HomeMy WebLinkAbout1983-04-05; City Council; 7322-1; Tentative Map & Condominium PermitCARLSBAD - AGENDQBILL /6
AR« 7322-1
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DEPT. CA
TITLE: TENTATIVE TRACT MAP AND CONDOMINIUM
PERMIT: SAMMIS PROPERTIES
CT 82-18/CP-214
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RECOMMENDED ACTION:
If the City Council wishes to approve the Tentative Tract Map CT 82-
18 and Condominium Permit CP-214, then your recommended action is
to approve Resolution No. . 7/79 and adopt Ordinance No. 9678
ITEM EXPLANATION
The City Council, at your meeting of March 15, 1983, introduced
Ordinance No. 9678 approving ZC-260. In addition, the City Council
directed the City Attorney to prepare the necessary document
approving a 39 acre/354 unit Tentative Tract Map CT 82-18 and
Condominium Permit CP-214. That resolution is attached.
Condition numbers 19 and 42 have been amended to read as follows:
Condition #19; "The developer shall grant an open space
easement over that portion of the property within the open
space zone (Lot #3) and over the property designated open
space easement in Exhibit "E", dated February 9, 1983. This
entire area shall be considered a wildlife preserve,
allowing only pedestrian trails, erosion control structures,
underground easements, and view points, as approved by the
Land Use Planning Manager. This easement shall be dedicated
prior to final map approval. Any improvements located
within this area shall be maintained by the homeowners
association and a statement so indicating this shall be
included in the C.C.& R.'s."
Condition #42; "Prior to final map approval the applicant
shall enter into an agreement satisfactory to the City
Council providing for the construction of the Avenida
Encinas bridge crossing the AT&SF Railroad."
OLU
^ EXHIBIT
Resolution No. 7/ 7 J
Ordinance No. 9678.
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RESOLUTION NO.7179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
TENTATIVE MAP (CT 82-18) AND CONDOMINIUM PERMIT
CP-214 ON PROPERTY GENERALLY LOCATED IMMEDIATELY
NORTH OF BATIQUITOS LAGOON BETEEN CARLSBAD
BOULEVARD AND THE AT & SF RAILROAD.
APPLICANT: SAMMIS PROPERTIES
CASE NO.; CT 82-18/CP-214
WHEREAS on February 23, 1983, the Carlsbad Planning
Commission adopted Resolution No. 2087 recommending to the City
Council that Tentative Map CT 82-18 and Condominium Permit
CT-214 be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
March 15, 1983 held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Map CT 82-18 and Condominium Permit CP-214; and
WHEREAS, an Environmental Impact Report EIR 82-4 was
prepared for CT 82-18 and CP-214 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;
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.
B. That the findings of the Planning Commission in
Resolution No. 2087 constitute the findings of the City Council
in this matter.
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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 Map (CT 82-18) and Condominium
Permit (CP-214) 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. 2087, dated February 23, 1983 marked Exhibit A,
attached hereto and made a part hereof, with the exception of
General Conditions Nos. 19 and 42 which have been revised to read
as follows:
19. The developer shall grant an open space easement
over that portion of the property within the open space zone
(Lot #3) and over the property designated open space easement in
Exhibit "E", dated February 9, 1983. This entire area shall be
considered a wildlife preserve, allowing only pedestrian trails,
erosion control structures, underground easements, and view
points, as approved by the Land Use Planning Manager. This
easement shall be dedicated prior to final map approval. Any
improvements located within this area shall be maintained by the
homeowners association and a statement so indicating this shall
be included in the C.C. & R.'s.
42. Prior to final map approval, the applicant shall
enter into an agreement satisfactory to the City Council
providing for the construction of the Avenida Encinas bridge
crossing the AT&SF Railroad.
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PASSED, APPROVED AND ADOPTED at a regular meeting o
the City Council of the City of Carlsbad, California, held o
the 5th day of April , 1983, by the folio
vote, to wit:
AYES: Council Msmbers easier, Lewis, Kulchin, Chick and Pr
NOES : None
ABSENT: None
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MARY H. 5/ASLER, Mayor
ATTEST :
OUbdtf^ / (?»,^u
ALETHA L. RAUTENKRANZ, City Clerfl
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c O EXHIBITA
RESOLUTION NO. 7179
1 PLANNING COMMISSION RESOLUTION NO. 2087 ~~
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A TENTATIVE
3 TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY
LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON BETWEEN
4 CARLSBAD BOULEVARD AND THE AT & SF RAILROAD.
APPLICANT: SAMMIS PROPERTIES
5 CASE NO.: CT 82-18/CP-214 •
6 WHLREAS, a verified application for certain property to..
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wit:
8 A portion of the west half of Section 33, Township
9 12 South, Range 4 West, San Bernardino Base and Meridian
in San Diego, CA. .
10 has been filed with the City of Carlsbad, and referred to the
11 Planning Commission; and
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WHEREAS, said verified application constitutes a request
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as provided by Title 21 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 23rd day of
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February, 1983, hold a duly noticed public hearing as prescribed by
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law to consider said request; and
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. WHEREAS, at said public hearing, upon hearing and
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considering all testimony and arguments, if any, of all persons
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desiring to be heard, said Commission considered all factors
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relating to the Tentative Tract Map and Condominium Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission as follows:
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A) That the above recitations are true and correct.
24 B) That based on the evidence presented at the public hearing,
25 the Commission recommends APPROVAL of CT 82-18/CP-214, based
on the following findings and subject to the following
26 conditions:
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'indings:
) The project is consistent with the city's General Plan since
the proposed density of 19.6 du's/acre is within the density
range of 10-20 du's/acre specified for the site as indicated on
the Land Use Element of the General Plan.
) 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.
) 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, and 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)1 School fees will be paid to ensure the availability of
school facilities in the Carlsbad Unified school district.
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bJ2 The Carlsbad School District has written a letter, dated
17 . February 18, 1983, stating that school facilities will be
available to this project.
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c) Park-in-lieu fees are required as a condition of approval,
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d) All necessary public improvements have been provided or
will be required as conditions of approval.
e) Assurances have been given that adequate sewer for the
project will be provided by the city of Carlsbad.
The proposed project is consistent with the city's Planned
Development Ordinance and also complies with the Design
Guidelines Manual.
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i) The proposed project is compatible with the surrounding future
25 land uses since surrounding properties are designated for
residential development on the General Plan.
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'C RESO NO. 2087 .2
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6) That all significant impacts have been mitigated, the project
has been changed so as to mitigate these impacts, or social or
economic factors exist which override these significant
impacts as described below:
3 A) Agricultural Resources
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Impact: The proposed project would result in the loss of
15 acres of agricultural land.
Mitigation: Under the County and LAFCO guidelines
the loss of agricultural land is a significant
impact. Under the City of Carlsbad Interim
Agricultural Policy, however, it is not. The impact
is overridden by the need for this type of housing
in Carlsbad and by agricultural preservation
programs implemented by the Coastal Commission.
B) Traffic Circulation
Impact: Traffic from the project would incur a potential
safety hazard due to the inadequate length of the
southbound ramps at the Carlsbad Boulevard/Ponto Drive
interchange.
Mitigation: These ramps will be lengthened per
condition of approval of this tentative map.
C) Archaeological Resources
Impact: The project would result in a significant impact
on an identified archaeological site.
Mitigation: A limited testing program followed by
excavation and documentation of the site, if
warranted, will be performed.
D) Air Quality
Impact: The project is considered to have an adverse
impact on the attainment of acceptable regional air
quality based on RAQS population projections presently in
effect.
Mitigation: The need to provide appropriate housinc
for the City of Carlsbad overrides this impact.
E) Hydrology
• Impact: Potential lagoon sedimentation impacts could
result from development of the site.
Mitigation: Conditions of approval have been place
on this tentative map which will control sediment
deposit. These include a desiltation basin and oth1 drainage structures.
F) Biological Resources
Impact: The project includes six tennis courts on the
lowland flat adjacent to the lagoon which will
significantly affect the nesting habits of two sensitive
bird species on the site.
Mitigation: These six tennis courts have been
deleted from the plan.
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PC RESO NO. 2087 .3
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1) Approval is granted for CT 82-18/CP-214, as shown on
Exhibit(s) A, B, C, D, E, F, G, and H, dated February 9. 1983,
incorporated by reference and on file in the Land Use Planning
office. Development shall occur substantially as shown unless
otherwise noted in these conditions.
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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.
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G) Visual Resources
Impact: The project buildings are large in scale and mass
as viewed from Carlsbad Boulevard.
Mitigation: The project has been redesigned so as
to open up the buildings to allow views through to
avoid the appearance of massive buildings.
Conditions :
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 sewe:
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 fea as required by Cit
Council Policy No. 17, dated 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 February 14, 1983, 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.
6) The applicant shall provide school fees to mitigate conditions
of overcrowding as part of building permit application. These
fees shall be based on the fee schedule in effect at the time
of building permit application.
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7) Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance (including height
restrictions) and all other applicable city ordinances in
effect at time of building permit issuance.
8) Water shall be provided by the city of Carlsbad unless some
other arrangement is approved by the City Council.
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PC RESO NO. 2087 .4
) 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 Land Use
Planning Manager prior to the issuance of building permits.
0) The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. These
CC&R's shall include the condition that the open space easement
area that is within the RD-M zone shall be maintained by the
homeowners in perpetuity. Said CC&R's shall be submitted to
and approved by the Land Use Planning Manager prior to final
map approval.
&'.1) The applicant shall prepare a detailed landscape and irrigation
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iand Use Planning
plan which shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
2) A 500' scale map of the subdivision shall be submitted to the
Land Use Planning Manager prior to the recordation of the final
map. Said map shall show all lots and streets within and
adjacent to the project.
3) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
14 4) 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 Land Use Planning Manager prior to
installation of such signs.
5) Trash receptacle areas shall be enclosed by a 6-foot high
masonry wall with gates pursuant to city standards. Location
of said receptacles shall be approved by the Land Use Planning
Manager.
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6) 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 Land Use Planning Manager and Building and
Planning Director.
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7) Approval of Tentative Tract No. CT 82-18/CP-214 is granted
subject to approval of Zone Change ZC-260 and the approval of
the annexation of this property to the City of Carlsbad.
8) Prior to the issuance of a grading permits, the archaeological
site on the property shall be investigated as recommended on
Pages 3-31 and 3-32 of the Draft Environmental Impact Report
for the site dated September, 1982.
3C RESO NO. 2087 5.
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Engineering;
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available to serve the subdivision.
12 22) This project is approved upon the express condition that
19) The developer shall grant an open space easement over that
portion of the property within the open space zone (Lot #3)
and over the property designated open space easement in
Exhibit "E", dated February 9, 1983. This entire area shall
be considered a wildlife preserve, allowing only pedestrian
trails, erosion control structures, underground easements, and
view points, as approved by the Land Use Planning Manager.
This easement shall be dedicated prior to final map approval.
20) The developer shall construct a meandering walkway along the
western property line from the condominium project to the
Carlsbad Boulevard bridge over San Marcos Creek. The east
side of this walkway should be landscape screened to prevent
pedestrian traffic from interfering with bird nesting on the
lowland flat.
21) This subdivision 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
building permits will not be issued for development of the
subject property unless the City Engineer determines that sewer
capacity is available at the time of application for such
permits and will continue to be available until time of
occupancy. This note shall be placed on the final map.
23) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
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24) The grading for this project is defined as "controlled grading"
18 by Section 11.06.170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a civil
19 engineer whose responsibility it shall be to coordinate site
inspection and testing to insure compliance of the work with
20 the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
25) 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 contoui
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.
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the affected properties.
PC RESO NO. 2087 6.
26) No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
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27) Prior to the issuance of a grading permit, the haul route shall
be submitted for review and approved by the City Engineer. A
separate grading plan shall be submitted and approved and a
separate grading permit issued for the borrow or disposal site
if located within the city limits.
28) Additional drainage easements and drainage structures shall be
provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City Engi-
neer.
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29) The developer shall construct desiltation/detention basins of a
7| type and size and at locations as approved by the City
Engineer. The developer shall enter into a desiltation basin
8 maintenance agreement and submit a maintenance bond
satisfactory to the City engineer prior to the approval of the
g final map for this project. Each desiltation basin shall be
serviced by an all weather access/maintenance road. The
10 provisions of this agreement shall apply to any off-site borrow
sites which may be utilized in the construction of this project
11 as required by the City Engineer.
12 30) The drainage system shall be designed to ensure that runoff
resulting from a 10-year frequency storm of 6 hours or 24 hours
13 duration under developed conditions, is equal to or less than
the runoff from a storm of the same frequency and duration
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storm durations shall be analyzed to determine the detention
15 basin capacities necessary to accomplish the desired results.
31) Avenida Encinas shall be dedicated by the developer along the
subdivision frontage.based on a right-of-way width of 84 feet
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occupancy of any buildings.
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32) All land and/or easements required by this project shall be
granted to the city, without cost to the city, free and clear
of all liens and encumberances.
33) 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.
34) Avenida Encinas shall be improved by the developer along the
subdivision frontage based on a curb-to-curb face width of 64
feet and in conformance with City of Carlsbad Standards prior
to occupancy of any buildings.
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frontages in conformance with City of Carlsbad Standard;
PC RESO NO. 2087
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The developer shall install street trees at the equivalent of
40-foot intervals along all public street frontages in
conformance with City of Carlsbad Standards. The trees shall
be of a variety selected from the approved Street Tree List.
The developer shall install sidewalks along all public street
frontages in conformance with City of Carlsbad Standards prior
to occupancy of any buildings.
The developer shall install a wheelchair ramp at the public
street corner abutting the subdivision in conformance with City
of Carlsbad Standards prior to occupancy of any buildings.
The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
The developer shall re-construct the south bound offramp and
the south bound onramp to Carlsbad Boulevard in accordance
with City of Carlsbad Standards prior to occupancy of any
buildings. The re-construction shall also include all signs
and stripping necessary to merge on and off Carlsbad
Boulevard.
If Avenida Encinas is downgraded from a secondary arterial to
a collector the design as shown on the tentative map may be
used. Otherwise the centerline curve radius at the railroad
crossing must be a 550' minimum.
Prior to final map approval, the applicant shall enter into an
agreement with the City of Carlsbad to participate in and not
oppose the formation of a private or public assessment distric
for the sole purpose of the design and construction of the
Avenida Encinas bridge crossing over the AT & SF Railroad
easement.
A temporary turnaround, offset to the north, shall be
constructed at the easterly terminus of this project.
The design of all private streets and drainage systems shall b
approved by the City Engineer prior to approval of the final
map. The structural section of all private streets shall
conform to City of Carlsbad'Standards based on R-value tests.
All private streets and drainage systems shall be inspected by
the city, and the standard improvement plan check and
Inspection fees shall be paid prior to approval of the final
map.
All private streets and drainage systems shall be maintained t
the homeowner's association in perpetuity. This responsibilit
shall be clearly stated in the CC&R's.
PC RESO NO. 2087 8.
1 46) Approval of this tentative tract map shall expire twenty-four
months from the date of City Council approval unless a final
2 map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied at the
3 discretion of the City Council. In approving an extension, the
City Council may impose new conditions and may revise existing
4 conditions.
5 Fire Department; .
5 47) Additional public and/or on site fire hydrants shall be re-
quired if deemed necessary by the Fire Marshall,
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48) The applicant shall submit two (2) copies of a site plan
8 showing locations of existing and proposed fire hydrants and or
site roads and drives subject to the approval of the Fire
9 Marshall.
10 49) An all weather access road shall be maintained throughout
construction.
11 50) All required fire hydrants, water mains and appurtenances shal.
12 be operational prior to combustible building materials being
located on the project site.
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51) Proposed security gate systems shall be provided with "Knox"
14 key operated override switch, as specified by the Fire De-
partment.
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52) All private driveways shall be kept clear of parked vehicles a
16 fiH times, and shall have posted "No Parking/Fire Lane Tow Awa
Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
17 53) Fire retardant roofs shall be required on all structures.
18 54) All fire alarm systems, fire hydrants, extinguishing systems,
19 automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval
20 prior to construction.
21 55) Due to the distance of the project from existing fire
stations, all structures shall be fully protected by an
22 automatic fire sprinkler system.
23 Parks and Recreation
24 56) All manufactured slope areas shall be hydroseeded by a
hydroseed mix approved by the Director of Parks and
25 Recreation.
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28 PC RESO NO. 2087 .9
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 23rd day of February, 1983, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Marcus,
Rombotis, Jose and Rawlins.
NOES: None.
ABSENT: Commissioners Farrow and, Friestedt.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J.
LAND USE PLANNING MANAGER
PC RESO NO. 2087 .10
PROJ
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N
BATIQUITOS LAGOO
AREA & ZONING MAP
c
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ORDINANCE NO. 9678
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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 FROM A-70 (COUNTY) TO RD-M-(Q) ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF
BATIQUITOS LAGOON BETWEEN CARLSBAD BOULEVARD AND
THE AT&SF RAILROAD RIGHT-OF-WAY.
APPLICANT; SAMMIS CASE NO; ZC-260
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 from A-70 (County) to RD-M(Q) on property as shown on the map
marked ZC-260 - 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 29, 1979, and
amended on April 2, 1982, on file with the City Clerk and incorpor-
ated herein by reference, and according to the agreement executed
by the applicant for payment of said fee a copy of that agreement
dated February 14, 1983, 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.
EFFECTIVE DATE: This ordinance shall be effective thirty
lays after its adoption, and the City Clerk shall certify to the
idoption of this ordinance and cause it to be published at least
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1
once in the Carlsbad Journal within fifteen days after its
2
adoption.
3
INTRODUCED AND FIRST READ at a regular meeting of the
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Carlsbad City Council on the 15th day of March, 1983, and
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thereafter
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PASSED AND ADOPTED at a regular meeting of said City
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Council held on the 5th day of April, 1983, by the following vote,
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to wit:
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AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott
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NOES: None
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ABSENT: None
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13
MARY H. tfASLER, Mayor
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ATTEST:
15
ALETHA L. RAUTENKRANZ, City Clejrk
(SEAL)
2.
/?
PACIFIC OCEAN
A-70 to RD-f-Q
ZC 260
EXHIBIT A
BATIQUITOS POINTE
A-70 to
RD-I^-Q
LAGOON BLUFFS
I
N