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HomeMy WebLinkAboutSP 119; Spanish Village No. 2; Specific Plan (SP)Affidavit of Publication STATE OF CALIFORNIA County of San Oiego ( £atrijaj,a..Manni ng , says that she is the Principal Cleric 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.....H..... day of July. A.D. 19 ....7^, namely on the following dates: NOTICE OF PRItiMINARY EimRONMElff Al;Tlifl?ACT RETORT NOTICE ISaSRESy dWEN , meotal iih^aiil, > the C^t7ofCarlMl1Msu»l(tr(t> > ance Ihe EstrlrittiQeiiat Protecttijn OriiWtetM , (Ord. 1150) reading a re- quest fOT Sp^& P&» ind consideration of a TenUttive Map m iJtop^tj jwiepally loi-cated on the isast sldte pif tl Camino Real betweenOlivwi- halh l^oad and ^ Cdsta Ave- nne. A jjrelliatoary wwit-oi- meidial lmpictrep(Drtlia8l)^n filed with the City of Cartii hid Pl^ag Dej^meM aod will be mllnWe for pSIiiSk review and commertunHWuly 191, 1973. AO eoinnwati 1^ be sabmitti?!d to the Planning Director In WrMng;. CARfcSBAD CITY PLANNINGOftltelON Date:'July 9,1973 Pub: July 12,1973 July 12,1973 Legal Decree No* 172342 Signed at Carlsbad, California this day of ....I^.. , 19 11 I hereby declare under penalty of per{ury that the foregoing is true and correct. Principal Clerk • # Affidavit of Publication STATE OF CALIFORNIA County of San Diego j .Pa.tri.9ia..ilamiag , says that she is the Principal Clerk of The Carisbad 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 .<I.llx , A.D. 19 ...'^5., namely on the following dates: macp OF HioposED mmmimm&L IMPACT . .. wmm mmtG ymm Mi M, 1973, 7:30 In the Gity Council GhiJjihSR?. i2W fiitt Avemie, s ^fiallnviroWis^ inptc^ ' by perty locatM wa the east side of El Catoino Real ,|>ft«Mr^i^^^ and La €081* Avrarae fbr a ll| i!«t;«MKk)ml*iTO developnent on the following Sictton 35 * 36;ToTOship ll South, Rmg 4 wwt, and Portion of Section 2, fownsWp 18 South, Rug« 4 Wed, S.B.M., City of Carlsbad, County of S^IHegD, Stitfe of CalUomia. CARLSBAD CrrY PLANNING 0MMISSION PI*: July 12,1973 JF^r-fi^f Jiily 12,1973 Legal Decree No. 172342 Signed at Carlsbad, California this JLZ day of , 19 11 I hereby declare under penalty of perjury that the foregoing is true and correct. l&.iu.Uay...l2^!^...(!^L.<y^.:k^^ Pri^ipal Clerk r Affidavit of Publication STATE OF CALIFORNIA County of San Diego ss. _ J?.aJl£ifiiA...ManjaiB« , 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 --Qmr f'^ies >" newspaper, commencing on the......22-.- day of ^.^I. , A.D. 19 ....73, namely on the following dates: NOTICE OF PUBLIC HEARING N0TICEJ9 ft^EBY GIveN thaithf PI»BI^Com- missbii of thi^ Clti^^ C^^E^^^ a PnMi^ Hearb% m JNily ^ 1973^^ in the forhia, to ixihS CASE NO^JlJtB^ COSTA LA»D COMPANY CA^ ilp. CT 73-20 LA CC^TA L#ID COMPANY (NbtiWlc Hearing) an>lieatibns tiled by La Coi$ta L»nd Company re- questlhg Adi^ibq of a Specific Plan tfinl Considera- tion of a Tents^ive Map to allow the development of 816 condominium units on- pit>{iaty located on the east side of El Camino Real betf6«i Olivenhain Read and M Costa Avenue, and more parUcubrly describ- edas:' Portion Section 3S & 36, Township 12 South, Range i Vesi, iuA Portion of Section 2, Toisi^p 13 i5(rath. Range 4 West, S B.if., Cfiy of Carlsi»d> Cotmty of San Diego, State of Cali^mk. Those persons desiring to corameit on this pro- posed Specific Plan are cordially in^ed to attend the Public Hearing. . CARLSBAD CFTY PLANNING COMMISSION Pub: July 12,1973. .Jaljr..2£,15.?3.. Signed at Carlsbad, California this .12 day of , 19 11 \ hereby declare under penalty of perjury that the foregoing is true and correct. l^^f^Il%:^..(^.if;.U...^?2^..y?..u^^ Princip^ Clerk Legal Decree No. 172342 CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT FOR SEPTEMBER 25, 1973 TO: PLANNING COMMISSION REPORT ON: CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT CONSIDERATION OF SPECIFIC PLAN CONSIDERATION OF TENTATIVE MAP. CASE NOS: EIS-167 SP-119 CT 73-20 APPLICANT: B. K. KRAMER, FOR, LA COSTA LAND COMPANY Costa Del Mar Road Carlsbad, California I. GENERAL INFORMATION A. Background: These items have been continued on several occasions at the request of the applicant, to permit a revision of the proposed development. Said revisions have been completed and a revised development plan has been submitted. As Tentative Map No. 72-24, the Planning Commission and City Council did, in late 1972 and early 1973, approve the development of a 140 acre parcel in the La Costa area. As a part of that approval, a 36 acre single-family development known as Spanish Village Unit No. 1 was approved with a total of 130 lots. The actual development is occuring at a total of 107 lots. The applicant is now requesting to develop the second phase of the overall development consisting of two units with a total of 1026 d.u. Said phase, containing approximately 96 acres, located southerly of and adjacent to La Costa Avenue, immediately westerly present westerly most extension of Levante Street. Said property, irregular in shape, does have a small frontage of approx. 606 ft. IS of the somewhat on El Camino Real B. Request: That the Planning Commission recommend approval to the City Council of an E.I.R., Specific Plan for a 26 lot condominium development with a lot of 1026 d.u. and a Tentative Map with 28 lots on a portion of S.35 $ 36, T125, R4W, and S2, T13S R4W, San Bernardino Meridian, City of Carlsbad. C, Zoning and General Plan 1, Zoning: Existing: Proposed: P-C P-C (S.P, & T.M.) Adjacent: North: P-C East: R-2, RD-M & P-C South: County A-1-(8) West: C-2 & County A-1(8) 2- General Plan: The La Costa Master Plan as approved by Planning Commission Resolution 808 and City Council Resolution 2058 & Ordinance 9322, indicates a majority of the property to be potential medium high density residential with a maximum of 14 d.u. per acre. A small portion adjacent to El Camino Real is indicated to be potential high density residential with 20 d.u. per acre. In addition, an elementary school site and park site are indicated on the subject property. The proposed density of 14 d.u./net acre in the medium high density area and the 20 d.u./net acre in the high density area does conform to the La Costa Master Plan. II: CONSIDERATION OF E.I.R. NO. 167 A. Summary: The draft EIR was received May 8, 1973. A letter was sent by staff to the Applicant's consultant indicating certain deficiencies. An amendment letter providing additional information was presented in June. The final draft EIR should be considered to include both these items. In that the immediate indicated development is the preparation of the land for sale as condominium lots with the potential number of units, staff can not evaluate the ultimate project in terms of the total effects on the environment. Therefore, it is recommended that the environmental consideration be divided into two stages. At this time, as many environmental considerations as possible should be completed. As each lot developes in the future, the specific impacts of the precise de- velopment be presented as an amendment at that time. The draft EIR, as amended, does adequately express the full range of environmental impacts as can be possibly known at this stage. Any concern expressed by staff in the specific discussion wtll be with regard to the matter of emphasis or future elaboration rather than completely rewriting the draft EIR. In reviewing the draft EIR, the relevant issues that should be kept in mind are: 1. The impacts of the development in terms of grading and drainage. 2. The mitigating measures proposed to preserve the sites between its initial preparation and the specific development. 3. The development, in terms of street and pad locations, did receive an approval as a part of the consideration of Spanish Village Unit No. 1 (CT 72-24), Therefore, in terms of drainage and public utilities, the two developments are dependent upon each other. B. Corrections: The applicant has revised the draft EIR to include the Amendment letter and the changes that resulted from the revised development plan. The staff's evaluation will be on the basis of the revised draft EIR. C. Acceptability of Draft Report: The draft, as amended, titled "Spanish Village West , proposed by the La Costa Land Company and prepared by Rick Engineering Company, was accepted by the Planning Director as a preliminary EIR. This report was forwarded to the following agencies for comments: 1. Department of Agriculture. 2. L.A.F.C.O. 3. County of San Diego Parks and Recreation Dept. -3- 4. Comprehensive Planning Organization 5. State of California, Dept. of Fish and Game 6. San Diego County Air Pollution Control District 7. San Diego County Sanitation and Flood Control. No written response has been received. ^- Final E.I.R.: The final EIR will include the draft EIR as amended and the staff comments below. Rather than repeating the information contained in the draft EIR, staff will only commend to enlarge upon or to correct the draft EIR as amended. 1. Project: The total number of condominium units proposed in the project is 1026 on a total of 96 gross acres. The overall gross density is 10.68 d.u. 2. The Environmental Setting: The environmental survey for the total La Costa area should be utilized as a part of this consideration. 3. Mitigation Measures: The mitigating measures should have included the immediate landscaping and all irrigation of all slopes created to guarantee their preservation. In addition, wherever possible, all slopes of 25% or greater could have been preserved. The movement of dirt has been somewhat reduced as a result of the revised plan. 4. Alternatives: The potential alternatives are limited for the parcel in that a previous commitment for the extension of Levante Street and Anillo Way, require that a majority of the grading proposed to be done whether the indicated Unit 2 is developed or not. Therefore, the potential lot layout is limited. However, this does not limit the range of densities within the established lot pattern. In that the previously approved La Costa Master Plan has further invited the land use alternatives to residential and specific densities, even the densities possible are limited. E. Staff Recommendation on the E.I.R, 1. That the Planning Commission recommend to the City Council that the Final EIR BE APPROVED to include: a. the amended draft EIR b. Any response received from those agencies notified. c. Any public input received as a part of the public hearing held regarding this EIR Justification is based upon: a. In that a land sales program is proposed, the development to occur is only estimated, these materials do adequately express the total effect of the proposed development on the environment-. 2. That the Planning Commission require that an amendment to this final EIR be provided for each lot when the precise development has been de- term in ted. III. CONSIDERATION OF SPECIFIC PLAN NO. SP-119 A. Description of Project: The applicant is proposing to develope the subject property into a 28 lot subdivision with the lots to be sold for future development. The subdivision will contain a total of 85.7 net acres and will consist of 25 residential lots, ^ 10 acre site to be reserved for a school site and a 4.9 acre park site. In addition, easements consisting of an 16.8 acre open space easement to the City and a 2.5 acre easement to S.D.G. & E. are proposed. Access is proposed to be provided by extending Anillo Way and Levante Street through the property to intersect with El Camino Real. Anillo Way is proposed to have a 60 ft. right of way and Levante Street a 60 ft. right of way until it intersects with Anillo Way, when it will widen to 84 ft. right of way to El Camino Real. The indicated densities on the proposed lots are as follows: ACREAGE DENSITY LOTS GROSS NET GROSS NET TOTAL UNITS 108 2.2 2.2 20 d,u. 20 d.u. 44 109 2.1 1.7 16,19 20 " 34 110 2.4 1.7 14,16 20 34 111 3.3 2.6 11,03 14 36 112 2.1 2.1 14. 14 29 113 2.7 1.9 9.96 14 26 114 1.7 1.7 14 14 23 115 2.2 2.2 14 14 30 116 1.6 1.6 14 14 22 117 3.1 3.1 14 14 43 118 1.5 1.5 14 14 21 119 3.2 3,2 14 14 44 120 5.3 5,3 14 14 74 121 2.3 2,3 14 14 32 122 7.0 7.0 14 14 98 123 1.3 1.3 14 14 18 124 1.4 1.4 14 14 19 125 9.0 9.0 14 14 126 126 127 128 129 130 131 132 133 7.4 1.9 1.4 1.1 1.5 2.3 1.8 1.4 7.4 1.9 1.4 1.1 1.5 2.3 1.8 1,4 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 103 26 19 15 21 32 25 19 Subtotals: 73.20 Gross Acres 70.60 Net Acres 14,01 D,U, 14 .53 d.u. * 1026 d.u. School Site 17.32 Ac. (Lot 134 10.00 ac. N/A N/A N/A Park Site ( Lot 135) 5.48 Ac. 4.9 Ac. N/A N/A N/A Public Streets N/A 10.50 AC. II II TOTALS 96 Acres 85,50 Acres 10,68 d.u. 12.0 d.u. * 1026 D * Due to Lot configuration and Ordinance requirements, the decimal place units have been removed. Thus, the total units would be reduced to approx. 1013 d.u. for the proposed lot configuration. B. Staff Recommendation: That the Planning Commission recommend to the City Council that the Specific Plan BE APPROVED . Justification is based upon: 1. Conformance of the Plan to the General Plan commitment as established by the La Costa Master Plan. 2. Conformance of plan to zoning ordinance considerations for property located in the P-C Zone District. 3. The size and location of the subject property is considered to be sufficient for the proposed development. C. Conditions of Approval: Any approval should be subject to the following conditions: 1. The approval of Specific Plan is granted for the land described in the application and any attachments thereto, and as shown on the plot plan submitted labeled Final Revised Exhibit A, dated Sept. 17, 1973. The location of all buildings, fences, signs, roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on the plot plan labeled Final Revised Exhibit A, dated Sept. 17, 1973, except or unless indicated otherwise herein. 2. Prior to the development of lots 108-135, a specific plan of the pro- posed development shall be submitted to the Planning Commission and City Council for consideration and approval. 3. Prior to the issuance of any permits on lots 108-133, a tentative map shall be submitted to the City for consideration and approval. 4. Any minor change may be approved by the Planning Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 5. All requirements of any law, ordinance or regulation of the STate of California, City of Carlsbad, and any other governmental entity, shall be complied with. 6. No signs or advertising of any type whatsoever shall be erected or installed until plans therefore have been approved by the City of CArlsbad. 7. Prior to obtaining any permits, and within 30 days hereof, the applicant shall file with the Secretary of the Planning Commission written acceptance of the conditions stated herein. 8. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning Director. 9. A detailed landscape and sprinkler plan prepared by a landscape architect shall be submitted to the Planning Director for consideration and approval. Said plan shall be for all slope areas within the development. 10. Prior to inspection clearance, all landscaping shall be installed. Said landscaping shall, at all times, be maintained in a manner acceptable to the Planning Director. 11. All utilities, including electrical, telephone and cable television, shall be installed underground and/or shall be completely concealed from view. 12. 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. 13. Prior to the issuance of any permits, the applicant shall enter into a mutually acceptable agreement with Encinitas Union and San Dieguito Union High School Districts to provide for future school requirements that will result from the proposed development. IV. CONSIDERATION OF TENTATIVE MAP NO. CT 73-20 A, Tentative Map : A total of 28 lots are proposed. Lots 134 & 135 are indicated to be utilized for a school site and park site respectfully. As the Commission is aware, the City and representatives of La Costa have been meeting to resolve the parks allocation for the total La Costa area. As a result of this study, it may be that Lot 135 will not be needed for a park site. It is recommended that an option be provided to permit the resolution of this requirement before recordation of the final map on Unit One of this subdivision. The applicant indicates that the subdivision will be developed into two units with 893 d.u. in the first unit (indicated as Unit No. 2) and 113 d.u. in the second unit (indicated as Unit No. 3). -7- B. Staff Recommentation: That it be moved that the Planning Commission re- commend to the City Council that CT 73-20 BE APPROVED subject to the conditions outlined below. Justification is based upon: 1. Conformance of the tentative map to the La Costa Master Plan. 2. Conformance of the tentative map to all municipal codes and the State of California Subdivision Map Act. C. Conditions of Approval: Any approval should be subject to the following conditions: 1. Prior to the recordation of the final map on Unit No. 2, either one of the following shall be accomplished: (a) The City Council shall have considered and approved the parks program for the La Costa area and all required parks have been dedicated to the City to meet the Parks Ordinance requirements for all proposed development in that area covered by the La Costa Master Plan. (b) Lot 135 shall be dedicated to the City of Carlsbad for park purposes. 2. The open space easement indicated on lots 119, 120, 122, 125 and 126 shall be dedicated to the City of Carlsbad. 3. The applicant shall install a fully actuated traffic signal at the proposed intersection of Levante Street and El Camino Real, in a manner acceptable to the City Engineer. 4. El Camino Real shall be dedicated and improved on the basis of 126 ft. right-of-way to City standards and specifications. 5. La Costa Avenue shall be improved in a manner acceptable to the City Engineer. 6. Prior to the issuance of any permits, the total property shall be annexed to the Leucadia County Water District. 7. 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 ordinances 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. 8. The C. C. & R's for this development shall be submitted to the Planning Director for review and approval prior to the issuance of any building permits. 9. The developer shall enter into a mutually acceptable agreement with the Encinitas Union and San Dieguito Union School District to provide for future school requirements that will result from the proposed de- velopment. -8- 10. All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the Sub- division 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. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 11. All utilities, including provisions for cable TV shall be placed underground and/or shall be completely concealed from view. 12. Ornamental street lighting shall be provided for as required by Municipal Ordinance Code. The developer shall post a bond in the amount necessary to energize said street lights for an eighteen month period after construction to permit the incorporation of the subdivision into a maintenance district. 13. Complete plans and specifications shall be submitted as required for checking and approval, before construction of any improvements is commenced. The subdivider shall submit the original drawings revised to reflect as-built conditions, prior to acceptance of the subdivision improvements by the City. 14. All land/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. 15. All facilities provided to adequately control drainage on the subject property shall be maintained by the property owner(s) in perpetuity. 15. The subdivider shall dedicate to the public, all rights of ingress and egress from lots abutting upon restricted access streets and roads over and across the lines of said lots abutting said streets and roads. This dedication shall be so designated on the certificate sheet of the Final Map with the intent that the owners of said lots will have no rights of access whatsoever to said streets and roads. The words "access rights dedicated to the City" shall be lettered along the road adjacent to the lots affected on the map proper. This requirement shall apply to Lot 108-110 along El Camino Real, and lots adjacent to La Costa Avenue. 17. Street names shall be subject to approval and shall be designated in accordance with the standards and policies adopted by the Planning Commission on file in the Planning Department. Said names shall be approved by the Planning Director prior to recordation of the Final Map. 18. If required by the City Engineering Office, the improvement plans shall include a report of a geological investigation and a complete grading plan of the entire site. The report and plan shall be prepared by Civil Engineers licensed by the State of California, and experienced in erosion control, who shall be acceptable to the City Engineer, and they shall certify that they have investigated the site and prepared data with full consideration of the consequences to be included and neighboring properties. ATTACHED MATERIALS: In addition to area maps, please find attached the foilowing: 1. Letter from P. Duvel, Leucadia Co. Water District. 2. Letter from A.M. Reilly - Olivenhain Municipal Water District. 3. Two letters from W. A. Berrier - San Dieguito Union High School 4. Letter from J. B. Askew-Director of Public Health. CITY OF CARLSBAD APPLICATION FOR ADOPTION OF SPECIFIC OR MASTER PLAN DATE: SPECIFIC PLAN NO. S/^ //9 FILING FEE RECEIPT N0.__ MASTER PLAN NO. (for official use) ^ 5?^ ?e 5f 5t * * * « •>: * tt « ?f * « * « St K— * * *- I. A REQUEST IS HEREBY MADE TO ADOPT A Specific Plan (Specific or Master Plan) FOR PROPERTY DESCRIBED AS: (exact legal description) Portion Section 35 and 36, Township 12 South, Range 4 West and Portion of Section 2, Township 13 South, Range 4 West, S.B.M., City of Carlsbad, County of San Diego, State of California. THE PROPERTY DESCRIBED HEREIN IS ADDRESSED AS On El Camino Real AND IS LOCATED ON THE East (North, South, East, West) SIDE OF ^1 Camino Real BETWEEN Olivenhain AND (Name of Street) (Name of Street) La Costa Avenue (Name of Street) II. \ The undersigned state that ^ ^ ( I, We) ( I AM, WE ARE ) the agent for the owners of the property described herein and hereby (Owner/Owners) give my authorization to the filing of this application: (My, Our) Name : Costa Land Company (Typed or,_Printed as shown on Recorded Deed) Signature: K^^^u^J^^ Ko^iUM^ Name: Burton L. Kramer, Vice-President ( Typed or Printed as shown on Recorded Deed) Signature: Name: (Typed or Printed as shown on Recorded Deed) Signature: Name: "(Typed or Printed as 3.nov;n on Recorded Deed) Sinnaturo: Specific/Mastsr Plan AP'-^Iication Page Two III, EXISTING ZONE OF SUBJECT PROPERTY HAS A MASTER PLAN BEEN APPROVED? P.C, Yes. XX No. DATE:June 27, 1972 OWNER AND/OR OWNER'S AUTHORIZED AGENT AFFIDAVIT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) CITY OF Carlsbad ) SS 15 (we). Burton L. Kramer my (name) declare to the best of (my, our ) and correct under the penalty of purjury: _being duly sworn depose and ^knowledge that the foregoing is true EXECUTED AT DATE Carlsbad, California (City) ('f4nnth)\ (Month )^ (Day) APPLICANT, OWNER AND/OR OWNER'S AUTHORIZED AGENT: (State) (Year) La Costa Land Company BY: Burton L. Kramer, Vice-President (Print Name) (STgnaturel Costa Del Mar Road (Mailing Address) SUBSCRIBED AND SWORN TO BEFORE ME THIS 3rd Carlsbad, California 92008 (City and State) (Zip) ( 714 ) 729-9111 (Area Code) (Telephone Number) ^DAY OF May Sondra K. Muter (Notary PiTFTTcy OFFICIAL. SEAL SONDRA K. MUTER NOTARV PUBUC CAUFORNIA "^ PRINCIPAL OFFICE .N SAN DIEGO COUNTY Mv CommissionExp^^