HomeMy WebLinkAboutSP 122A; Casas De Las Poinsettias; Specific Plan (SP)Affidavit of Publicati ic
STATE OF CALIFORNIA
County of San Diego ss.
DEBORAH NELSON . , 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 —1 .times in said newspaper, commencing on the....l5._.
day of May _ , A.D. 19 7.5~, namely on the following dates:
NOTICE OF PUBLIC HEARING
Re: Specific Plan Amendment
NOTICE IS HEREBY GIVEN that the Planning Department of the City
of Carlsbad will bold a Public Hearing on Tuesday, May 27,1975 at 7:30
P.M. In the Council Chembers, 1200 Elm Avenue. Carlsbad, California to
consider a Specific Plan Amendment (SP-122-AI of Title 21 of the
Municipal Code of the City of Carlsbad to:
Allow reduction in lake area and change architectural design
on property located on the south side of Poinsettia between Lagoon
Lane and 1-5, and more particularly described as:
Lot 1 through 16, Lot 18 through 170 and 172 through 308 of
Carlsbad Tract 73-24 in the City of Carlsbad, California, and
more particularly described in the files of the City Planning
Department.
Those persons wishing to spealc on this proposal are cordially invited to
attend the public hearing. If you have any questions, please call 729-1181
and ask forthe Planning Department.
APPLICANT: COVINGTON BROTHERS
Published: May IS, 1975
CITY OF CARLSpAD PLANNING COMMISSION
No. 1546
my...l5_»..J,9_75.
R-1-7S00
SUBJECT
PROPERTY
PROPOSED COUNTY PARK
BATIQUITOS LAGOON
Legal Decree Ho. S 72342
Signed at Carlsbad, California this .1.5.
day of Max.... _. , 19 75..
I hereby declare under penalty of perjury
that +he foregoing is true and correct.
Principal Clerk
# #
Project description: Covington Brothers' proposed townhouse
community is located on parcel 2 of Occidental Petroleum
Land and Development's Casas de las Poinsettias Planned
Community. Parcel 2 is located in the southeast quadrant of
that project and covers a total of 5 7+ acres.1
The project is bordered on the west by the San Diego Freeway,
Poinsettia Lane on the north, and the proposed San Diego
regional park to the east and south.
The legal description of the proposed project is as follows:
That portion of the Southwest Quarter of the
Southeast Quarter of Section 38, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in
the County of San Diego, State of California,
according to United Sates Government Survey, .,
described as follows:
Beginning at the Southwest corner of said Southwest
Quarter of the Southeast Quarter; thence along the
Southeast Quarter North 00"27'38" East, 1320.00
feet to the Northwest corner thereof; thence along
the Northerly line of said Southwest Quarter of the
Southeast Quarter, South 89''42'17" East, 222.57
feet; thence South 23°31'00" East, 597.11 feet;
thence South 17*^06'00" East, 483.89 feet; thence
South 18°35'00" West, 326.50 feet to the Southerly
line of said Section 28; thence along said Southerly
line. North 89°11'06" West to the Point of Begin-
' ning.
EXCEPTING therefrom that portion described in Parcel
3A of that certain Final Order of Condemnation made
under Superior Court Case No. 252112 and recorded
July 18, 1963 as File No. 125935.
The project will consist of 300 townhouse units clustered
around one lake. Fifty-one percent of the units will be
single story while 22.7 percent are planned to be 2 story •
and 26.7 percent are split-level units. These units will be
2, 3, and 4 bedroom townhouses. The 4 bedroom can be con-
verted into a 3 bedroom unit with a den. The prices of
these units will range from $40,000 to $50,000.
The total planned surface area of the one lake is 3.64
acres. Plans call for two recreation buildings, one for
each half of the development. The recreation centers will
be located near the lake. A bicycle path approximately
one mile long will circle the lake.
1. Casas de las Poinsettias Draft EIR: Occidental Petroleum
Land and Development Corporation, Newport Beach,
California, January, 1973,"page 6.
The developer, along with the Home Owners Association,
plans to stock the lake with Catfish and Bass. The residents
of the development will be able to enjoy fishing and small
craft boating. The lake will be private and only the resi-
dents will use the lake for recreation purposes. In case of
a fire within the project, the developer will allow access
of the lake to the Carlsbad Fire Department.
The developer expects the majority of the townhouses to be
utilized as primary residences. The price and location,
however, are expected to attract an empty nester clientele.
It is anticipated that a small percentage.of the units will
provide residences for families with school age. children.
The construction of the project is expected to take place in
four phases. Phase one will include the construction of the
one half of the lake, the streets and utilities around the
lake, one recreation center and seventy-one dwelling units.
The entire project should be completed within three years
depending upon the rate of sales. The developer expects to
sell an average of eight units per month.
Present plans will yield a density of 5.2 units per acre,
well below the zoned 10 units per acre. The proposed project
is in accordance with zoning regulations and consistant with
the current General Plan for the City of Carlsbad. As
presently planned, the project will exceed the 66 2/3 percent
open space requirement as called for by the City of Carlsbad.
Approximately 51.3 acres of the project will be. utilized for
development, while about 5.7 acres will be left in a natural
state and dedicated by the developer and Occidental Petroleum
Land and Development Corporation to the city for use as a
park and wildlife sanctuary.
The project elevations range from 105 feet near the San Diego
Freeway to 150 feet near the Poinsettia Lane - Poinsettia
Road interchange.
It was stated in the Master E.I.R. that the subject property
(parcel 2) would be affected by the Coastline Initiative since
a portion of the site lies within 1,000 yards from Batiquitos
Lagoon.
In March, 1973, the San Diego Regional Commission ruled that
Batiquitos Lagoon was a non-tidal body of water with boundaries
as indicated on the U.S.G.S. 1968 Encinitas Quadrangle Map.2
2, Rancho La Costa Draft EIR: South Bay Engineering
Corporation, Palos Verdes Estates, California,
February 22, 1973.
Since the proposed project is located over 1,000 yards from
the ocean and the lagoon is a non-tidal body of water, it is
presumed that the project will not be affected by the
Coastline Initiative.
Environmental setting without the project: The environmental
setting of the project site is consistant with that already
discussed in the Master E.I.R. prepared for Occidental
Petroleum Land and Development Corporation. There are no rare
or endangered species of plant or animal life dependent on
the development site for either food or shelter.-^
Environmental impacts and proposed mitigating measures to
minimize them: As stated in the Master E.I.R., the project
will have no significant impact on the following areas.
1. Parks and recreation areas
2. Solid waste disposal
3. Fire protection
4. Police protection
5. Flood control
6. Sewage disposal and treatment
7. Municipal water supply
When this project and several surrounding developments near
completion, the need for more classroom space will no doubt
occur. Provisions by developers and local officials should be
made soon to insure proper classroom facilities for the
children of this development as well as those in surrounding
areas.
The areas of potential negative impacts are as follows:
1. Open space
2. Air quality
3. Traffic
4. Noise
5. Alteration of landforms
6. Water resources
Open space; The project will cause a loss of some open space.
The remaining open space (approximately 74 percent of the pro-
ject) will be left in a natural state or enhanced through
professional landscaping.
Air quality: A potential negative impact would be the
deterioration of the air quality. Over 93 percent of the
pollutants inserted into the air will come from automobiles.
New governmental regulations on auto emissions and the
prevailing sea breezes should have a positive effect on these
conditions. Therefore, dispersion of the pollutants into the
atmosphere should not be considered as a serious problem.
3. op. cit. Occidental Petroleum Land and Development
Corporation, pages 9-15.
Traffic: Since the density of the project is lower than
anticipated, the circulation system in and around the study
area should be sufficient to handle the proposed traffic
loads. The major impact area on circulation will be the
entrance to the project. Plans call for a two lane ingress
and egress facility to serve the entire project. It is anti-
cipated that signalization will have to be implemented at the
entrance road and Poinsettia Lane intersection once the
project nears completion.
Noise: There will not be any on-site sources of noise except
during construction activities. Specific mitigation measures
have been discussed in the Master E.I.R.4
Noise levels eminating from the San Diego Freeway, though, not
introduced by the development, presents a potential negative
impact.
The developer plans to fill the lower portions of the site
near the freeway to a height of at least 29 feet. The
additional height as well as the angle of the earthen embank-
ment should act as a successful retardant to the noise levels
of the freeway. Proper use of landscaping can further decrease
the noise level.
Alteration of landforms: There are no unique landforms or
historical landmarks on the subject property. The developer
plans an extensive alteration of the site through the
grading phases. Most of the native soil will remain on the
development site and the developer estimates that approximately
150,000 yards of soil will be moved during the course of
construction.
4. op. cit. Occidental Petroleum Land and Development
Corporation, page 21.
Water resources: Plans for providing an adequate water supply
from the Leucadia County Water District to the project have
been initiated and the project will have no adverse effect on
the surrounding area.
Plans for sewage disposal have beeji implemented and a major
trunk line has already been constructed to the northern
boundary line of the study area. The developer will soon
submit plans for the construction of the sewer network
within the project site. It is expected that the developer
will comply with all codes and restrictions set forth by the
city's Public Works Department.
There are no natural water sources on the undeveloped site.
The devloper, however, plans to incorporate a man-made lake
into the planned community. Since the lake is man-made and
does not have a natural menas for water purification, there
will be a tendency for the water to become easily polluted.
Unless properly maintained, this water resource will become
unusable for both wildlife and human populations. Once the
lake is created, sampling and analysis should be conducted on
a regular basis in order to determine water quality.
For more specific details regarding the construction and
maintenance of the lake, please refer to Appendix A.
Adverse environmental effects which cannot be avoided should
the proposal be implemented:
Loss of open space - The very establishment of a community
involves loss of open space. Although the developer has
maintained open space commensurate to the county requirements,
the loss itself is unavoidable.
Increased traffic (outside the project site) and reduced air
quality.
Loss of agriculture - The discontinuation of flower production
on the project site represents a loss of agricultural output.
It further represents some loss in aesthetics to the extent
that flowers are commonly more attractive than grass or other
plants. The discontinuation of flower cultivation, though a
loss in some aesthetics, will be substituted partly by grass
fields, plants, and adequate landscaping.
Alternatives to the proposed action: The alternatives to the
project have been set forth in the Master E.I.R.5
5. op. cit. Occidental Petroleum Land and Development
Corporation, pages 29 and 30.
Irreversible and irretrievable commitment of resources: The
establishment of the Carlsbad Lake Community v/ould involve
greater demands for gas, electricity, and water. This is
indeed unavoidable because there is no other way a community
can manage without energy. This energy will be imported
from areas outside the project, and conceivably would cause
further depletion of scarce natural resources.
Although the developer has maintained open space commensurate
with the city requirements, the very establishment of a
community involves loss of open space. This is inevitable
and is outweighed by the advantages the project will provide.
The grading of the hillsides and other land must be considered
as irreversible in that future generations will have little,
if any, means to replace or reestablish the altered landforms.
The growth inducing impacts of the proposed activity upon
the neighborhood and/or community: Please refer to the
Master E.I.R., page 32.
Conclusion: The project does present minimal adverse
environmental impacts but the; significance of these impacts
have been mitigated to levels of acceptability.
CITY OF CARLSBAD
AGENDA BILL NO. 3 42 0 - Supplement No. 1 Initial:
Dept.Hd.
DATE: Aucfust 5, 1975 . C. Atty.j//^
DEPARTMENT: CITY ATTORNEY • C. Mgr.
* REQUEST FOR APPROVAL OF A SPECIFIC PLAN AMENDMENT (SP-122A)
APPLICANT: COVINGTON BROTHERS .
Statemient of the Matter
The City Council at your meeting of July 15, 1975, directed the
City Attorney to prepare the necessary documents adopting
Specific Plan {SP-122A). The Ordinance adopting the Specific
Plan is attached. A resolution rescinding Resolution No. 3169
and Specific Plan SP-122 is attached.
Exhibit
Ordinance No. yVt^'^ adopting- Specific Plan {SP-122A) .
Resolution No.<^7^7 rescinding Specific Plan (SP-122).
Recommendation
If the Council desires to adopt Specific Plan (SP-122A), your
action is to adopt resolution NO.J7^^ and introduce
Ordinance No. ^JfS^ -
Council action
8-5-75 Resolution #3707 was adopted, rescinding Resolution #3169, which
adopted Specific Plan (SP-122).
Ordinance #9434 was introduced for a first reading, adopting an
amendment to Specific Plan (SP-122A).
8-19-75 Ordinance #9434 was gjven a second reading and adopted.
CITY OF CARLSBAD
(J.
AGENDA BILL NO. ^y^^ Initial:
Dept.Hd.N?
DATE: July 15, 1975 : -
— : C. Kt-t-Yi/rA
DEPARTMENT; Planning • C. Mgr
Subject: Request for approval of a Specific Plan Amendment (SP-122-A)
Applicant: Covington Brothers
Statement of the Matter: The Planning Commission is recommending approval of a
Specific Plan Amendment. Specific Plan 122, approved by City Council Resolution 3169,
August 7, 1973, allowed construction of 300 dwelling units on a 61-acre site located
at the southeast corner of Poinsettia Lane and 1-5. The amendment reduces the lake
area, redesigns building exteriors,, includes several jacuzzi areas and provides
additional guest parking.
Exhibits: Planning Commission Resolution No. 1159
Staff Report dated May 27, 1975
Plot Plan, Exhibit A, 6^-30^75
City Council Resolution No. 3169, 8/7/73
Memo to City Manager dated 7-7-75
Recommendation: Staff recommends that SP-122(A) be approved the reasons outlined in
Planning Commission Resolution No. 1159. If the City Council concurs with the Planning
Commission recommendation, the Council should direct the City Attorney to pr^epare the
necessary documents.
Council action
7-15-75 Following the public hearing the staff was instructed to prepare
op'^iP^"^^ approval of Specific Plan amendment
>'
CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF REPORT
May 27, 1975
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
REPORT ON: SPECIFIC PLAN AMENDMENT - SP-122(A)
AP; ,".TCANT: COVINGTON BROTHERS
2451 E. Orangethorp Avenue
Fullerton, California 92631
I. REQUEST: The applicant is requesting approval of a Specific Plan
allowing construction of 300 dwelling units on a 61-acre site located
at the southeast corner of Poinsettia Lane and Interstate 5. An
original Specific Plan for the project expired in February, 1975.
However, the final subdivision map for the project has been recorded.
II. - RECOMMENDATION: Staff reconmends that SP-122(A) be APPROVED based
on the following justification:
1) The project meets the requirements of the General Plan Land Use
and Iiousing Elements for density and clustering of units;
2) The project meets the City's Public Facilities Policy;
3) The project complies with all standards of the P-C Zone.
RECOMMENDED CONDITIONS OF APPROVAL:
1) The approval of the Specific Plan is granted for land as described
in tho application and any attachments thereto and as shown on
the plot plan labeled Exhibit A, dated 4/23/75 and the elevations
labeled Exhibit B, dated 4/23/75. The location of all buildings,
fences, signs, roadways, parking areas, landscaping and other
facilities or features shall be substantially as shown on these
exhibits, except or unless indicated otherwise herein.
2) Unless the construction of the structure or facility is commenced
not later than two years after the date the approval is granted
and is diligently pursued thereafter, this approval will auto-
matically become null and void.
3) 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.
•2-
4) A detailed landscape and sprinkler plan prepared by a land-
scape architect, shall be submitted to the Parks and Recreation
Director for consideration and approval.
5) All utilities including electrical, telephone and cable
television, shall be installed underground and/or shall be
completely concealed from view.
6) All drivev/ays shall have width and turning radii which are
satisfactory to the City Engineer.
7) Upon completion of grading, all slopes shall be planted with
erosion control vegetation in a manner acceptable to the City
Engineer and Parks ana Recreation Director.
8) The applicant shall construct a solid noise barrier along the
entire western perimeter of the project site prior to occupancy
of any units abutting the freeway. This shall be accomplished
in a manner acceptable to the Planning and Building Directors.
9) The applicant shall dedicate a 15-ft. sanitary sewer easement
along the westerly boundary of the parcel from the southwesterly
corner to the vicinity of Lot 148.
III. BACKGROUND:
Location: Southeast intersection of Poinsettia Lane and 1-5.
Legal Description: A portion of the southeast quarter of Section
38, Township 12 South, Range .4 VJest, San Bernardino Base and
Meridian in the City of Carlsbad.
^' Site Description: The site is a fairly level terrace about
40 feet above freeway grade and sloping off at the easterly
boundary. The site is presently overgrown with weeds, although
gladiolas left from previous cultivation have volunteered over
most of the site. - , "
^- Project Description: The project consists of 300 units in clusters
of 3, 4 or 6 built around a linear greenbelt with small lakes,
recreation buildings, walkways and jacuzzis. A private street
system has been accepted by the City for the project. Parking
is provided at a ratio of 2.65 spaces per unit..
E. Zoning: Subject Property: P-C
North: P-C
South: County R-4
East: R-l, RD-M and County A-1-8
West: P-C and C-2
^' Surrounding Land Use: The site is bordered by a commercial flower
. . field'to the north,"vacant land to the east and south and by
Interstate 5 to the west.
^' General Plan Recommendation: The General Plan Land Use Element
designates this property as residential medium density at 4-10
dv;olling units per acre. The applicant proposes a gross density
of 4,9 dwelling units per acre.
^' Environmental Impact Requirements: The project has been declared
to have met the requirements of the Environmental Protection
Ordinance of reasons of prior compliance. A full E,I,R. for the
entire Occidental Master Plan was certified in 1973, and a supplement
to that E,I.R. was provided concurrent with the original Specific
Plan, The supplement (see attached) is applicable to the project
as presently proposed with the exception that the lake area has
been reduced to 0.83 arres and the discussion regarding Coastal
Commission requirements is presently being debated,
I- Public Facilities Policy: The City has not yet received a letter
from the Carlsbad Unified School District stating that they can
provide school facilities for the project. If a letter is not
received prior to the hearing for the project, staff recommends
a two-week continuance.
IV. - MAJOR PLANNING CONSIDERATION: •
1) Is the proposed Specific Plan consistent with the adopted subdivision?
2) Are there any new circumstances or requirements applicable to the
new Specific Plan?
V, DISCUSSION OF SPECIFIC• ITEMS:. . . '
^- Changes in Project Design: The applicant proposes to maintain the
same.lot boundaries, street layout and unit size.as the original
design. The changes proposed are reduction of the lake area, re-
design of building exteriors, inclusion of several jacuzzi areas
and provision of additional guest parking.
^- Coastal Commission Requirements: The Final Subdivision Map for
the project was approved subsequent to the passage of Proposition
20 but prior to the Attorney General's ruling that subdivision of
.' any property tliat lies partial ly within the Coastal permit zone is
subject to Coastal Co.m,mission's approval, A small piece of the
project's southernmost boundary is within the Coastal Permit Zone,
The San Diego Regional Coast Commission approved a permit to allow
landscaping and sprinkler systems in this area, but no action was
taken to approve the subdivision. This must be resolved between
the applicant and the San Diego Coast Regional Cominission.
C, C. C. ^ R's: With the large amount of common ownership areas for
the project, provisions for maintenance and liomeownor's associaLions
is of great concern. As a condition of approval for the tentative
subdivision map, review and approval of the CC. & R's was required.
This has been accomplished.
-4-
Conditions of Approval: The conditions of approval for SP~122(A)
include only those requirements which are not covered by existing
Code requirements or have not been met through the subdivision
process. Some conditions from the old Specific Plan have been
eliminated because they are unnecessary. New conditions have been
added to require erosion control planting, noise control and dedi-
cation of a sewer easement to accommodate the "Ayres" trunkline
which will pass through the property.
DH/br - 5/20/75
ATTACHMENTS:
Plot Plan, Exhibit A, 4/23/75
Elevations, Exhibit B, 4/23/75 (to be displayed at hearing)
Supplement to E.I.R. for project (Certified 8/7/73)
City Council Resolution No. 3169
Planning Commission Resolution No. 922
Letter from Carlsbad Municipal Water District, 5/13/75
Revised 6/74
CITY OF CARLSBAD
APPLICATION FOR ADQr^I0N_0F
SPECIFIC'OR MASTER PLAN
DATE: SPECIFIC PLAN NO. 7.^:>f
FILING FEE RECEIPT N0._ MASTER PLAN NO.
(for officia] useT
"jf "K « * « « « * * ft * * * * « « * «r * -A -t.--
I. A REQUEST IS HEREBY MADE TO ADOPT A Specific
(Specific or MaTter Plan)
FOR PROPERTY DESCRIBED AS: (exact legal description)
Lot 1 thru 16, Lot 18 thru 170, and 172 thru 308 of Carlsbad Tract 73-24,
in the city of Carlsbad, Covmty of San Diego, State of Califomia
THE PROPERTY DESCRIBED HEREIN IS ADDRESSED AS Tract #73-24
AND IS LOCATED ON THE South
(North, South, East, West)
SIDE OF Poinsettia BETWEEN Lagoon Lane AND
"(Name of Street) (Name of StreeT)
San Diego Freeway
(Name of Street)
II. We The undersigned state that we are
( I, We) r~I~AM, WE ARET
the owners ^of the property described herein and hereby
"(Owner/Owners) (Authorised Agent)
give oiir authorization to the filing of this application:
(My, Our)
Name : Covington Brothers a California corporation
(Typed or Printed as shown^ on Recorded Deed)
Signature: '''<L>vS^ \ \V-:- j A Vice President
Name: Covington Brothers a California^:^prporation
( Typed or Printed as shown on Record^ Deed)
Signature: ^yy^Jj^L^^yLx^ Secretary
Name: -
(Typed or Printed as shown on Recorded Deed)
Signature:__
Name:
(Typed or Printed as shown on Recorded Deed)
Sig'nature: '
Specific/Master Plan AP"iication Page Two
III. EXISTING ZONE OF SUBJECT PROPERTY
HAS A MASTER PLAN BEEN APPROVED?
Planned Ccttniunity
Yes.
DATE:
OWNER AND/OR OWNER'S AUTHORIZED AGENT
AFFIDAVIT
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
CITY OF )
SS
being duly sworn depose and 'if7)(we), ^if^yy /f- /^^fyy//}^..f
declare to the best of /P/y ^knowledge that the foregoing is true
(my, oijr )
•and correct under the penalty of purjury:
EXECUTED AT
DATE
71/tc % /3 A- r>
TCitTT (State)
,^ 3
(Month) (Day)
APPLICANT, OWNER'AND/OR OWNER'S-AUTHORIZED AGENT:
79 yy
(Year)
OOVINGTQN BRQipiERS
2451 E. C)rangethorpe.^Avp3.ue
(Mailing Address)
Fullerton, Califomia 92631
(City and State) (Zip)
( 714 ) '879-0111
(Area Code)
SUBSCRIBED AND SWORN TO BEFORE ME THIS
(Notary Public).
DAY OF
(Telephone Number)
i ^«3r^ OFFICIAL SEAL t
X DIANE P. EDMUNDS •
• W^^P] NOTARY PUBLIC • CALIFORNIA <
• ^S^y PRINCJPAL OFFICE IN <!
X -feAN DIEGO COUNTY
• My Commission Expires Sept. 26, 1978 o
• *
TO 447 C
(Individual)
STATE OF CALIFORNIA
ORANGE COUNTY OF
On 22 April 1975
State, personally appeared
SS.
_ before me, the undersigned, a Notary Public in and for said
Dorris L. Krutclk
u tt
111 X
111 -I a. <
1-
(0
to be the person . whose name ^ S
known to me
to the within instrument and acknowledged that She
executed the same.
WITNESS my hand and ^cial seal.
Signature ^
subscribed
Mary ITou Hodson
Name (Typed or Printed)
"RANGE COUNn *
(This area for official notarial seal)