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HomeMy WebLinkAbout1982-07-06; City Council; 7049-1/7050-1; EIR 81-07 Robertson Ranch Preannexational Zone Change7049-1 cnCo F CARLSBAD — AGENDJTBILL AR# 7050-1 MTG V6/82 OEPT. CA TITLE- EIR 81~7 ROBERTSON RANCH PREANNEXATIONAL ZONE CHANGE, PLANNED TTNTTT DFVFT.OPMFNT AND TENTATIVE TRACT MAP ZC-245/CT 81-48/PUD-36 - WOODWARD OEPT. HD. CITY ATTYY/S P.ITY MGR. -^*~ o occQ.D_ og Oo RECOMMENDED ACTION: 1. 2. 3. That the City Council certify by minute motion that EIR 81-7 is in compliance with CEQA and Title 19 of the Municipal Code. If the Council wishes to approve the Preannexational Zone Change, ZC-245, your action is to introduce Ordinance No. If the Council wishes to approve Planned Unit Development, PUD-36, and Tentative Tract Map, CT 81-48, your action is to adopt Resolution No. ITEM EXPLANATION; The City Council at your meeting of June 15, 1982 continued your consideration of the certification of EIR 81-7 for the Robertson Ranch. That action was to allow staff to prepare a response to written comments received at the hearing from CRMWD. A memorandum from staff responding to the points raised by CRMWD is attached as Exhibit A. The comments by CRMWD and staff response should be considered as part of EIR 81-7. If the City Council is satisfied your action is to certify the EIR. At the same Council meeting the City Attorney was directed to prepare the documents approving a preannexational zone change from county A-l(8) to R-l. The ordinance approving the zone change is attached. If the Council concurs your action is to introduce Ordinance No . Council also directed our office to prepare a resolution approving a Planned Unit Development and Tentative Tract Map (CT 81-48/PUD-36) for the Woodward Project. A resolution in that regard is attached which approves the project subject to the conditions as recommended by the Planning Commission in Resolution 1960 with the exception of condition number 41, which has been revised to key the payment of reimbursement for Tamarack, if any, to the final map of each phase of the development. If the City Council concurs and wishes to approve the project your action is to adopt Resolution No. EXHIBITS: 1. Staff memorandum 2. Ordinance No. 3. Resolution No. A MEMORANDUM DATE: June 24, 1982 TO: City Council FROM: Michael J. Holzmiller, Planning Department SUBJECT: ROBERTSON RANCH EIR/RESPONSE TO COMMENTS FROM COSTA REAL MUNICIPAL WATER DISTRICT The City Council, at your meeting of June 15, 1982, requested staff to prepare a response to a letter submitted by Costa Real Municipal Water District regarding the Robertson Ranch EIR (EIR 81-7). The response, which was prepared by the Utilities Department and the Planning Department, is attached. The response together with the letter from Costa Real Municipal Water District will be made part of the final EIR. Attachment: Response to Costa Real Municipal Water District Comments. MJH:bw 6/24/82 RESPONSE TO COMMENTS RECEIVED JUNE 15, 1982, CITY COUNCIL PUBLIC HEARING FOR EIR 81-7 (Robertson Ranch) At the City Council hearing for EIR 81-7 the Costa Real Municipal Water District raised two issues relating to the Robertson Ranch project. The comments and responses are as follows: 1. COMMENT FROM CRMWD; Resolution 1960 of the Planning Commission does not include specific CRMWD recommendations that the development will be served by the District. CITY RESPONSE; The resolution did not include the District's recommendation as these recommendations are contrary to the current city position which is outlined below. Lacking an agreement with the CRMWD for providing distribution of water, the city must provide the service in order to sustain the finding that water service is available to the project. The city is under no legal or moral obligation to conform to District resolutions pertaining to the provision of services for which the city has jurisdiction. The city denies violation of Water Code Section 71699 which prohibits the paralleling of utility lines to provide like services to the same parcels. These matters are presently under litigation by suit filed by the CRMWD. 2. COMMENT FROM CRMWD; The CRMWD differs with the EIR response to the issue of provision of water service to the project and specifically to the final sentence which indicates that the EIR cannot determine the source of water service until the issue between the two agencies is resolved. CITY RESPONSE; It is recognized that the CRMWD has transmission lines and storage facilities to provide potable water to the area of Carlsbad including the Robertson Ranch. The jurisdictional issue concerning the city and CRMWD relates to the retail distribution of water to the project. It is the city's position that the city will provide the distribution services or will approve any other arrangement in the future. CRMWD has also filed suit relating to this matter. The EIR cannot adequately address the issue of which entity will provide water distribution services. However, it should be pointed out that water service will be available to the site. MJH:bw V- RESOLUTION NO. 6928 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS TENTATIVE TRACT MAP (CT 81-48) AND PLANNED UNIT DEVELOPMENT (PUD-36) ON 120.7 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF TAMARACK AVENUE AND EAST OF SIERRA MORENA. APPLICANT: WOODWARD CASE NO. CT 81-48/PUD-36. WHEREAS, on May 26, 1982, the Carlsbad Planning Commission adopted Resolution No. 1960 recommending to the City Council that Tentative Tract Map (CT 81-48) and Planned Unit Development (PUD-36) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on June 15, 1982 held a public hearing to consider the recommendations and heard all persons interested in or opposed to Tentative Tract Map (CT 81-48) and Planned Unit Development (PUD-36); and WHEREAS, an Environmental Impact Report (EIR 81-7) was prepared and certified as complete in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1980 and the California Environmental Quality Act for PUD-36 and CT 81-48; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: A. That the above recitations are true and correct. • i B. That the findings of the Planning Commission in Resolution No. 1960 constitute the findings of the City Council in this matter. 1 2 3 4 5 6 7 8 9 10 11 0 12 8 2 T*_j g J-O cc < g Sfeii 14 i|3§ 15 <3g £ « 8 d 16ai 2 cj <j II a! 17 1 ° I8 19 20 21 22 23 24 25 26 27 28 C. That said Tentative Tract Map, together with the provisions for its design and improvement and subject to the conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Tract Map (CT 81-48) and Planned Unit Development (PUD-36) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No. 1960, dated May 26, 1982 marked Exhibit A, attached hereto and made a part hereof, with the exception of condition number 41 to read as follows: "The city has received a request for a reimbursement agreement regarding the improvement of Tamarack Avenue which is already constructed. The City Council has not yet considered the request and the outcome is not certain. In the event that a reimbursement agreement district is established, the subdivider shall agree to pay the reimbursement amount for Tamarack Avenue frontage not to exceed 1/2 street width along each phase of the subdivision prior to final map approval for such phase." PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 6th_ day of July , 1982 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin and Anear NOES: None ABSENT: Council Member Chick / ATTEST: MARY H. /CASLER, Mayor -_ £.-. U^M.ALETHA L. RAUTENKRANZ, City Olerk (SEAL) 2. 1 2 3 4 5 CASE NO: CT 81-48/PUD-36 6 WHEREAS, a verified application for certain property to 7 wit: All that portion of Lots "E" and "I" of Rancho Agua8 10 11 12 13 14 15 16 17 18 19 20 21 25 26 27 28 EXHIBIT A RESOLUTION NO. 6928 PLANNING COMMISSION RESOLUTION NO. 1960 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 221 LOT TENTATIVE TRACT MAP AND A 211 UNIT PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF TAMARACK AVENUE, EAST OF SIERRA MORENA AVENUE APPLICANT: WOODWARD Hedionda according to a partition map thereof No. 823, filed November 16, 1896 has been filed with the city of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request <. provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 26th day of May, 1982, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and.Planned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct 24 B) That based on the evidence presented at the public hearing, thej Commission recommends APPROVAL of CT 81-48/PUD-36, based on the following findings and subject to the following conditions: Findings: 1) The project is consistent with the city's General Plan since the proposed density of 1.7 du's/acre is within the density j range of 0-4 du's/acre specified for the site as indicated on i the Land Use Element of the General Plan. 4 5 6 7 8 9 10 11 12 13 14 15 20 2) The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. 3) The project is consistent with all city public facility pol- icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, the Planning Commission is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this project. b) Park-in-lieu fees are required as a condition of approval. c) All necessary public improvements have been provided or will be required as conditions of approval. d) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee, Performance of that contract and payment of the fee will 23 24 25 26 27 20 enable this body to find that public facilities will ba available concurrent with need as required by the General Plan. 17 e) Adequate school facilities are available to this project pursuant to letter from Carlsbad Unified School District dated June 15, 1981. 19 f) Assurances have been given that adequate sewer for the project will be provided by the city of Carlsbad. 4) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. 5) An Environmental Impact Report has been certified for this project, therefore, all requirements of the Carlsbad Enviromental Protection Ordinance have been met. Conditions: 1) Approval is granted for CT 81-48/PUD-36, as shown on Exhibit "A", dated May 4, 1982, Exhibit "B", dated May 21, 1982, and Exhibits "D", "F", "G" and "H", dated December 7, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. PC RESO NO. 1960 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2) This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 3) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewei facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 4) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by CitT Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated June 15, 1981, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. 5) The applicant shall pay park-in-lieu fees to the city, prior t< the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. i 6} Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. Planning Department 7) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits. 8) The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Department prior to final map approval. 9) The applicant shall prepare a detailed landscape and irrigatxo plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits. 10) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 11) Any signs proposed for this development shall be designed in conformance with the city's Sign Ordinance and shall require review and approval of the Planning Department prior to in- stallation of such signs. PC RESO NO. 1960 -3- 12) All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Director. •f0 13} The applicant shall submit a street name list consistent with the city's street name policy subject to the Planning Director's approval prior to final map approval. K 14) The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench, free from advertising and a pole for the bus stop sign. The ' bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Planning Director and North County Transit District.9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 .25 26 5) Approval of Tentative Tract No. CT 81-48/PUD-36 is granted subject to approval of Zone Change 245 and to approval of the annexation of the property to the city of Carlsbad. 6) Approval of this tentative tract map shall expire twenty-four months from the date of City Council approval unless a final map is recorded. An extension may be requested by the ap- plicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions. 17) All slopes shall be maintained in accordance with the maintenance plan (Exhibit T, dated December 8, 1981). Said maintenance shall be clearly outlined in the CC&R's. 18) The applicant shall provide RV parking pursuant to the city's Planned Development Ordinance standard for RV parking in effect at the time of the issuance of the first building permit. Ingineering 19) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 20) The grading for this project is defined as "controlled grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. 27 //// 28 PC RESO NO. 1960 -4- 1 2 4 5 8 provided or installed as may be required by the City Engineer. 9 24) The developer shall pay the current local drainage area fee 10 11 12 13 14 15 18 19 20 21 22 24 25 26 27 28 21) Upon completion of grading, the developer shall insure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all, the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record. 22) No Grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. 23) Additional drainage easements and drainage structures shall be prior to approval of the final map or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer. 25) Land for all public streets and easements shown on the ten- tative map shall be dedicated on the final map and shall be "granted to city free and clear of all liens and encumberances. 26) All public streets shall be improved by the developer based on the typical sections shown on the tentative map and in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 16 i 27) The developer shall comply with all the rules, regulations and 17 design requirements of the respective sewer and water agencies regarding services to the project. 28) All concrete terrace drains shall be maintained by the home- owner's association (if on commonly owned property) or the individual property owner (if on an individually owned lot) in perpetuity. An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's. 29) Direct access rights for all lots abutting Tamarack Avenue and Pontiac Drive shall be waived and relinquished on the final map 23 30) Prior to the occupancy of any unit within this subdivision, the developer shall install a G foot chain link fence, or an acceptable alternative, on both sides of the existing concrete drainage channel, for its entire length along the subdivision boundary. The developer shall also install landscaping and irrigcition on the southside of the southerly fence, to screen the fences from view from Tamarack, Avenue. The landscape and irrigation plan shall be as approved by the Parks and Recreation Director. PC RESO NO. 1960 -5- 31) Water shall be provided by the city of Carlsbad, unless some other arrangement is approved by the City Council. 2 32) Prior to the issuance of any building permits for any dwelling 3 4 the City Engineer and Fire Marshall, 5 33) The developer shall construct a desiltation basin of a type 8 weather access/maintenance road, 9 34) The owner of the subject property shall execute a hold 10 property prior to the approval of the final map. 11 35) The applicant shall agree to provide for the utilization of 12 reclaimed water, in Type 1 form, on the subject property in all common areas as approved by the City Engineer 13 36) The reclaimed water irrigation system shall be maintained and 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 units beyond the first 120 units, the subdivider shall construct a 16' wide all weather temporary fire access road The precise location and design of this road shall be determined by and size, and at a location, as approved by the City Engineer. The developer shall enter into a desiltation basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of the final map for this project. The desiltation basin shall be serviced by an all harmless agreement regarding drainage across the adjacent operated consistent with the requirements of the city of Carlsbad, under a contractual agreement with the homeowner's association that is to give the city total assurance that they would always have the ability to discharge the effluent. 137) Irrigation systems to accommodate future reclaimed water shall be designed consistent v/ith Title 17 of the California State Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimize street excavation. 38) No specific development has been approved for lots 1 and 37 designated "future condominium site" as shown on the tentative map for this project. Prior to the construction of any condominium units within these lots the developer shall process a separate tentative map and condominium permit with the city. A note to this effect shall be clearly stated on the final map for this subdivision. 39) All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This responsibility shall be clearly stated in the CC&R's. 40) Bulk grading of the future condominium site is permitted if consistent with all city codes, other conditions of this resolution and the Environmental impact Report. PC RESO NO. 1960 -6- 2 3 4 the subdivision prior to final map approval for Phase 1 5 ?ire Department 2) An all weather access road shall be maintained throughout ' construction. 8 10 11 12 13 14 15 16 17 18 19 20 1) The city has received a request for a reimbursement agreement regarding the improvement of Tamarack Avenue which is already constructed. The City Council has not yet considered the request and the outcome is not certain. In the event that a reimbursement agreement district is established, the subdivider shall agree to pay the reimbursement amount for Tamarack Avenue frontage not to exceed 1/2 street width along 13) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 14) Fire retardant roofs are required on all structures. 15) Brush clearance shall be maintained within a minimum distance of 30 feet to each residence. 46) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 47) A fuel break to buffer the units along street L from the natural vegetation shall be developed to the satisfaction of the Fire Department. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 26th day of May, 1982, by the following vote, to wit: AYES: Farrow, Rombotis, Schlehuber, Friestedt, Rawlins NOES: None 22 ABSENT: Marcus, Jose ABSTAIN: None 24 25 ATTEST: 26 VERNON J. FARROW, JR., Chairman CARLSBAD PLANNING COMMISSION . JAMES C. HAGAMAN^xSecretary 2ARLSBAD PLANNING COMMISSION (PC RESO NO. 1960 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9633 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GR7\NT A PREANNEXATIONAL ZONE CHANGE (ZC-245) FROM A-1(8) (COUNTY) TO R-1 (CITY) ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF TAMARACK AVENUE, EAST OF SIERRA MORENA. APPLICANT; WOODWARD CASE NO. ZC-245. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map to grant a change of zone (ZC-245) from A-1(8) (County) to R-1 (City) on property as shown on the map marked ZC-245'™ Exhibit A, attached hereto and made a part hereof. SECTION 2: This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29f 1979, and amended on April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated June 15, 1981, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. Said fees shall be paid based on the April 2, 1982 version of Policy No. 17. 1 2 3 4 5 6 7 8 9 10 11 12 1 13 Ol 31 14 <? 15 §3 8 d 16<N <; *~ to 3 17cc J. /< 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the __6th____ day of ^July _, 1982, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 20th day of July , 19_82_, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Anear NOES: None ABSENT: None MARY H.o-CASLER ' M^yor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 2. P AP: G ^r^TftK^/SiVe«^ l W-a'MM EXHIBIT A ORDINANCE NO. 9633 A-1-3 CASE MQ.ER3i"7/ZC245/CTS1"48/PUP'-36 APPLICANT. JiQBE