HomeMy WebLinkAbout1985-10-01; City Council; 7817-1; Tentative Map Extension- South Laguna Riviera/""- •"*"'.CiwOF CARLSBAD — AGENbwABILL
10/1/85
DEPT.
TITLE:TENTATIVE MAP EXTENSION
CARLSBAD TRACT NO. 82-7
(SOUTH LACUNA RIVIERA)
DEPT.
CITY ATTY
CITY MGR.
\/
RECOMMENDED ACTION:
LU
>oCCa.o.
o<
oz3
Oo
No.Adopt Resolution
of time for Tentative
conditions .
approving a one-year extension
Map CT 82-7 subject to additional
ITEM EXPLANATION!
Carlsbad Tract 82-7 is a 46-unit subdivision located on the
south side of Park Drive across from the extension of
Neblina Drive. The Applicant is requesting that the
tentative map be extended until September 8, 1986.
The tentative map was originally approved on September 8,
1982, per Resolution No. 2007. A one-year extension of time
was granted on July 17, 1984, per Resolution No. 7672. The
Land Use Planning office has reviewed this project with
respect to current development standards and has found it to
be in compliance with the planned development ordinance.
The Applicant agreed to pay Public Facilities Fees with the
original application. The Developer executed the revised
Public Facilities Fee Agreement as required by Council
Policy No. 17. The Subdivider has signed an agreement to
waive a prohibition of new conditions.
FISCAL IMPACT;
This project is estimated to generate sewer connection fees
of approximately $46,000.00 and Park-in-lieu fees of
approximately $25,024.00 (46 single
$544.00 per unit). The exact amount
Fees are unknown until the applicant
for building permits. The project
family attached at
of Public Facilities
submits applications
should also generate
Water Capital Fees estimated at $40,480.00.
No detailed economic impact analysis of this development has
been conducted. While increased operating expenses related
to this development are expected to be offset from increased
tax or fee revenue, no exact percentage of offset can be
predicted.
Page 2 of Agenda Bill No
EXHIBITS;
1. Letter requesting extension dated July 16, 1985.
2. Location Map.
3. Plat Map.
4. Resolution No. jff/tfS approving a one-year extension of
time for TentativeMap CT 82-7 subject to additional
conditions.
5. Memorandum from Land Use Planning Office dated July 24,
1985.
6. Original Planning Commission Resolution No. 2007.
7. Memorandum from Land Use Planning Office dated Sep-
tember 17, 1985.
BUILDERS
and
DEVELOPERS
325 Elm Avenue
Post Office Box 1155
Carlsbad, California 92008
Phone 619/729-7911
Contractor's
License No. 161995
V
July 16, 1985
RECEIVED,
JUL181985
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
Engineering Department
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Re: CT 82-7 Tentative Map Extension
Dear Sirs:
We are hereby requesting that the City of
Carlsbad extend the Tentative Map for
CT 82-7.
In accordance we have enclosed the following:
1. Agreement For Waiver of Prohibition
Against the Imposition of Conditions Upon
the Approval of an Extension of a
Tentative Subdivision Map
2. Check in the amount of ^>382.50.
3. Signed Public Facilities Fee Agreement.
This Tentative Map expires on September 8,
1985- Therefore would you kindly set this
on the Council Agenda prior to this date.
Also would you kindly advise us as to when
this matter will be on the Council Agenda.
If anything further is needed, kindly feel
free to call.
Very Truly Yours,
L. R. Partnership
JLR/mrc
Enclosures
EXHIBIT I
RECEIVED
JUL 18 1985
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
LOCATION MAP
Z-
CITY MAP BOOK PAGE
PROJECT NAME
SOUTH LAGUNA RIVIERA
PROJ.
NO.
CT8Z-1
EXHIBIT
2
PLAT OF PROJECT
PUBLIC
ACCESS
SITE ACREAG-E
NO. or &A//TS
DENS /TV
/OO FT.
Z ONE TO
D£DjTCAT£D AS
SPACE
ACRES TO
*^D£DZCATED AS
OP£/V SPACE
SITE
8.0
VICINITYMAP
PROJECT NAME
SOUTH LACUNA RIVERIA
PROJ.
'-7
EXHIBIT
•'3
RESOLUTION NO. 8195
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP NO. CT 82-7 SUB3ECT TO
CERTAIN CONDITIONS.
WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a
tentative subdivision map may not be approved unless it is consistent with all
applicable general and specific plans; and
WHEREAS, the City Council of the City of Carlsbad on the 8th day of
September, 1982, adopted Resolution No. 2007 approving, with conditions,
Tentative Map CT 82-7; and
WHEREAS, the City Council of the City of Carlsbad on the 17th day of July,
1984, adopted Resolution No. 7672 extending Tentative Map CT 82-7 for a period
of one year to September 8, 1985; and
WHEREAS, Tentative Map CT 82-7 is now inconsistent with the General Plan
of the City of Carlsbad because the City Council has found that public
facilities are inadequate; and
WHEREAS, said Tentative Subdivision Map will expire on September 8, 1985,
and the Applicant has requested an extension of time which cannot be approved
unless the subdivision can be brought into conformity with the General Plan;
and
WHEREAS, the addition of certain conditions of approval to the subdivision
will allow— it to be found to be in conformity with the General Plan and the
Developer has requested the imposition of such conditions and agreed to comply
with them; and
WHEREAS, the approval of an extension of Tentative Map CT 82-7 subject to
such conditions, in lieu of denial of the map, will allow the project to go
forward avoiding the unnecessary delay to the City and to the Developer
involved with denial and the new application which would then be approved
subject to the same set of conditions; and
i subject to the same set of conditions; and
2 WHEREAS, both the Developer and the City wish to extend the map subject to
3 the additional condition;
4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
5 Carlsbad, California, as follows:
6 A. That the above recitations are true and correct.
7 B. That Tentative Map CT 82-7 is hereby extended for one year from
8 September 8, 1985, to September 8, 1986, subject to the execution and
9 fulfillment of all the conditions of Resolution No. 7627 and the following
10 additional conditions:
11 (1) This approval is expressly conditioned on the payment by the
12 Applicant of a Public Facilities Fee as required by City Council
.Policy No. -17, dated. February 24, 1982, and effective April 2', 1982,
13 on file with the. City Clerk and' incorporated herein by reference, and
according to the agreement executed by the Applicant for payment of
14 said fee. If said fee is not paid as promised, this application will
not be consistent with the General Plan and the project cannot
15 proceed and this approval shall be void.
16 (2) A 600" scale map of the subdivision shall be submitted to the Land
Use Planning Manager prior to the recordation of the final map. Said
17 map shall show all lots and streets within and adjacent to the
property.
18 (3) Any signs proposed for this development shall be designed in
19 conformance with the City's Sign Ordinance and shall require review
and approval of the Land Use Planning Manager prior to installation
20 of such signs.
21 (4) A uniform sign program for this development shall be submitted to the
Land Use Planning Manager for his review and approval prior to
22 oeccupancy of any building.
23 (5) All roof appurtenances, including air conditioners, shall be
architecturally integrated and concealed from view and the sound
24 buffered from adjacent properties and streets, pursuant to Building
Department Policy No. 80-6, to the satisfaction of the Land Use
25 Planning Manager and Building and Planning Director.
26 (6) The project shall provide bus stop facilities at locations subject to
the satisfaction of the North County Transit District. Said
27 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
28 designed in a manner so as to not detract from the basic
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architectural theme of the project and said design shall be subject
2 District.
3 (7) The developer shall display a current Zoning and Land Use Map in the
4 sales office at all times, and/or suitable alternative to the
satisfaction of the Land Use Planning Manager.
5 (8) All sales maps that are distributed or made available to the public
shall Include but not be limited to trails, future and existing
schools, parks and streets.
7 (9) Building identification and/or addresses shall be placed on all new
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to approval of the Land Use Planning Manager and North County Transit
and existing buildings so as to be plainly visible from the street or
access road; color of identification and/or addresses shall contrast
to their background color.
(10) Prior to occupancy of any units, the applicant shall construct a
directory sign at the entrance to the project. The design of this
sign shall be approved by the Land Use Planning Manager.
(11) If any condition for construction of any public improvements or
facilities,, or the payment of any fees in'lieu thereof, imposed by
this approval or imposed by law on this project are challenged this
approval shall be suspended as provided in Government Code Section
65913.5. If any such condition is determined to be invalid, this
approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of
law.
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C. That the Agreement for Waiver of Prohibition against the imposition of
conditions upon the approval of an extension of a tentative subdivision map
between L.R. Partnership, a Limited Partnership and the City of Carlsbad, dated
Ouly 16, 1985, on file in the Office of the City Clerk, is approved, and the
Mayor is authorized to execute such agreement on behalf of the City.
D. That this extension is approved in reliance upon said agreement. Any
legal challenge to or failure to perform said agreement or the conditions of
this resolution shall render this approval void and the map shall not be
final.
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- -PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 1st day of October , 1985 by the following vote, to
wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
yr
f M-^-T-C-y
MARY H. CASLER, Mayor
ATTEST:
/ /f/
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
v^t—/
EXHIBIT 5
MEMORANDUM I
DATE: JULY 24, 1985
TO: Scott Evans, Engineering Department
FROM: Chris DeCerbo, Land Use Planning Office
SUBJECT: MAP EXTENSION FOR CT 82-7
Please add"the following conditions to CT 82-7. Thank you.
1) A 600' 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.
2) 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.
3) A uniform sign program for this development shall be
submitted to the Land Use Planning Manager for his
review and approval prior to occupancy of any
building.
4) All roof appurtenances, including air conditioners,
shall be architecturally integrated and concealed from
view and the sound buffered from adjacent properties
and streets, pursuant to Building Department Policy No.
80-6, to the satisfaction of the Land Use Planning
Manager and Building and Planning Director.
5) The project shall provide bus stop facilities at
locations subject to the satisfaction of the North
County Transit District. 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 Land Use
Planning Manager and North County Transit District.
6) The developer shall display a current Zoning and Land
Use Map in the sales office at all times, and/or
suitable alternative to the satisfaction of the Land
Use Planning Manager.
7)
9)
10)
All sales maps that are distributed or made available
to the public shall include but not be limited to
trails, future and existing schools, parks, andstreets.
Building identification and/or addresses shall be
placed on all new and existing buildings so as to be
plainly visible from the street or access road; color
of identification and/or addresses shall contrast totheir background color.
Prior to occupancy of any units, the applicant shall
construct a directory sign at the entrance to the
project. The desian of this sign shall be approved by
the Land Use Planning Manager.
If any condition for construction of any public
improvements or facilities, or the payment of any fees
in lieu thereof, imposed by this approval or imposed by
law on this project are challenged this approval shall
be suspended as provided in Government Code Section.
65913.5. If any such condition is determined to be
invalid this approval shall be invalid unless the City
Council determines that the project without the
condition complies with all requirements of law.
CDD:bn
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c
EXHIBIT-6-
wit:
PLANNING COMMISSION RESOLUTION NO
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A 46 UNIT
TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
PARK DRIVE, IMMEDIATELY ACROSS FROM THE EXTENSION
OF NEBLINA DRIVE.
APPLICANT: KAMAR
CASE NO; CT 82-7/CP-209
WHEREAS, a verified application for certain property to
A portion of Lot I of Rancho Agua Hedionda, according to
Map No. 823, Assessors Parcel No. 207-101-11
has been filed with the city of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 25th day of
August, 1982, and on the 8th day of September, 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 Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:i
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the
Commission hereby APPROVES CT 82-7/CP-209, 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 7.3 du's/acre is below the density
range of 10-20 du/ac specified for the site as indicated on
the Land'Use Element of the General Plan. This slightly lower
,for_ tj^_reasotabedin the staf f
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3) The project is consistent with all city public facility pol-
. icies and ordinances since:4
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ft not be issued for the project unless the City Engineer
determines that sewer service is available, and building
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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.
-Q b) The Carlsbad School District has written a letter
indicating that school facilities will be available for
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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.
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
this project.
.. c) Park-in-lieu fees are required as a condition of approval.
_- d) All necessary public improvements have been provided or
will be required as conditions of approval.
e) 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
enable this body to find that public facilities will be
available concurrent with need as required by the General
Plan.
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.
t
5) This project is consistent with the proposed Agua Hedionda
Specific Plan.
6) This project as conditioned will not cause any significant
environmental impacts and a Negative Declaration has been
issued by the Land'Use Planning Manager on April 6, 1982 and
approved by the Planning Commission on August 25, 1982.
PC RESO NO. 2007 .2
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Conditions
1) Approval is granted for CT 82-7/CP-209, as shown on Exhibit(s^
n«n ii /i it "n" "P" " p " n ,-1 n -, „ j iirin J *. j » • i * ~ "•••*• \ »/A, C, D , h , F , G, and H , dated April 19, 1982,
and Exhibit "B", dated June 12, 1982, incorporated by reference
and on file in the Land Use Planning Office. Development
shall occur substantially as shown unless otherwise noted in
these conditions.
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 sewer
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 City
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 April 2, 1982, 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 to
the approval of the final map as required by Chapter 20.44 of
the Carlsbad Municipal Code.
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.
7) Water shall be provided by the city of Carlsbad unless some
other arrangement is approved by the City Council.
Land Use Planning Office ;
8) 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.
PC RESO NO. 2007 ' .3
9) 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.
3 10) The applicant shall prepare a detailed landscape, irrigation,
be accomplished with primarily native coastal species.
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11) All landscaped areas shall be maintained in a healthy and
7 thriving condition, free from weeds, trash, and debris.
8 12) Trash receptacle areas shall be enclosed by a 6 foot high
masonry wall with gates pursuant to city standards. Location
9 of said receptacles shall be approved by the Planning
Director.
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13) The applicant shall submit a street name list consistent with
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Manager's approval prior to final map approval.
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Engineering Department
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and perimeter wall plan which shall be submitted to and
approved by the Land Use Planning Manager prior to the
issuance of the building permits. Said landscape plan shall
the city's street name .policy subject to the Land Use Planning
14) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
15) The grading for this project is defined as "controlled grading1
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.
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16) No Grading shall occur outside the limits of the subdivision
20 unless a letter of permission is obtained from the owners of
the affected properties.
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17) Additional drainage easements and drainage structures shall be
22 provided or installed as may be required by the City
Engineer. i
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granted to city free and clear of all liens and encumberances.
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21) Public Street "A" shall be dedicated on the final map along the
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18) The drainage system shall be designed to ensure that runoff
resulting from a 10-year frequency storm of 6 hours or 24
hours duration under developed conditions, is equal to or less
than the runoff from a storm of the same frequency and
duration under existing undeveloped conditions, is equal to or
less than the runoff from a storm of the same frequency and
duration under existing undeveloped conditions. Both 6 hour
and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired
a type and size and at locations 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 the project. Each desiltation basin shall be
serviced by an all weather access/maintenance road.
20) Land for all public streets and easements shown on the ten-
tative map shall be dedicated on the final map and shall be
subdivision frontage based on a right-of-way half width of 30
feet.
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22) Direct access rights for all lots abutting Park Drive shall be
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waived on the final map.
23) 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 occupancy17..of any buildings.
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24) Park Drive shall be improved by the developer along the
subdivision frontage based on a centerline to curb face width
of 34' to accomodate a 68' ultimate right-of-way in conformance
20 with City of Carlsbad Standards prior to occupancy of any
buildings.
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25) The design of all private streets and drainage systems shall be
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
PC RESO NO. 2007 .5
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26)
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Fire
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%^ ; _ .
All private streets and private drainage systems shall be
maintained by the homeowner's association in perpetuity. This
responsibility shall be clearly stated in the CC&R's.
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
applicant. 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.
The applicant shall agree to utilize reclaimed water, in Type
I form, on the subject property in all common areas as
approved by the City Engineer.
The reclaimed water irrigation system shall be maintained and
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.
Irrigation systems to accommodate future reclaimed water shall
be designed and installed consistent with Title 17 of the
California State Administrative Code and city of Carlsbad
Standards. Offsite future reclaimed water distribution systems
should be anticipated by the installation of adequately sized
sleeves at crossing points to minimize street excavation.
Department
Additional public and/or on-site fire hydrants are required.
Submit two (2) copies of a site plan showing locations of
existing and proposed fire hydrants and on-site roads and
drives.
An all weather access road shall be maintained throughout
construction.
All required fire hydrants, water mains and appurtenances shall
be operational prior to combustible building materials being
located on the project site.t
All private driveways shall be kept clear of parked vehicles at
all times, and shall have posted "No Parking/Fire Lane Tow Away
Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
Fire retardant"roof s are required on all structures.
Brush clearance shall be maintained within a minimum distance
of 30 feet to each residence.
PC RESO NO. 2007 .6
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38) 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.
39) Building exceeding 10,000 sq.ft. aggregate floor area shall be
sprinklered or have four-hour fire walls with no openings
therein which shall split the building into 10,000 sq.ft. (or
less) areas.
Parks and Recreation Department
43) The southerly open-space lot shall include a bike rack
structure, drinking fountain, and a I'agoon ecosystem
educational kiosk.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on th
8th day of September, 1982, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairman Farrow, Commissioners Marcus,' Rawlins
and Schlehuber.
Commissioner Jose.
Commissioner Friestedt.
Commissioner Rombotis.
VERNON JJ. FARROW, JR.//Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
02*.
MICHAEL
LAND USE PLANNING MANAGER
PC RESO NO. 2007 .7
MEMORANDUM
Date: September 17, 1985
To: Engineering Department
From: Land Use Planning Office
Subject: CT 82-7 - LACUNA RIVIERA
With regard to reviewing the above tentative map (which is in for
a one year time extension,) relative to the City's current
development standards, it is concluded by staff that CT 82-7 is
in total compliance with the existing development standards and
design criteria of the Planned Development Ordinance. The
proposed density of 7.3 du/ac is also consistent with the revised
RMH (9.1-15 du/ac) General Plan designation for the property.
Carlsbad Tract 82-7 also designates 1.9 acres of wetland area to
the State of California. In that this wetland area is not
included for purposes of density calculations, this project is
also consistent with the City's newest policies for project
review.
Christopher D. DeCerbo
Assistant Planner
CDD:ad
EXHIBIT 7