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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 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 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 7 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 8 9 10 11 12i 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 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. 16 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. 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 - -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 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 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 2 3) The project is consistent with all city public facility pol- . icies and ordinances since:4 7 ft not be issued for the project unless the City Engineer determines that sewer service is available, and building 9 10 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 13 16 17 18 19 20 22 23 24 25 26 27 28 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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c 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. 6 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. 10 13) The applicant shall submit a street name list consistent with 11 Manager's approval prior to final map approval. 12 Engineering Department 13 14 15 16 17 18 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. 19 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. 21 17) Additional drainage easements and drainage structures shall be 22 provided or installed as may be required by the City Engineer. i 23 24 25 26 27 28 PC RESO NO. 2007 .4 7 8 9 10 11 granted to city free and clear of all liens and encumberances. 12 21) Public Street "A" shall be dedicated on the final map along the 13 19 22 23 24 25 26 27 28 1 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. 14 22) Direct access rights for all lots abutting Park Drive shall be 15 16 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. 18 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. 21 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 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 26) 27) 28) 29) 30) Fire 31) 32) 33) 34) 35) 36) 37) %^ ; _ . 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 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 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