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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)