HomeMy WebLinkAbout1998-04-01; Planning Commission; Resolution 42461
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PLANNING COMMISSION RESOLUTION NO. 4246
A RESOLUTION OF THE PLANNING COMMISION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO
YEAR EXTENSION OF TIME FOR A TENTATIVE TRACT
AND RELATED PLANNING PERMITS.
CASE NAME: THE HAMPTONS
CASE NO.: CT 89-13x4
WHEREAS, Dr. Spirtos and Dr. Ferrero, “Tenants in Common”, ha\
verified application with the City of Carlsbad regarding property described as
A lot south of Park Drive between Marina Drive and Bayshore Drive.
(“the Property”); and
WHEREAS, the Planning Commission did, on February 21, 199
Resolution No. 2983, approving the tentative map for a 42 unit subdivision , known as
13, and Resolution No. 2982 approving a conditional negative declaration for a T
Map, Planned Development Permit, Conditional Use Permit, and standards variancc
89-13, PUD 89-05, SV 89-03; and
WHEREAS, the City Council did on March 27, 1990 after hearing an a
the Planning Commission’s decision, adopt Resolution No. 90-80 approving the tentative ;
its related planning permits; and
WHEREAS, the City Council did on August 4, 1992 per Resolution No
and again on May 18, 1993 per Resolution No. 93-137 grant one year extensions of the
map and its related planning permits; and
WHEREAS, the State of California granted a three year extension and a (
extension to all active tentative maps; and
26 WHEREAS, if the Planning Commission approves extension of the 1
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law pursuant to Carlsbad Municipal Code Section 21.58.020(b); and 28
Map the related planning permits mentioned above will be automatically extended by ope
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WHEREAS, the tentative map will have expired on March 27, 199
extended. Consequently, the applicant for the tentative map, David R. Moore, has made
request for an extension of time to process toward a final map; and
WHEREAS, the project (tentative map and related planning perm
reviewed for conformance with the current General Plan, Title 21 , other City ordina
policies; and
WHEREAS, the Planning Commission did, on the qfh day of March, 1991
lSf day of April, 1998 hold a duly noticed public hearing to consider all factors, testin-
arguments, if any, of all persons desiring to be heard.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Con
APPROVES the request for an extension of time for the tentative tract map :
HAMPTONS (CT 89-13x4) for a period of two years fiom March 27, 1998 t
27, 2000, subject to all the original conditions of approval as amended to dal
as further amended below based on the following findings:
Findings:
1. That the design and improvements of the subdivision are consistent with the Gene
Title 20 and 21 (CMC), other City ordinances and policies as conditioned.
2. That the subdivider is diligently pursuing those actions required to obtain a final map
3. That the related planning permits remain consistent with current plans, policies and Is
4. That the tentative map and related planning permits remain in prior compliance
original environmental documents and mitigation requirements and that no
circumstances or new impacts or mitigation measures will be required.
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Conditions:
1. Delete Condition No. 42 of Planning Commission Resolution 2983. No agrec
needed, this fee has been codified and is covered by a new condition listed below
2. Resolution 2983 add to Condition No. 46 of Planning Commission following:
A list of the above improvements shall be placed on an additional map sheet on the f
per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvemer
above shall be constructed within 18 months of approval of the secured impr
agreement or such other time as provided in said agreement.
3. Remove the following words from Condition No. 83 of Planning Commission Re
2983: of the ponds.
4. Delete Condition No. 47 of Planning Commission Resolution 2983. It is covered
above.
5. Add the following new conditions:
A. There shall be one final subdivision map recorded for this project.
B. Prior to issuance of a building permit for any buildable lot within the subdivi
property owner shall pay a one-time special development tax in accordance \
Council Resolution No. 9 1-3 9.
C. Prior to approval of the final map, the developer shall pay all current :
deposits required.
D. Prior to approval of any grading plan, the owner shall execute a hold 1
agreement for geologic failure.
E. Prior to approval of any grading or building permits for this project, the ow
give written consent to the annexation of the area shown within the boundaril
subdivision plan into the existing City of Carlsbad Street Lighting and Lanc
District No. 1 on a form provided by the City.
F. Prior to the issuance of a grading permit or building permit, whichever occl
the developer shall submit proof that a Notice of Intention has been submittc
State Water Resources Control Board.
G. Upon completion of grading, the developer shall ensure that an “as-graded”
plan is submitted to the City Engineer. The plan shall clearly show all the ge
PC RES0 NO. 4246 -3 -
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exposed by the grading operation, all geologic corrective measures as
constructed and must be based on a contour map which represents both the
post site grading. This plan shall be signed by both the soils engineer
engineering geologist. The plan shall be prepared on a 24” x 36” mylar o
drafting film and shall become a permanent record.
H. The following Geotechnical Caution shall be placed on the final map
mapping data:
“The owner of this property on behalf of itself and all of its successors ir
has agreed to hold harmless and indemnify the City of Carlsbad from ar
that may arise through any geological failure, ground water seepage
subsidence and subsequent damage that may occur on, or adjacent
subdivision due to its construction, operation or maintenance.”
6. Add wording to Condition No. 85 of Planning Commission Resolution 2983to
follows:
Provide suitable fencing to the satisfaction of the Planning Director to protect
marsh and mitigate for the loss of 64 square feet of isolated salt marsh through pre:
of adjacent salt marsh.
7. Add wording to Condition No. 86 of Planning Commission Resolution 2983 to
follows:
The developer shall create a small freshwater pond area for use by wildlife. Local
size shall be determined by the Planning Director.
8. Modify wording to Condition No. 87 of Planning Commission Resolution 2983
as follows:
Three plant species shall be deleted from the project landscape plans due to their 1
for invasion into the natural lagoon surroundings. They shall be replaced by those 1
each one:
TO BE DELETED REPLACEMENT
Mvoporum pacifica Rhus Intearisfolia, lemonade-berry
Acacia pecoffverde Acacia minuta
Ceanothus ariseus Ceanothus verruscosus
9. Add wording to Condition No. 88 of Planning Commission Resolution 2983 to
follows:
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The bath house shall be reduced to a single story not to exceed 14 feet which
adversely affect views from Park Drive as determined by the Planning Director.
10. Add wording to Condition No. 89 of Planning Commission Resolution 2983 tc
follows:
A permanent public access easement and sidewalk shall be provided from Marina
the 100 foot buffer area as shown on the tentative map.
11. Add a second sentence to Condition No. 91 of Planning Commission Resolution
read as follows:
No structures other than sidewalks and appropriate fencing shall be constructed \;r
100 foot buffer area.
PASSED, APPROVED AND ADOPTED at a regular meeting of the :
Commission of the City of Carlsbad, California, held on the 1st of April, 1998, by the f:
vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Nielsen, Sa.c
Welshons
NOES: Commissioners Heineman and Monroy
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H~~ZMI~LER
Planning Director
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