condition 18 of Ordinance No. 9324 shall be amended to read:
"Separate screened facilities for trailers, boats and campers
shall be provided within the second phase of the subject
development and shall be landscaped in a manner approved by
the Planning Director."
5) Private condition 22 (Elm Avenue vertical profile at El Camino
Real) shall be deleted because the condition was satisfied as
part of the improvements of Tanglewood Phase I (CT 72-21).
6) Private condition 24 shall be amended to read: "The developer
shall enter into a secured agreement with the City to furnish
a traffic signal at the intersection of Elm Avenue and El
Camino Real. The City shall make reasonable efforts to obtain
contributions for said signal from the owners of the property
adjacent to said intersection when and if said owners seek
discretionary authorization from City for development thereof.
7) Private development condition 28 shall be "added to read: "That
parcel known as the Avedian property, and shown as Parcel A
on Exhibit A, dated June 19. , 1975, shall be dedicated as
an open space/recreation area and prior to recordation of the
final subdivision map for CT 74-25.
b) Tentative Tract Map - Staff recommends that the tentative tract map
CT 74-25 be approved subject to the following conditions:
1) The Final Map shall be submitted for approval within eighteen
(18) months from the final action by the City Council on the
tentative subdivision map. The Final Map shall be in substantial
conformance of the tentative subdivision map known as Exhibit
A, dated February 3, 1975.
2) The development of the property described herein shall be subject
to the restrictions and limitations set forth herein which are in
addition to all the requirements, limitations and restrictions of
all municipal ordinance and State and Federal statutes now in
force, or which, hereafter, may be in force for the purpose
of preserving the residential characteristics of adjacent properties.
-3-
3) All public improvements shall be made in conformity to the
City of Carlsbad Engineering Design Criteria and Standard
Plans, the Subdivision Ordinance and other City Standards,
to the satisfaction of the City Engineer, without cost to
the City of Carlsbad and free of all liens and encumbrances.
4) All land and/or easements required by this Ordinance shall
be granted to the City of Carlsbad without cost to the City
and free of all liens and encumbrances.
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 a civil engineer licensed by the
State of California, and experienced in erosion control, who
shall be acceptable to the City Engineer. He shall certify
that he has investigated the site and prepared data with full
consideration of the consequences to the included and neighboring
properties and in conformance with the Geologic and Seismic
Safety Element of the General Plan.
6) All new slopes created as a result of this development shall
not exceed a 2:1 slope, as recommended by the adopted Geologic
Hazards and Seismic Safety Element or unless otherwise approved
by the City Engineer and verified by appropriate soils reports.
7) Dedications of public streets shall include a waiver of direct
access rights from lots shown on the final map as abutting
thereon, except at locations approved by the City Engineer.
8} In order to provide for reasonable fire protection during the
construction period, the subdivider shall maintain passable
vehicular access to all buildings and adequate fire hydrants
with required fire flows and dry-stand pipes shall be installed
prior to framing construction.
9) Park-In-Lieu fees shall be required for CT 74-25. Fees ($9,135.00)
shall be paid prior to recordation of the Final Map for CT 74-25.
10) Park Land/Open Space as indicated on the Master Development Plan
(MP-5), Exhibit B, dated June 19, 1975 and shown as Lot 496 on
CT 74-25, Exhibit A, dated February 3, 1975, shall be dedicated
to the City prior to recordation of the Final Map for CT 74-25.
11) The CC&R's for this development shall be submitted to the Planning
Director for review and approval prior to the approval of Final
Map.
12) An application for an amendment to the Tiburon Master Development
Plan (MP-5) shall be submitted to the City for approval within
six months of the City Council approval of CT 74-25. The master
plan amendment shall include the Avedian Parcel (4.999 acres)
and shall be designated as Park/Open Space. The density seven
dwelling units/acre may be transferred to the area designated
Area B Garden Apartments on MP-5 shown as Exhibit B, dated June
19, 1975.
-4-
13) The applicant (Larwin-San Diego) or any successor in interest
shall include the property known as the Avedian Parcel (4,999
acres) and shown as Parcel A on Exhibit A, dated February 3,
1975,within the boundaries of the Final Subdivision Map for
CT 74-25.
14) Elm Avenue shall be dedicated and improved as follows:
(a) The Elm Avenue Right of Way as shown on SP-104(A),
Exhibit A, dated June 19, , 1975, shall be
dedicated to the City of Carlsbad prior to the recordation
of the final map for CT 74-25.
(b) Elm Avenue shall be improved so as to provide for a
42-ft. half street section where the Elm Avenue align-
ment is partly within the boundaries of SP-104(A). Elm
Avenue shall be improved so as to provide for the full
84-ft. street section where the Elm Avenue alignment is
completely within the boundaries of SP-104(A). The public
improvements shall include a separate bicycle path on
the northerly side in place of the required sidewalk.
15) A realigned perpendicular intersection shall be constructed
at Appian Way and Elm Avenue. Appian Way shall be dedicated
and improved based on a 60-ft. full width within the tentative
map boundary and improved based on 28-ft. minimum street section
south of the tentative map boundary to a point where it conforms
with the existing alignment and grade of Appian Way. The
proposed realignment and improvement shall be subject to the
approval of the City Engineer. (Aside: The above must be
altered if the Avedian property is not included in the map.)
16) Alleys shall be a minimum of 28 ft. in width, and there shall
be no physical encroachments upon or over them, including but
not limited to mail boxes or utility guard rails.
17) The developer shall provide hammerhead turnarounds as approved
by the City Engineer and Fire Chief at ends of alleys.
18) The applicant shall irrigate and landscape all graded slopes
within the subdivision upon completion of grading. Irrigation
and landscaping shall be done to the satisfaction of the City
Engineer and Parks and Recreation Director.
III. BACKGROUND:
A) Location: The site is on the east side of El Camino Real between
Elm Avenue and Marron Road.
B) Legal Description: A portion of Lot "J" in Rancho Agua Hedionda
in the County of San Diego, according to partition map thereof
No. 823 filed with the San Diego County Recorder November 16, 1886
and further described in the files of the Planning Department.
-5-
C) Site Description: The site has been rough graded to accommodate
the proposed subdivision iand is devoid of natural vegetation. Only
grading to achieve final grade is necessary prior to construction.
D) Project Description: The applicant proposes to build the remainder
of the Larwin Planned Community known as Tiburon according to the
original Specific Plan. The approval of this map would enable the
construction of 203 dwelling units on the site.
E) Zoning: Subject Property: P-C
North: C-2 and R-l-10,000
South: R-l-10,000
East: R-l-7,500
West: R-l-10,000
F) Surrounding Land Use: The project is surrounded by vacant land to
the south and east, by commercial development to the north and by
the Grove Apartments to the west.
G) General Plan Recommendation: The Land Use Element of the General
Plan designates the property as Residential Medium density
(4-10 DU/acre). The applicant's proposed density for units 1 & 2
is 7 DU/acre.
H) Environmental Impact Requirements: The City Council certified an EIR
for the original project approval. Since the present application is for
the same project, and circumstances under which the project is to be
built has not changed, a new EIR is not required. Copies of the
original EIR will be made available to the Commission prior to
hearing.
I) Parks Ordinance Requirements: Condition number 5 of Ordinance
9315 (attached)5a master plan for Larwin (MP-5),required the
payment of Park-in-lieu Fees ($21,870) and the offer for dedication
of 17.1 acres for Park lands. Larwin paid $12,735 with the record-
ation of Phase I of the Specific Plan and now must pay $9,135 prior
to the recordation of Phase II (CT 74-25). In addition Larwin
must dedicate to the City the 17.1 acre parcel (lot 496 of CT 74-25)
prior to the recordation of CT 74-25).
It must be noted that the 17.1 acre park site was a requirement of the
Master Development Plan Ordinance 9315 and was a dedication over
and above the requirements of the Park Dedication Ordinance.
The Specific Plan Ordinance 9324, SP-104, (attached) required the
payment of fees prior to recordation of the final map of each unit
(condition #7). The Specific Plan Ordinance also required the dedication
of the 17.1 acre parcel (prior to occupancy of Phase B of the Master
Development Plan (condition #8). The staff now is requiring the
17.1 acre dedication prior to recordation of the final map for CT
74-25. Since the 17.1 acres is a contiguious portion of the town-
house development and is contained within the boundaries of CT 74-25
it is logical to require dedication at this time.
-6-
Since the Specific Plan was adopted, Larwin has acquired the 5-acre
parcel known as the Avedian property located northerly of the
intersection of Elm Avenue and Appian Road, parcel A on Exhibit
A, dated June 19, 1975. Staff recommends that this property be
included within the final tract map and that the applicant be
required, as a condition of tentative tract map approval, to file
an application to amend the Tiburon Master Plan and designate the Avedian
property as a park site. Staff also suggests that the density of
7 dwelling units per acre be transferred to Phase B of the Master
Development Plan (The Garden Apartments).
J) Public Facilities Policy: The City Engineering Department has
indicated that water and sewer service is available to serve the
project. A letter from the Carlsbad Unified School District has
been attached stating that school facilities will be available
also.
IV. MAJOR PLANNING CONSIDERATIONS
It is essential that the history of the Tiburon project be reviewed and
that remedies to existing problems or discrepencies be proposed as part
of the Specific Plan Review and as part of the proposed tentative
subdivision map (CT 74-25).
A) Past History:
(1) Tiburon: A tentative tract map on the subject property was
approved by City Council December 19, 1972, but Phase II was
never finaled and subsequently lapsed December, 1974. The
Phase II map was resubmitted February 3, 1975 (new file No.
CT 74-25) and first presented to the Commission on March 11,
1975. At that time the applicant requested a two-week con-
tinuance, and requested a further continuance on March 25,
1975 so as to resolve issues relating to compliance to the
adopted Specific Plan (SP-104).
The Commission heard the application on April 22, 1975. Staff's
recommendation at that point was (1) table CT 74-25 and
renotice at such time as the Elm Avenue alignment question was
resolved; and (2) set to public hearing a proposed amendment
to the City's Specific Plan No. 104 adopted for Larwin
(Tanglewood).
During the course of the hearing, it was discovered that
tabling the item and not making a decision would mean auto-
matic approval due to the time limitation on the hearing of
subdivision maps. The Commission then moved to deny the map
without prejudice.
The application was heard by the City Council on May 20, 1975.
Staff recommended that the matter be referred back to the Planning
Commission for public hearings, as prescribed by the newly
adopted subdivision ordinance #9417 (adopted April 1, 1975), to
solve the problems noted in staff's recommendations to the
Commission on April 22, 1975. The matter is now properly
-7-
before the Commission.
(2) Avedian Property: Following their acquisition of the Avedian
Property, Larwin filed an application for a change of zone
(ZC-118), a master plan (MP-123), a Specific Plan (SP-121)
and a tentative tract map (CT 73-21) on the property. During the
summer of 1973 Larwin negotiated with the City to transfer
density from the Avedian property to the Garden Apartment
area (Phase B) of the Tiburon Master Plan (MP-5). Two
letters from Larwin, dated August 22, 1973 and September 10,
1973, discussing the proposed density transfer are appended
to this report. Pursuant to the latter letter, only the Zone
Change application (AC-118) was acted upon, and was approved
by City Council October 2, 1973. The master plan, specific
plan and tentative tract map applications were withdrawn at
Larwin's request and have not been acted upon.
B) Existing Problems:
The Planning Commission now has the opportunity to compare a
project as it exists on the ground (Tanglewood, Phase I) to the
proposed project Tanglewood Phase II (CT 74-25, SP-104A). During
review of the Phase II project, several problems were noted in
Phase I. The staff also is now firm in its requirements for the
Elm Avenue alignment and improvements and is in a position to recommend
solutions to problems noted in Phase I.
(1) The staff has evaluated alternative Elm Avenue alignments and
now is requiring the Elm Alignment and improvements as shown
on the proposed tentative subdivision map (CT 74-25). The
proposed alignment is also indicated on the Specific Plan
(SP-104).
(2) The Park Site indicated on the Master Plan (MP-5) and on the
expired tentative map (CT 72-21) was not required as part of
the Phase I construction. However, the staff is now requiring
the park dedication as part of this approval.
(3) On site inspection of the grading accomplished during Phase I
(the entire site) indicates that many of bhe on-site slopes
have not been landscaped for erosion control. The Staff is
requiring that landscaping be accomplished concurrent with the
completion of final site grading (finish grade).
(4) The 24' wide alleys have caused numerous complaints. "No
Parking" restrictions have been hard to enforce and service
vehicles have experienced difficulty in getting past parked
cars or other obstructions. In addition, the alleys have been
an eyesore with their tunnel-like effect. Therefore, the
staff is requiring 28' wide alleys in Phase II of the Tanglewood
project.
(5) Screened facilities for trailers, boats and campers have not
been provided, with the result that they are currently parked
-8-
on vacant building pads. Therefore, staff is also requiring
that a screened parking facility for trailers, boats and
campers be provided within Phase II.
It was because of these problems as well as the problem of aligning
Elm Avenue, that the Council requested a review of the Specific
Plan prior to approving further development. Staff feels these
problems can be largely avoided in Phase II through adherence to the
recommended conditions of approval.
C) Park Site: The Avedian property is surrounded on three sides by
the Tiburon project; its exclusion from the proposed tract map
would potentially deny the subject development the timely use of the
proposed park land by cuttingoff the 17 acre park site to the east from
the dwelling units in the second phase. Consequently staff feels
it must be made available for use by the time the second phase be-
comes occupied.
DAA/br 6-20-75
ATTACHMENTS:
Exhibit A, dated 2-3-75, Tentative Tract Map 74-25 (bring maps from previous
Ordinance 9324, Tiburon Specific Plan hearing)
Ordinance 9315 Tiburon Master Development Plans (MP-5)
City Engineer's Report, dated June 19, 1975, Elm Avenue Alignment.
July 1, 1975
Planning Commission 1R IK IP
City of Carlsbad **"
1200 Elm Avenue
Carlsbad, Ca. 92008 JUL 2 1975
Dear Sirs: CDM Cr CARLSBAD
Banning Department
On June 29» 1975» Tiburon Carlsbad Homeowners' Association held a
closed board meeting to discuss the upcoming actions of Larwin-San
Diego, Inc. regarding SP-104 (A) and CT ?4-25.
We would like you to understand that we are basically happy with
our townhomes in Tiburon and that we are in favor of completion of our
development. However, there are definitely some areas of concern that
we would like to bring to your attention.
Cur concern is predicated on essentially two reasons. First, we
live in the completed portion of the development and are, of course,
interested in the future effect on our property values (which went
down after many of us purchased our townhomes). Secondly, our asso-
ciation will have to some day take over responsibility for maintenance
of the future units and surrounding grounds.
'de understand that little or nothing can be done about our existing
townhomes, but possibly something can be done to rectify the situation
in the future units or possibly other planned community developments in
Carlsbad.
The following is a list of "problem areas" that the Board has had
to contend with in the past yeari
1. The Planning Commission resolution number 813 stated that
rv parking was supposed to have been furnished for this
development, but we have not seen any plan which shows it
nor do we presently have separate screened facilities for
rvs.
2. The existing private walkway lighting of this development
was contracted for by a paper-formed, Larwin-controlled
homeowners' association. As a result, our association
has a ten year commitment to pay approximately $200 per
month for light fixtures installed by SDG&E. We feel that
this is a gross violation of honorable sales practices.
This contractual action was initiated by Larwin prior to
to any residents' representation on the homeowners' asso-
ciation board.
3» There is a definite need to have city engineering review
and inspection of drainage in alleys and landscaped areas.
There was water ponding in both the existing alleys and
the landscaped areas. In addition, the alleys, being pri-
vate are not subject to the same structural criteria as
public streets; but when you consider that 57 homes
are using one alley for access, shouldn't they be to
the same standards as a public street?
4. Parking is totally inadequate in our development. There
is no off-street parking provided for in the existing
unit, and only 52 spaces for 200 dwelling units in the
proposed unit. We feel that there should be at least
one off-street parking space for each townhouse proposed
or constructed in the future.
5. We presently have no means to enforce "no parking" within
the development. But we believe that by council action
"no parking" signs, furnished by the city with appropriate
municipal code wording could correct this situation.
6. Public street maintenance is presently not being attended
to by either the city or the developer. As a result,
broken glass and siltation sometimes make is hazardous,
not to mention unsightly, to drive on these streets.
So as not to sound too one-sided about Larwin as a developer, we
would like to point out that there have been many instances where they
have been extremely helpful to our association. It's just unfortunate
that Larwin does>not share our interest in the aforementioned areas and
we are compelled to come to the Planning Commission for assistance
and hopefully, solutions to our problems.
We are greatly appreciative of the interest you displayed at the
Commission meeting, June 25, 1975t an(i sincerely hope that our comments
are of value to you in your determination of the future of this develop-
ment and other developments in the city of Carlsbad.
Respectfully,
Bob Leger, Vice President
^Z^^^W^Larry Averell, Exec. V.P.
.&LA4ut£ &< /WL^<—Gery Rabe, Treasurer
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Les Samenow, Secretary
CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF BACKGROUND REPORT
TO:
FROM:
REPORT ON:
APPi-ICANT:
July 9, 1975
PLANNING COMMISSION
PLANNING DEPARTMENT
SP-104(A)
CT 74-25 TIBURON
LARWIN-SAN DIEGO, INC.
7801 MISSION CENTER CT.
SAN DIEGO, CA. 92108
I. REQUEST: The applicant is requesting approval of a tentative
subdivision map for 215 lots on 47 acres. The proposed
application i-s a re-submission of the second, phase of the
Tiburon development (CT 72-21) which expired in December,
.1974. The City Council has also instructed staff to set the
original .Specific Plan (SP-104) to public hearing for the
purposes of evaluating compliance with the provisions of
.SP-104. The Staff report includes an analysis of both the
tentative m.ap (CT 74-25) and the Specific PI an .Revision
(SP-104(A).
The applicant proposes to build the remainder of the Larwin
Planned Community known as Tiburon according to the original
Specific Plan. The approval of the proposed map in accordance
with the originial Specific Plan would enable the construction
of 203 dwelling unit on the site.
Location and Description of Property:
Easterly of El Camino Real between Elm Avenue and Marron Road.
The site has been rough graded to accommodate the proposed
subdivision and is devoid of natural vegetation. Only grading
to achieve final grade is necessary prior to construction.
Zoning: Subject Property: P-C
North: C-2 and R-l-10,000
South: R-l-10,000
East: R-l-7,500
West: R-l-10,000
Surrounding Land Use:
land to the south and
north and by the Grove
The project is surrounded by vacant
east, by commercial development to the
Apartments to the west.
D) History;
Tlburon: A tentative tract map on the subject property
was approved by City Council December 19, 1972, but
Phase II was never finaled and subsequently lapsed
December, 1974. The Phase II map was resubmitted
February 3, 1974 (new file No. CT 74-25) and first pre- '
sented to the Commission on March 11, 1975. At that
time the applicant requested a two-week continuance, and a
further continuance on March 25, 1975, to resolve issues
relating to compliance to the adopted Specific Plan (SP-
104). ,
The Commission hta^d the application on April 22, 1975.
Staff's recommendation a.t that point was (1) table CT
74-25 and renotice at'such time as the Elm Avenue align-
ment question was resolved; and (2) set to public hearing
a proposed amendment to the City's Specific Plan No. 104
adopted for Larwin (Tanglewood).
During the course of the hearing it was discovered that
tabling the item and not making a decision would mean
automatic approval due to the time limitation on the
hearing of subdivision maps. The Commission then moved to
deny the map without prejudice.
The application was heard by the Ci.ty Council on May 20, 1975
Staff recommended that the matter be referred back to the
Planning Commission for public hearings, as prescribed by
the newly adopted subdivision ordinance #9417 (adopted
April 1, 1975), to solve-the problems noted in staff's
recommendations to the Commission on April 22, 1975.
The Commission heard the Specific Plan amendment and
reheard the Tentative Tract application on June 25, 1975.
The Specific Plan amendment was adopted. During the hearing
of the tentative tract map it was discovered that the public
noticing was not complete and that consideration of both
items was illegal. These items are now back before the Comm-
ission, properly noticed.
Avedian Property: Following their acquisition of the Avedian
property, Larwin filed an application for a change of zone
(ZC 118), a Master Plan (MP-123), a Specific Plan (SP-121),
and tentative tract map (CT 73-21) on the property. During
the summer of 1973 Larwin negotiated with the City to
transfer density from the Avedian property to the Garden
Apartment area (Phase B) of the Tiburon Master Plan
(MP-5. Two letters from Larwin, dated August 22, 1973
and September 10, 1973, discussing the proposed density
transfer are appended to this report. Pursuant to the
latter letter, only the Zone Cha.nge application (ZC-118)
was acted upon, and was approved by City Council October 2,
1973. The Master Plan, Specific Plan and Tentative Tract
Map applications were withdrawn at Larwin's request and have
not been acted upon.
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E). Environmental Impact Information: Tfie City Council
certified an EIR for the original project approval.
Since the present application is for the same project,
and circumstances under which the project is to be built
has not changed, a new EIR is not required. Copies of
the original EIR will be made available to the Commission
prior to hearing.
F) General Plan Information: The Land Use Element of the
General Plan desi gnated the property as Residential
.Medium density (4-10 DU/ac). The applicant's proposed
density for units 1 and 2 is 7 DU/acre.
6) Public Facilities: The City Engineering Department has
indicated that water and sewer Service is available to
serve the project. A letter from the Carlsbad Unified
School District has been attached stating that school
facilities will be available also.
H) Parks Ordinance Requirements: Condition No. 5 of Ordinance
9315(attached), a master plan for Larwin (MP-5), required
the payment of park-in-1ieu Fees ($21,870) and the offer
for dedication of 17.1 acres for Park Lands. Larwin paid
$12,735 with the recordation of Phase I of the Specific Plan
and .now must pay $9,135 prior to the recordation of Phase
II (CT 74-25). In addition Larwin must dedicate to the City
the 17.1 acre parcel (lot 496 of CT 74-25) prior to the
recordation of CT 74-25).
It must be noted that the 17.1 acre park' site was a re-
quirement of the Master Development Plan Ordinance 9315 and
was .a dedication over and above the requirements of the
Park Dedication Ordinance. •
The Specific Plan Ordinance 9324, SP-104 (attached) required
the payment of fees prior to recordation of the final map
of each unit (Condition #7). The Specific Plan Ordinance also
required the dedication of the 17.1 acre parcel (prior to
occupancy of Phase B of the Master Development Plan
(Condition #8). The staff now is requiring the 17.1 acre
dedication prior to recordation of the final map for
CT 74-25. Since the 17.1 acres is a contiguious portion of
the townhouse development and is contained within the
boundaries of CT 74-25 it is logical to require dedication
at this time.
Since the Specific Plan was adopted, Larwin has acquired
the 5-acre parcel known as the Avedian property located
northerly of the intersection of Elm Avenue and Appian Road,
Parcel A on Exhibit A, dated June 19, 1975. Staff recommends
that this property be included within the final tract map
and that the applicant be required, as a condition of
Specific Plan approval, to file an application to amend
the Tiburon Master Plan and designate the Avedian property
as a park site. Staff also suggests that the density of
7 dwelling unts per acre be transferred to Phase B of the
Master Development Plan (The Garden Apartments).
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III. MAJOR PLANNING CONSIDERATIONS:
(1) Does the project conform to adopted City Policies and
Standards regarding public facilities?
(2) Does the project provide useable parks and open space
areas as recommended in the General Plan?
AM/vb
6-30-75
ATTACHMENTS:
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