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HomeMy WebLinkAboutSP 114; Lusk Homes; Specific Plan (SP)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 JQHiL .times in said newspaper, commencing on the......Jl7... day of .^f?! - A.D. 19 namely on the following dates: ?3 — it shooW reaflr ' NOTICE or PROPOSED ENVmONMEHTAL IMPACT REPORT BEARING wnTirir TR HEREBY GIVES that the Plannii^Cpm- missjfof thf^S of CarlsUd wm IK^^^ tS^^Zil ^=30F.M. in the Crt.^^^^ cil Chambers. ^im Avenue Carlste^^^ to consider a F»««l««^t«»«»«"**^^Tw^?S^nSh mitted by LUSK HOMES P^^'^j/^^^.td^M sides of Poinsettia Lane and east o^Carlstedf^d for a 390 unit residential development on thetoUowttg described propertr- Portions of M^^^ 4 West, S.B.M., in the City ot Carlsbad. County oi &in Diego, ^eo* Calitornia. CARLSBAD CITY PLANNING COMMISSION Pub: May 10,1913 -Ma^-lltmX Legal Decree No. 172342 Signed at Carlsbad, California this .....^1. day of -Mm. , 19 .13 I hereby declare under penalty of perjury that the foregoing is true and correct. . /^^..^yy^fy^^fi^'f:^.. ' Principal Clerk Affidavit of Publication STATE OF CALIFORNIA County of San Diego ( Patricia Manning XL J. L • XL D • • i /^i L , 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 Dlego. and State of California, and that the notice of which the annexed is a true copy, was published —SUS- times in said newspaper, commencing on the .10th May 73 day of ...y..- , A.D. 19 , namely on the following dates: NOTICE OF PUBLIC HEARHtG NOTICE IS HEREBY GIVEN that the Planning Com- mission of the City of Carlsbad, California, vrtU hold a Public Hearing on May 22, 1979, at 7:30 P.M.. in the City CouncU Chambers, 1200 Elm Ayemie, Carlsbad, California, to consider the following mat- ters: . CASE NO. SP-114 LUSK HOMES CASENO. CT-73-11 LUSK HOMES applications filed by JOHN D. tUSk *^ r^- ing adoption of a Specific Plan and cOBSi^aon of a Tentative Miip (CT 73-lt Not PubUC Hearing) to al- low the development of a 390'Uiat r^j»iaal develop- ment, generaUy located on both sides of Poinsettia Lane and east of. Carlsbad Blvd., and mo^ particu- larly described as: Portions of Section 29, Township 12 SoiitM, Range 4 West, S.B.M., in the CUy qf Carlsbad^ County of San Dlego, Stiate of California. CARLSBAD CITY. Pj^AHinNG COMMISSION Pub: May 10, 1973 ..kaj':..lo.^l9.73.. Legal Decree No. 172342 lOtk "73" Signed at Carlsbad, California this day of _ _ , 19 I hereby declare under penalty of perjury that the foregoing is true and correct. Principar Clerk Affidavit of Publication STATE OF CALIFORNIA ( County of San Diego ^ £&1feXlC.iA..Ma3SaiBg , 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 — times In said newspaper, commencing on the.....?.™... day of k]^riX , A.D. 19 J.X~, namely on the following dates: NOTICE OF PRELIMINARY f^VlSONMEMf AL IMPACT REPORT NOTICE IS HEREBY GIVEN THAT JOHNi & SON, has submitted environmental inipacHnlorma- tion to the City of Carlsbad in accordance with the Environmental Protection Ordinance of 1972 (Ord. 1150) regarding a request for A specific plan & tent, map for 390 residential units on 36.7 acres on pro- perty generally located on Iwth sides of Poinsettia Lane, east of Carlsbad Blvd. A preliminary environmental impact report has been filed with the City of Carlsbad Planning Department and will be available for public review and comment until May 5, 1973. All comments shall be submitted to the Planning Director in writing. April 26,1973 Legal Decree No. 172342 Signed at Carlsbad, California this 26.. 72 day of ^l^. _ , 19 I hereby declare under penalty of perjury that the foregoing is true and correct. ^iZ;:^;!-;!^!;^^ Principar Clerk DISTRIBUTION OF TENTATIVE SUBDIJ^iON MAPS iflkON MAPS ^ Individually-typed letters to each in 9 X 12 brown envelopes, with a folded blueline print of map (legend face up): G 0 Dr. J. B. Askew, Public Health Officer Department of Public Health Civic Center San Diego, California, 92101 San Diego Gas & Electric Company Electric Building 861 Sixth Avenue San Diego, California, 92101 Pacific Telephone and Telegraph Company Right-Of-Way Department 2436 Howard Avenue - Room 120 San Diego, California, 92103 cc: Pacific Telephone and Telegraph Co. Engineering Department 126 East Second St. - 2nd Floor Escondido, California, 92025 Dr. Howard C. Harmon, Superintendent Carlsbad Union School District 801 Pine Avenue Carlsbad, California, 92008 Mrs. Betty Wool rich. Chairman Carlsbad Parks & Recreation Commission 4150 Skyline-Road Carlsbad, California, 92008 San Diego Gas & Electric Company Customer Extension Planning 620 Mission Avenue Oceanside, Calif. 92054 Attn: Mr. Gerald Sprint Bruce Eliason Department of Fish & Game 350 Golden Shore Long Beach, California, 90802 Mr. Gary McClelland Superintendent - Richmar Union School Dist. 274 San Marcos Avenue San Marcos, California, 92069 9. Mr. D. W. Quade, Superintendent Escondido Union High School Dist. 240 South Maple Escondido, California, 92025 10. Leucadia County Water District 1959 E. Camino Real Leucadia, California, 92024 8. 6 nl Carlsbad Municipal Water Dist. 5780 El Camino Real Carlsbad, California, 92008 12. San Marcos County Water Dist. 788 West Encinitas Road San Marcos, California, 92069 13. Olivenhain Municipal Water District 1966 01ivenhain Road Encinitas, California, 92024 14. Bill Berrier, Superintendent San Dieguito Union High School District 2151 Newcastle Avenue Cardiff, California, 92007 15. James P. Johnson Encinitas Elem. School Dist. 185 Union Street Encinitas, California, 92024 15j Postmaster U.S. Post Office - Carlsbad 2772 Roosevelt Carlsbad, California 0 17.JTim Flannigan, Engineer City of Carlsbad 18J Battalion Chief Wolenchuk Carlsbad Fire Departnnent 19J Ray Green, Carlsbad Building Department <3 20j0. Arnold, City Manager City of Carlsbad. 21| John Sonnhalter Parks & Recreation Dept. Carlsbad. _do hereby state that on /y/ I did send to the above indicated agencies a Tentative Subdivision Map for application number submitted by requesting their comments be CITY OF CARLSBAD . ^ PLANNING DEPARTMENT ANALYSIS FOR May 22, 1973 TO: PLANNING COMMISSION SPECIFIC PLAN CASE NO. 114 and TENTATIVE TRACT MAP CASE NO. CT 73-11 DESCRIPTION OF APPLICATION : The applicant, John D. Lusk & Son, is requesting approval of a Specific Plan and Tentative Map to allow the development of 390 condominium units on 36.7 acres of land generally located on both sides of Poinsettia Lane between Carlsbad Blvd. and the A.T. & S.F.R.R. right-of-way. DESCRIPTION OF PROJECT : This development is located on two of the units of the Occidental Petroleum property that has already been zoned P-C and have a Master Plan approved establishing a maximum density of 34 d.u./ac. The phase south of Poinsettia Lane proposes 232 units on 17.7 acres and consists of 4-plexes arranged in clusters of 2 and 4. The phase north of Poinsettia Lane proposes 158 units on 19.01 acres and consists of townhouses in clusters of 3 to 6 units. One cen- trally located recreation area is shown in both phases. This project will be affected by the grade separation of Poinsettia Lane over the railroad and will be required to participate in the funding of same. There are two points of access into each phase. The major access to each is off Poinsettia Lane. The secondary access to each is a one-way ingress-egress point onto Carlsbad Blvd. Parking standards require a total of 756 spaces. The proposal shows a total of llll spaces. The proposal also meets the requirements of the P-C Zone, by providing 662/3% open-space. DESCRIPTION OF PROPERTY : The subject property is relatively level and does not constitute any major topographic problems. The Carlsbad State Beach is to the west of the subject property across Carlsbad Blvd.. An established mobile home park is to the north, and the Ponto industrial area is to the south. The property to the east of the railroad tracks is de- veloping as a mobile home park. SP 114 & CT 73-11 John D. Lusk & Soi^ Page 2 ZONING AND GENERAL PLAN: 1. ZONING Existing: P-C Proposed: P-C Adjacent - West: R-A-10 (State Park) North: R-1-10 (CUP) East: R-1-10 (CUP) South: C-M & M 2. GENERAL PLAN: City Council Resolution No. 1670, approved December 18, 1969, amended the existing General Plan to allow 34 dwelling units per net acre on the subject property ENVIRONMENTAL IMPACT CONSIDERATIONS : The Planning Director has found that this development might have a "significant " environmental impact, and a Final Environmental Impact Report was prepared as required by the "City of Carlsbad Environmental Protection Ordinance of 1972 (attached). RECOMMENDATIONS A, SPECIFIC PLAN CASE NO. 114: Staff recommends approval of the Specific Plan for the following reasons: 1. The 2. The No. proposal is consistent with the amended proposal complies with the requirements 9338 (Planned Community Ordinance). General Plan of Ordinance Conditions of Approval: 1. A landscape and irrigation plan shall be submitted to and approved by the Planning Director, and all approved landscaping shall be installed, prior to occupancy. 2. The location of all buildings, roadways, parking areas, open areas, and other facilities or features, shall be located substantially as shown on the plan labeled "Exhibit A". 3. Plans for the earthen berm and landscaping along the railroad right-of-way shall be submitted to and approved by the Planning Director prior to the issuance of building permits. 4. Elevations showing the architectural treatment of the proposed units shall be submitted to and approved by the Planning Director prior to the issuance of building permits. sp-n4 & CT ;3-i John D, Lusk & Sons Page 3. 5. Prior to the issuance of any permits, the applicant shall enter into a mutually acceptable agreement with the Carlsbad Unified School District to provide for future school requirements that will result from the proposed development. 6. Prior to obtaining building permits and within 30 days of the date of approval, the applicant shall file with the Secretary of the Planning Commission, written acceptance of the conditions stated herein. 7. Compliance with and execution of all conditions listed hereon shall be necessary prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning Director. B. TENTATIVE TRACT MAP CASE NO. CT 73-11 Staff recommends approval of the Tentative Map subject to the following conditions: 1. On-site fire hydrants and fire protection appurtenances shall be constructed in accordance with Fire Department requirements. 2. Fire access and turnarounds shall be provided per Fire Department requirements. 3. All public improvements shall be designed in accordance with the City of Carlsbad Engineering Design Criteria. 4. The design and construction of all private streets including turnarounds shall be subject to the approval of the City Engineer. 5. Vehicular access rights to Poinsettia Lane and Carlsbad Blvd. shall be dedicated to the City, except at driveways shown on the approved Specific Plan. 6. The location of sev/er lines within the AT&SF Railroad right-of-way as shown is not approved and shall be subject to approval by the City Engineer. 7. Construction of full half street public improvements is required along Carlsbad Blvd. at developers expense. 8. Construction of full public improvements is required along Poinsettia Lane west of the AT&SF right-of-way, all at developers expense. 9. A fully activated traffic signal is required at the intersection of Carlsbad Blvd. and Poinsettia Lane, including intersection construction with left turn storage lanes, all at developers expense. 10. All public sewer and storm drain structures shall be provided with paved vehicular access. SP-114 & CT 73-11 John D. Lusk & .jons Page 4. 11. Slope easement for the proposed Poinsettia Bridge over the AT&SF Railroad right-of-way shall be dedicated to the City. 12. The applicant shall comply with the requirement of Ordinance No. 9190 (Parks) prior to recording of Final Map. 13. Street trees and street tree easements shall be provided per Parks and Recreation Department requirements. 14. This development shall meet all of the requirements of the Department of Public Health. 15. All utilities, including provisions for Cable TV shall be placed underground. 16. This development shall conform to the rules and regulations of the Carlsbad Municipal Water District. 17. Prior to the issuance of any permits, the applicant shall enter into a mutually acceptable agreement with the Carlsbad Unified School District to provide for future school requirements that will result from the proposed development. Respectfully submitted. MICHAEL C. ZPMER Assistant Pranner CITY OF ,j CARLSBAD ENVIRONMENTAL IMPACT REPORT FOR CASAS DE LAS POINSETTIAS April 24, 1973 TO: PLANNING COMMISSION SUBJECT: FINAL ENVIRONMENTAL IMPACT REPORT No. 136 BACKGROUND INFORMATION: The City of Carlsbad established the Planned Community on the subject property in December 18, 1969 , by City Council Resolution No. and Planning Commission Resolution No. 1670. The application was submitted by the H.B. Development Corp., and has subsequently been purchased by the Occidental Petroleum Land and Development Corporation. FINAL REPORT: 1. Project Description The concept employed by the original applicant was to create a medium density (10 d.u./ac.) r'esidential development which would employ the design concepts of the Planned Community Zone. Included within the 368 acre development is provision for multiple family (condominiums), single family (townhouses), mobile homes, adjacent community level commercial facilities, recreation, and school sites. Casas de las Poinsettias is adhering to the adopted design concepts and has recently completed the 1st phase of a mobile home park (Lake Shore Gardens). Additional information on the project is contained on pages 1-7 of the subject draft environmental impact report. 2. Environmental Setting Without the Project The information contained in the draft EIR provides an adequate description of the present environmental setting for the purposes of this report. (See Pgs. 10-15 of the draft EIR.) 3. Identify Environmental Impacts The draft EIR (Pg. 16) has identified the major impacts of the proposed action. However, any discussion of potential economic .Final EIR/Poinsettia'^ ^ April 19, 1973 Page 2 impacts is left completely to one's imagination. The report states that the subject property is conducive to agriculture,specifically to flower cultivation. The implication that the proposed development "constitutes a useful and desireable application of land use" for the site since the site was 1imited to serve only as a flower field in the past. The requirements oh public service, commercial service and pro- fessional/personal service are nil until the land is used for resi- dential purposes. The location of the site is approximately 2.5 miles from the nearest available service area. Therefore, service provisions are dependent upon when the community center facilities can be con- structed proportionate to the development of residential units. Occi- dental Petroleum is constructing sewer, water, storm drain and circu- lation facilities concurrently with development. Expenditure of public monies then will be minimal. Occidental, as part of the Master Plan, is also making provision for school sites, but not for facility construction. An expenditure of public funds then would be required. The Carlsbad Unified School District does not have, at the present time, the ability to construct facilities. Economic considerations, therefore were not considered in depth, but it can be assumed that the economic impact of any development will be substantial, especially if the area to be developed does not currently have the facilities to satisfy the public service demand. Agricultural land uses have minimal service demands. On the other hand, assessment practices place a value on land which is disproportionate to the ability of the property to generate income. In this instance, the zone (P-C) is currently given to the property available for development, and therefore, value (taxes) com- pared to income (agriculture) is disproportionate and the pressure of development is high. Premature development may then occur because of land value forcing development without necessary public facilities being available simultaneously. A potential mitigation of the fore- mentioned disparity would be the use of the "Williamson Act" (Agri- cultural Preserve) or Open Space and Agricultural Zoning Districts. The City does not currently have provisions to use these alternatives but they are scheduled to be included as part of the Open Space and Con- servation Element of the General Plan. By using these tools, the assessment of land value then must, by State Law, be based upon the ability of land to generate income under reasonable restriction. 4. Alternatives to the Proposed Action The draft EIR (Pgs. 29-30) proposed several alternatives which are viable. The previous discussion of mitigation which identifies another alternative, that of agricultural zoning, etc. 5. The Relationship Between Local Short-term Uses and the Maintenance and Enhancement of Long-term Environmental Productivity The absolute relationship is one of economic cost in terms of public service and facility (long-term) as opposed to gain if achieved by development (short-term). Additional relationships are developed by the draft report on Pg. 31. •Final EIR/Poinsfttiar April 19, li;73 Page 3 If development occurrs without substantial consideration for the preservation of the natural or man induced (agricultural) resources, the absolute choice of alternative courses of action by future gen- erations would be reduced. 6. Irreversible Environmental Changes Which Would Be Involved in the Proposed Action Should It Be Implemented. Ref. Pg. 31 of draft EIR. 7. Growth Inducing Impacts of the Proposed Activity Upon the Neighborhood and/or Community The report states the activity will "enhance economic activity" and "create and expand existing markets." is an economic determinant. This "bigger-better" theory is not realistic, especially if it places disproportionate demands on service capacities, or forces land values to demand development of rural areas. Additional discussion occurrs on Pg. 21 of the draft EIR. 8. Agencies and Persons Consulted The following agencies and persons were invited to review and comment of the draft EIR. Their comments are included for your review. 1. Mr. Philip Stanbro (Environmental Consultant) 2. U.S. Army Corps of Engineers - South Pacific Division Mr. Levenson and Mr. Speer 3. County of San Diego Snaitation & Flood Control District 4. San Diego Comprehensive Planning Organization (CPO) 5. Integrated Regional Environmental Management Project (IREM) CONCLUSIONS: The Draft EIR is adequate and satisfies the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972. The inclusion of this analysis constitutes the Final EIR. Understanding that this report addresses the entire 368 acre project in general terms, additional information will be necessary to adequately assess individual projects and their impacts. As each phase of the project is submitted to the City, specific considerations will be given to schools, public services, design, etc. as they relate to this Final Environmental Impact Report. DJ'NTU.D A. AGATEP Planning Director CITY OF CARLSBAD APPLICATION FOR ADOPTION OF SPECIFIC OR MASTER PLAN DATE: SPECIFIC PLAN NO. FILING FEE RECEIPT H0.S'.^^4' (for official us( 1? « * 1! 5? St •x s * 5t 5? * * sr-Tt « if ' » « »' •» A REQUEST IS HEREBY MADE TO ADOPT A Specific Plan (Specific or Master Plan) FOR PROPERTY DESCRIBED AS: (exact legal description) Portions of Section 29, Township 12 South/ Range 4 West, S.B.M. per attached Preliminary Title Report Nxunber 943758 II, THE PROPERTY DESCRIBED HEREIN IS ADDRESSED AS Carlsbad Boulevard at Pointsettia AND IS LOCATED ON THE North SIDE OF Ponto Drive (North, South, East, West) BETWEEN Carlsbad Boulevard (Name of Street) (Name of Street) San Diego Freeway (Interstate 5) (Name of Street) ( I, We) _The undersigned state that ( I AM, WE ARE ) the yice-Pres. for the pf the property described herein and hereby "(Owner/Owners) owners give my (My, Our) Name : Johii_p. Lusk & Son _authorization to the filing of this application; (Type Signature:^ nted asshom.,on Recorded Deed) D ./'SSgff^^Br^^, Vice-President Name: ( Typed or Printed as shown on Recorded Deed) Signature: Name: TTypcd or Printed as shown on Recorded Deedy Signature: Name: (Typed or Printed as snov/n on Recorded Deed) Siqnature: Soecif ic/Master Plan AP'^I ication Page Two III. EXISTING ZONE OF SUBJECT PROPERTY HAS A MASTER PLAN BEEN APPROVED? P.C. Yes. Yes, DATE: No. OWNER AND/OR OWNER'S AUTHORIZED AGENT AFFIDAVIT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SS CITY OF ) Is (we), ^ Donald D. Steffensen (name') declare to the best of my (my, our ) ~ and correct under the penalty of purjury: EXECUTED AT Carlsbad, ^being duly sworn depose and knowledge that the foregoing is true DATE (cityr April California (State) 2, 1973 ("Month) (Day) (Year) APPLICANT, OWNER AND/OR OWNER'S AUTHORIZED AGENT: Donald D. Steffensen, Vice-Presi- (Print Name) dent ISi re 17550 Gillette Avenue (P.O. Box (Mailing Address) 2140) Newport Beach, California 92663 (City and State) ( 714 ) 557-8220 W) (Area Code) (Telephone Number) SUBSCRIBED AND SWORN TO BEFORE ME THIS JZ ^ DAY OF y^Pz-J/- /fZ3 (W)tary PuFTTcj OFFICIAL SEAL MARGARET E. ADAMS tmmi PUBUC-CALIFORNIA PRINCIPAL OFFICE IN