HomeMy WebLinkAbout1990-03-27; City Council; 10555; Planning Commission Appeal The HamptonsCIT/ OF CARLSBAD - AGEND -- BILL 64 -c 6
ABf+w TITLE: APPEAL OF A PLANNING COMMISSION
MT& 3/27i90 APPROVAL OF CT 89-13/PUD 89-5/
DEPT. PI-N SUP 89-7/SV 89-3 - THE HAMPTONS
I RECOMMENDED ACTION:
City Council Resolution No.@
The Planning Commission and star&ire recommending that the City Council ADOPT
DENYING the appeal and UPHOLDING the
Planning Commission decision to APPROVE CT 89-13/PUD 89-5/SUP 89-7/SV 89-3
without additional conditions requested by the appellant.
I ITEM EXPLANATION
On January 17, 1990 the Planning Commission approved the Hamptons at a regularly
scheduled public hearing. The decision for approval was made after consideration and discussion of issues presented in the staff report, by the
public in attendance, and Commission members. Additional conditions addressing
those issues were included in the resolutions of approval.
Subsequent to the hearing it was discovered that noticing labels for the public
hearing, furnished by the applicant, were not from current assessor's roles and
not all current property owners were notified of the meeting. Staff compiled
a new ownership list and renoticed for a new public hearing.
On February 21, 1990 the Planning Commission conducted a second public hearing.
Several issues were again raised by the neighboring residents and additional
conditions were requested to be included in the resolutions of approval. The
Commission approved the project as proposed without additional conditions.
Approval was based on staff presentation, public input as reflected in the
minutes from the January 17 public hearing, and public input from those in
attendance at the February 21, 1990 meeting.
Because of the invalidation of the first meeting a new set of resolutions with
the same findings and conditions were adopted by the Planning Commission. The
latter set of resolutions are referenced in the City Council Resolution and the
earlier set of resolutions are not included with this agenda bill.
The Tu Casa Homeowners Association and neighbors, represented by Robin Putnam,
have appealed the Planning Commission decision in an effort to include the
attached conditions, listed l-7 on Exhibit "Z", to the project which the
Planning Commission chose not to include in the resolution for the following
reasons:
1) Additional public parking would require dedication of private property;
2) Onsite "private" parking has been provided above current development
standards;
3) A drop-off area on Laguna Shores Drive would delete available parallel
street parking spaces;
4) Public restroom facilities were not requested at the time of Planning
Commission hearings;
5) The reduction of five feet of parkway width would not conflict with
existing or future traffic and parking demands or pedestrian or bicycle
use;
-
PAGE 2 OF AGENDA BILL NO. 10; !%s
6) The proposed building heights are within development standards limits;
7) Wrought iron fencing is proposed in view sensitive locations on site.
In addition to the conditions, the appellant is requesting a waiver of the
$450.00 appeal fee. Although staff compiled the 600 foot radius map and labels
for the public hearing of February 21, 1990 from the most recent assessor's
information on file at the City at the time of hearing, there were those in
attendance who stated that they did not receive notification of the meeting in
the mail. At both Planning Commission hearings those raising the complaints did testify and that testimony was considered by the Planning Commission.
However, the appellant contests the validity of the noticing and is asking for
a waiver of the appeal fee.
ENVIRONMENTAL REVIEW
After review of the environmental issues, the Planning Director determined that
this project, with the implementation of mitigating conditions, will not have
a significant impact on the environment and, therefore, issued a Conditional
Negative Declaration on November 15, 1989. The Planning Commission adopted the
Conditional Negative Declaration Resolution on February 21, 1990.
FISCAL IMPACT
None
EXHIBITS
1)
2)
3)
4)
5)
City Council Resolution No. 90-80
Letter dated March 8, 1990 listing requested conditions
Excerpts from Planning Commission Minutes dated January 17 and
February 21, 1990
Memorandum to the Planning Commission dated February 21, 1990
w/attachments
Appeal form
-
RESOLUTION NO. 90-80
1
2
3
4
5
6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING A PLANNING COMMISSION DECISION TO APPROVE A TENTATIVE TRACT, PLANNED UNIT DEVELOPMENT, STANDARDS VARIANCE AND A SPECIAL USE PERMIT TO CONSTRUCT 42 TOWNHOME CONDOMINIUMS SOUTH OF PARK DRIVE AND EAST OF MARINA DRIVE IN THE PC ZONE, WITHOUT ADDITIONAL CONDITIONS REQUESTED BY THE APPELLANT. CT 89-13/PUD 89-5/SUP 89-7/SV 89-3 - THE HAMPTONS (APPEAL)
7 WHEREAS, on February 17, 1990 and February 21, 1990, the
8 Carlsbad Planning Commission considered a request for approval of
9 CT 89-13/PUD 89-5/SUP 89-7/SV 89-3, subject to additional
10
11
12
13
14
15
16
17
conditions requested by neighboring residents: and
WHEREAS, the Carlsbad Planning Commission approved
Tentative Map 89-13, Planned Development 89-5, Standards Variance
89-3 and Special Use Permit 89-7 without said additional
conditions: and
WHEREAS, the City Council of the City of Carlsbad, on March
27, 1990 considered an appeal of the Planning Commission decision
to approve CT 89-13/PUD 89-5/SUP 89-7 and SV 89-3 without said
18 WHEREAS, upon considering the request, the City Council
considered all input including staff reports and public testimony I
21
22
23
24
25
26
27
additional conditions: and
from two Planning Commission hearings and one City Council
hearing relating to the Tentative Map, Planned Development,
Standards Variance, Special Use Permit, and appeal thereof to
include the appellant's requested conditions; and
WHEREAS, the appellant's requested additional conditions
would not further the project's compliance with the General
Plan, applicable Local Coastal Program, and Zoning Ordinance.
.
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
of
1.
2.
3.
4.
5.
6.
7.
--
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
the City of Carlsbad, California, as follows:
That the above recitations are true and correct.
That CT 89-13/PUD 89-5/SUP 89-7/SV 89-3, as approved and conditioned by the Carlsbad Planning Commission comply with all applicable plans, policies and development regulations.
That the appeal of the Planning Commission decision to approve CT 89-13/PUD 89-5/SUP 89-7/SV 89-3 without additional conditions requested by the appellant is denied.
That the findings of the Planning Commission in Resolution Nos. 2982, 2983, 2984, 2985 and 2986, on file with the City Clerk and incorporated herein by reference, constitute the findings of the City Council in this matter and that no other findings are required or necessary.
That CT 89-13/PUD 89-5/SUP 89-7/SV 89-3 is approved subject to all conditions of Planning Commission Resolution Nos. 2982, 2983, 2984, 2985, and 2986.
That the ridge height of all structures shall not exceed 35 feet.
That the onsite fresh water ponds shall convert to reclaimed water subject to the approval of the California Department of Fish and Game when such a water source is available.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 27th day of March I
1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Mamaux and Larson
NOES: None
ABSENT: Council Member Pettine
ATTEST:
(SEAL)
2
MFtR-09-‘90 FRI 09:32 1D:CITY OF CHULFl .- .- ,, .-C---. . UISTFl TEL NO:FFIX 619 691 5171 8586 P02/03 . .
EXt-flBlT “2”
Maroh 8, 1990
Mr, Chrie Wertman City of Carlsbad Community Development Department
2075 Lae Palms Dr. Carlnbad, CA 92009
Dear Mr, weetman:
The following lirrt details the Conditione of Approval that the !I% Cama tiomeowner's Aesociation and Neighbars will be requeetlnq that the City Council impme on the project rererrea ~0 as 'rhe namptono.
1) The applicant ahould bm required to provide an additional 15-20 public parking spacee en the project rite outside of the project fence. The pro oecd project will remove approximately 4 public E par ing 6i propoered % aLo from Marina Drive becauee or tne rfveway and the areas wnere paming will need to be prohibited to allow vrhiclee to safely exit the project driveway. In addition, windeurfcre mteother day users curently park on the project That parking will no longer be available when'the project is implemented. Therefore, to ensure continued public access opportunities to the portion of Agua Hedionda Lagoon designated for paesive use, the City Counail ehould require public parking on the project eslta.
2) The applicant should be required to delete the CC&R that prohibits parking in project drivewnys, Allowing residents and their guests to park in the driveway@ will provide additional on-site "private" parkin 9 in addition to' the guest parking spaces. This w 11 help to ensure that the some parking on Laguna Shores Drive will be available for UBC by the general public to maintain coastal ace-8 opportunities.
3) A drop off area (for temporary loading and unloading of windsurfing equipment, etc,) should be required at the southern end of the Laguna Shores Drive cul-de-sac to facilitate public accesfi
opportunitie&
. . 1‘ltir~-w3- zw rK1 cm;33 ~~;LIIT ur ~nuLn i,‘i31~ ILL IYU:~HP. 012 CITA 3~ CA HJci’D l-W&. Ijj-------
.
.
c
41
51
6)
‘1
Publics restroom facilities should be rcquireU in, or adjacent to (if structures are not allowed In the 1000foot buffer area) the public accees area.
The applicant should be required to widen the Marina Dr. parkway to the full IO-foot width required by City standards. The b-foot area that the applicant has requested special permission to delete would provide a landscaped area to encourage pedestrian use of the area.
The applicant should be required to reduce the maximum buildin because the 1 height from 38 feet to 28 feet, add tional height is not required to ensure good design. The additional lo-feet wouldr however, block existing private views of the Lagoon from the north and the west.
The a plioant P should be required to use a fencing mater al that will not block public or private view8 of the Lagoon to accornpllsh the proposed 8nolOSure of the site. The fencing, as currently proposed, ha8 the potential to block views because a solid fence material ie proposed for at least the lower portion of CA8 fence.
Thank you for the opportunity to provide an explanation of the Conditions of Approval that we would like the City Council to consider for The Hamptons project.
Robin Putnam
for Tu Caoa Honmownerls Association and N8ighbore
MlN”TEs
January 17, 1990 PLANNING COf’@!ISSION Page 6 c
2) CT 89-13/PUD 894SUP 89-7/W 89-3 - m HANPTW? - A
roquut for approval of a Tantativa Tract Hap and
Planned Unit Davalopauat to dowlop 42 condominium units
on 7.8 wras of land lowtad south of Put Drive and
sut of Harim Drive in tha PC Zom, Local Puilitiu
Manag-t ZOM 1, and a Standards Varianu to rmduu
tha pathmy width from 10 feat to 5 feat and reduce the
sidewalk width 6 inchos on Marina Dricn.
Christor Uestmxa, Associate Plamur, reviouod tha background
of thm requut and statad that tha requut is for 42 air
spua condominium units located adjaunt to tha Agw Hodion&
Lagoon at the intusution of Park and Uadna DrFvu. Using
a wall diagram ha ducribed tha layout of tha projut and rtatd that than arm tw open spac~/vlau corridors uch
approxintoly 100 ft. in vfdth in addition to a 100 ft.
buffer paralla to tha shor8lina which hu bua idmtifiad for public l cus and rurution. Thm projact will k a gatod ccity and all units arm tw-story Capa Cod duigna
with tw car attach& garagu and outdoor private patios.
Ammitiu onsita include a miming pool and spa as wall as
so- aan-d ponds within the view corridors. A total of
4.7 acru hu boa duignxtmd u public and privxta coamon
open space which is approximatdy 60% of tha antirx sita.
Tha 8pplicant hu raquutad a standard8 variance from 10 ft.
to 5 ft. for the ustmrly right-of-way on Marina Drive. Tha
effect thix would hxva is that lmdsupin~ would be on
privxtx property ratbr than in tha City right-of-way. A
Special Use Pernit is baing rnquastad bacausa tha sit0 is in
a flood plain. Since the sita could k considarad l
potxntixl xrchmologicxl sit8 , a monitor will be on sitx
during tlu grxdinl procars. Staff rxcomondx approval.
Hr. Uostmm notxd that swatal modifications to the
rasolutionx ham bean provided by staff mxm dated
January 17, 1990.
Chairman Schram inquired what Modification #3 is for. Hr.
Wayna rspliad that ?a is tha saw as Condition U3 except
therm is an incorrect reform1 to thm Costa Real Water
District which should correctly rrfxr to the City Enginur.
B .-
EXHIBIT “3”
Erwin
Schlahubar
Schraam
Ervin
Hall
Hohu
Harcw
Kclrddon
Schlahubor k
.
MINUiiS
Comisriorut Rnin wuld liks Condition i?l, R8solutfon P296S.
am8nd8d to stat* that a monftor “apptovd by tha ~llnning Dirutot” ~I1811 k requfrsd onsIt@ during all grading
activity... Gary Uayn8 rsplisd that th8 monitorfnu
t8sponribiliti8s us rttrchd to ths Conditional N8gativ8
Chclar8tion and th8 monitor must b8 approv8d by th8 Planning Dapsrtmnt throuBh th8 Plxnning Dirrctor.
Coaiuionsr lnin inquimd if th8rs will k 818vation8
around th8 pool and if it will affect tha visu corridor. Mr.
Wsata8n r8pli8d that th8 pool houx8 will k 9.5 ft. l bov8 su
18v81 and will k l pproxlmxt8ly 20 ft. in hsiBht. Thorsfora, it could k corui&md an obstruction to vim18 from Park
Drlv8.
Chxlrpun Schrn rsquutsd x corractioa to Ruolutfon #2966
in th8 tltls, to rmov8 ths word “rscIin~,” and in
paragr8ph B) to sliainat8 th8 word “rse~.”
Comirsianu WP8dd8m inquir8d vh8th8r th8 mia88rina
Dapartmmt would prsfsr a gr8drul undulatizq slop8 in th8
opam spaca touard the lagoon or a strxi$ht rstaining wall.
Hr. Wojcik r8pli8d thxf staff would p-far tha u&&tint
slops ovsr ths ~11. m xlt8rnativ8 wax rhoun on t& trut
map in cam th8 Coutal Colfssion or Dsputnnt of Fish and
Cu. would require l wall rxth8r than x slop8 uithln ths
100 ft. buffer.
Coaiufonsr !4chddsn inquirsd vhsrs ths nsuut pubilc
accus to ths lagoon vould b8 lout8d. M. Uojcik rspli8d that it would k loc8md off LA- Shotu Drfv8, which is the nsu road undsr colutruction to ths sut of Marina Drfv8.
Cwissionsr Ncluid8a would lik8 to SW 8 condition add8d to
rrquin ml88vins for rsclaimd u&at.
Coais8icnu8 lkhddsa, E811. HOW. aad Scbhhubmr all
disclowd for th record that they had discumud ths trail’
ayrtr uitb th applicant’s attommy, Nicholas Rmcln.
Ch8irrm Schrm op8md ths public tutimny and isnud th8
invitation to sp88k.
Nicholu Bacha, 810 I’Ns~ion Avann, Oc881Wd8, ths attornay
rspruatin# Rainston Prop8rtiu. addr8888dth8 ComiS8ion and stat& that ths tanants of tha condorfnirv will only own
th8 int8rior spac8 of th8Fr spaclffc uuit and that ths
uscciation will oun warything 8188. Th8 projsct m88t8
story rtaadard uc8pt for th8 right-of-usy. Iia strusd that
Raingtoa Rop8rtiu us build8rs and us not spuul~torr aad
cftsd many of thsir variow projscts locatd in Dmu Point, San Clamme& etc.
Dxn8 Biskr, Vies Pruideat/Raaingtoa Ropsrtiur 3 Monarch
Bay Plus. Suits 302. South La~unx, xddrrund ths Cosis8ion
and statad that they havm taka sp8cixl 8ffortx to dasiga b
quxlity projsct and will comply with th8 stxff rsc~tion
to provfda sidw8lka throughout ths project. Th8y hav8
rscsiwd may wuds for thsir architactura and f8sl that
this projsct vi11 b8 a quality addition to Carlsbad. Thsy
rsqtustsd approval of the projsct.
Comissionsr Eolmr coamndad lir. Bi8kr on th8 8xc8118nt
d8sign of ths proj8ct but h8 does hxv8 x problr with th8
height of ths rcc8ssory buildings. KS. Bisb8r tsplisd that
ths ~cc8ssory building can bs lovsrsd to x sins18 story.
\ 2
Ju-ty 17, 1990 PLANNING C’%?‘fISSION Pa* 7 COMMISSIONERS Lb ’ 9
t
I
(
I , 1
-.
MINUTES
January 17, 1990 PLANNING COIWISSIOR page 8 corn
CO~i'Srionsr HcPadd8n inquired if therm wuld b8 public
aCCU* Off Marin8 Drive. us. Bieb8r feels than is enough
COOPl continw th8 trail to Karina Drive. Hat firm plans to
d88d tit18 to the tr811 land t0 the Coastal Conrission.
LU Willimxu, CRP hSOCi&tSSr 600 Andmuon, bcondi&,
rddnsssd th8 Coamission and stat8d th8t ha is l plmsr
vorkinB with th8 applicant. Iis s88s no problr with the
public ace888 on l48rins or lov8rfnB th8 hsfght of th8 SCCSSSOrY StrUCtWS. Rsg8rding the slop88 versus l ~811. his
prSfSr8ZlCS is th8 Slop8 which h8 fUb Will b8 SCC8ptbbla to
the Dopmtmmt of Fish and Cam8 and th8 Comtal &mission. The crib wall is suBBut8d 8x an 8lt8rnatfv8. Ha not8d that
the op8n sp8cs will be ovn8d in conmon and will b8 v811
m8intain8d.
Chairmu Schru inquind if th8n will b8 gates around ths
iM8r lrlu or vhsth8r pSOp18 CSU Vati up t0 th8 VatSI. Mr.
Uillinur replied that there would b8 g&tam.
Comisrionsr tW8dd8n inqufr8d vh8r8 ths tr811 vould k
located and Hr. Willipvn shov8d it on th8 ~811.
C&is8ionsr Enin inquir8d if thsr8 vould b8 l valkvay
within th8 100 ft. buffer. Hr. Wlllia8n rspli8d that thus
would b8 a valkvay a8 US11 u hdSC8~.
Co~isatonsr Bnin inquimd if ths buffer 8r88 wuld k
d88d8d to th8 Stats. Hr. Uilliaan rspli8d that thsy hop8 to
d88d th8 buffer to the Stats or sow othsr public 8ntity as a
gift to hold in perpetuity since this will 8nSurs that no
d8VSlOpmt will b8 panriittad in thbt buffer.
Randi Fj88r8nr 0566 Boriton Drive, Carlsbad, 8ddruud the
Comisaion and ststsd that sh8 1iVSS in the C8pri kfslopmnt
and would lika to su the City of Carlsbd tska tha
initiatftn to putchum 1aBoon access rath8r than p8mit
dav8lOpmmlt. She vouid like to 888 l rau l roUt8d ths Agua E8dLondsLqoal r-in pru*rv8d1n 0$8fI sp8CS.
Rokrt Famar, b720 Park Driv8, Carl&ad. ddrusad ths COdSSi~ uld Stat8d that ha liV88 OppOSit.8 VhUS th8 n8V
rtrmat will k constructad and ha is concsrnd about th8
traffic aloat Park Driv8 kcau~s it is difficult for him to
get out of hi8 drivsv8y now and it will b8 alDO8t impossible
vh8a the strut and d8v8lopmnt occura. 88 inquir8d vh8th8r
fill would k broqht in since ths prop8rty drop8 off about
hxlfvay in.
Sharon Glancy, 4717 nsrins Driva, Carl&ad, addrsm8d ths Conmis8ion and ststsd that shs is not in Sat-t with the
vsriancs r8qUUt since parkinB is such a big problr 8lOng
Park Drive and tlarins Drive. She suhftt8d photo8 of th8
l ru which arm in&add with the minutu.
Rokrt Ellis, LB20 Va18ncia Av8nu8, Carlabad. Sddru88d the
Comission and stated that ha his liv8d in the l ru for four yurr . ffa c8ms from Los Angeles to get SVsy from huvy
d8VSlO~t and traffic and ha is opposd to th8 project
because it will oncroach on his lif8styl8.
Wynn Da Thoau. 4747 Marina Drive, Carl&ad. addressed the
Conmission and stated that she objets to the vSriMC8 and
ssss no ruson why existing rasid8nts should suffer boCaus8
Of new daVSlOpm8nt. She would like to know who will maintain
the trail and the buffor areas. She likes the IdSa Of a
. *- . MWTks
treil but f8818 that parking is 8 problu nov and will g8t vorei’.
Robin htnea, 4519 Cow Drive. C8rlsbsd. l ddrsss8d the
CoaisSion end r88d aloud a 18tt8r to th8 Planning Comission
which will b8 plac8d on film in the PlanninR Dspsrtmant vlth
the minutu. Rh8 is oppos8d to (1) th8 visibility of the RV
stOt8g8 bras, (2) th8 8l8V8tiOn which is higher then uisting
dsv8loplrat, (3) vi8v imp8irmSntr (0) SSrioue parkins
probl- SlonR l¶arins Dtiv8, (5) l dv8rSs inp8cts csue8d by
drsfnegs 8nd sikstion in ths 18gOOfI, and (6) 8ff8cts on ths
100 yur flood plain dua to the hQh v8tSr conditione during
high tide.
Coaierionsr 511 inquired if Hr. Rutn88 wuld b8 against
public ICCSS8 on Marina DriVS. She rspli8d that sh8 would ba
against it and would prefer the PCC888 to b8 from th8 n8v
str88t.
Jo8 Si~n~n, 4767 Marina hive, Csrlsb8d. addrumd ths
Co~is8i0n and l tst8d that ha has liwd in ths sru for 12 YSSrS . 88 f8818 that the parklng problrr an ssv8r8 nov end
can only #at wrss with d8v8lopm8nt.
Caissionsr If811 inqufmd if ha thought public s~~sse off
Marine Drtva would b8 dstrim8ntsl end ha rapliod that it
vou:d.
Philip Cries, 4546 Rorizoa, Carl&ad. addassd thm
CO~SSiOfl Md StStSd thbt ha is 8 jomar end Ofta lltlu l lonR Part Dtiv8 8lthouRh it is S&OSt irporsfbla dru to the huvy traffic. Rs noted that th8rs is no provision for
curbside parking in the Hempton dsv8lopmnt. Ha uid8d thet
on Vszm d8yS that8 era 10-50 vshiclu pbrkd in th8 SrSS for
vindSurfinR purposu.
Mr. BUlCh8 VU tiV8n UI Opportunity fOt rSbUtt81. b StStSd that Park Drivm is the most studied sru in Carlsb8d aad this
prOj8Ct is providinR 20 p&rkinR l p8cu vh8n only 13 sr8
rsquimd. Ths PWjSCt masts 811 rsquirasnts, is b8lov th8
provth control point, and the applicant is givinR 3.5 acre’s
&v&y. 88 addad that the CC&R's will not l llov lsr~8 rscrutionsl cnhiclu.
Coais8hnsr Irvin is concernad about parkins blockin the
SidWS~. Es would like to sea 8 condition edd8d to
prohibit care from blocking the sid8v8lkS. Fir. Butcha
rspli8d that th8 CC&R's addrsseu this problr.
ComiSSiolur R8lf would like to knov vho will n8iXltSin the buffer. Hr. B8nch8 rspli8d that ths hom8ovn U’S ~SOCiStfOll
will Uizltbin it ~n18#8 the propatty is Riv8II to th8 St&t8 Of
C8lifOrfli8.
Co~i8sionsr Rrvin wuld prefer to 388 slop8e rather than 8
crib ~811. Hr. Ban&s r8pliSd that th8 slop8 d8cielon will
bs msds by ths Coastal Cwission.
Comis8ion8r Hdedd8n Ssk8d Mr. Bach8 to respond to the
co-t8 rSR&rdinR the possibility of floodinR. t+r. hnch8
replied that the Army Corps of Rngin88rs studied the are8 and
this project will not have the problsae that Bristol COVS now
has with high VStSr lsv8ls.
Therm b8ing no other parsons dssirins to address the
Comissfon on this topic, Chairman Schrm d8clar8d th8
Janu8ry 17, 1990 pmING COM4ISSION Pal* 9 COMMISSIONERS
, -.
MINUTES
public t88timony closed end op8n8d the itsm for discussion
-4 ths Cmieeion mambsrs.
Co-ieeion8r lie11 inquired what the pbrking rsquirm8nts VSfS
vh8n Bristol COVS VU built. Hr. Wojcik rapli8d that thSr8
Vu n0 gUSAt parking end the rsquir8mnt vu for one parking
sp8c8 par unit. Now therm era two specu rsquir8d par unit.
Comisrion8r Kell inquir8d hov meny pArking epscu that 45 dSgr88 en818 pArkin wuld edd. Mr. MjCik rSpli8d that it
would double ths parking.
Comiesionsr Hell inquimd hov wide th8 strut wuld heve to
be for en&S p8rking. Fir. Wojcik rspli8d that en edditionel
15 ft. would b8 ns8d8d.
Cdssionsr 0~11 rsksd staff to Crt on ths soils study. Mr. Wojcik r8pliSd that it VU rSViSV8d by th8 Enginuring
D8psrtmnt end noted that Cerlsbed bee ths strictest erosion
policy in th8 St&t8 Of CSlifO~iS.
Coamissfon8r till rsk8d staff to cat on ths propomd
eccus on Marina Drive. Hr. Uojcik r8pli8d that therm
spp8ers to b8 en existing parking problr. If vindaurf8rs
would sccus th8 lagoon from Laguru Shots Drive, it would
8~~8Vi&t8 SQY Of th8 problae On !tUiM.
Coemissiormr Hall inquired if my thoqht bee bean given to
Acquiring lend Along the ehon fOt VindSUrfing~ Hr. UOjCik
rspli8d that ths City hu not consid8nd acquiring public
lend end therm eppurs to b8 l d8quets SpUS for vindmuf8re.
Chairma Schru inquimd where ths 60 parking ep8cu wuld
b8 1OCStSd. fir. Uojcfk rspli8d that thsy wuld b8 1OCStSd
along Perk, km Shoru, end f4srins.
Coairsionsr kFedd8n inquird if th8n wuld b8 8
homoumr’s usocistion end Mr. Uutmea r8pli8d in th8
aft irmtivs.
Coal88fon8r I'khddan think2 8 solution to th8 pArkin
problr n88dS to k uplored.
Comissiomr E8ll c8n eupport ths pl'Oj8Ct. ti thfnke it will
k aa usst to Carl&ad kcsus8 it is upp8r sc8l8 end ~11
d8siBmd. 88 is vrsstling with !hrina Drive b8aueS ha fO8lS
that public 8cc8se on krin8 will sx8c8rb8t8 ths parking problr. Ths Coutel Commission mey d8mrul ec~u8. howvsr.
Coaiuionsr Holm88 cowtad that the psrkin# problr go88
buk a long WAY. Any buildings going into Bristol COVS today
face 8 parking problr end ha ssu no Mswr to it. ti
thinlu the propoed project is 8 good use of ths propwty end
ha would like to ~88 8 trail on 5rfM.
Conm.lseionsr UcFsdd8n 8gr888 with ths coants med8 by
Cotmiseion8r Holm88. She would like public 8CCue on Herin
becauSe th8 b88chSS era for all citir8ne end that WAS the
intention of the Coastal Co~fseion Act. She is sorry that
thSr8 is no foundation to PrOtaCt the Agub ti8dionde L2goOn.
Comissionsr Enin CM support it with lover l ccaseory
buildings in th8 view corridor, public eccsse on bierins.
reslssving for rsclaim8d water, CC&R’s to restrict vohiclss
blocking sidsvetis, and no structur8e within the 100 ft.
buffer.
\ d
January 17, 1990 PLANNING COM4ISSION Pa84 lo COMMISSIONERS
i, s\ % t i 1 , 1 I I I
1
i t / I
MINUI-ES
January 17. 1990 PUNNING COWISSION Pegs 11 COI
COsPfSSiOnSr theus thinka it is an SXC8118Clt profact end
would lik8 to sea public ecesse on Herins b8csues it is good
for pSOp18 who like to Walk.
Coenission8r SchlShub8r would prefer public eccsee on Metine
but fS COncarrmd About RV pArking. RS would like 2 condition
to prohibit RV parking.
Chairmen Schru inquirad how meny RV’S would fit in tb
dasigluted sru. Hr. ~sstmen replied that 2-3 would fit.
Hr. Wayne rspli8d th8t th8 CC&R’s can restrict th8 height of
the RV’s to the height of the f8ncing (7 ft.) end the
8pplicent is willing to ACcSpt that r8striction.
Chairmen Schrem likes the project end Cen support it. She
has A problem with the trAi1 on HerinS Driva b8c8us8 of the
prrking but sh8 f88ls it is isportent to hev8 public 8~~8ss.
Comiseioasr Schlshukr ukad staff to commit on ths com8nt
mada &Out gr8d88. tfr. Westmen replied that the fInishad
gr8ds SdjSC8Tit to Park hiV8 would b8 the sem 8s Park Drive
and would lowr 8s ths propsrtp nurs tha hgooa.
Ch8irmen Schrm inquir8d &out the l id8vslk width. Hr.
Wojcik rspli8d that the sid8vblks wuld b8 2 ft. to bSl~C8
the StrSSt. ThS cod8 CA118 for 02 inch88 tot&l 20 2 ft. On
each side of th8 strut wuld b8 8&m the ainimm stendard.
ffotion vu duly made, sscond8d. and csrrf8d to adopt
Pluming Coaission R8solutioa No. 2965 Approving th8
Condition81 Nsgstivs D8clsretion issusd by th8 PlemAng
Director and sdopt Plenning Coemiesion Ruolution NOB.
2966, 2967, 2966, and 2969 approving CT 69-13fPUD 69-51
SUP 89-7, end SV 69-3, rssp8ctivsly, bu8d on ths findings
end subject to the conditions contsin8d Umrsin, with
modifiC&ti~ 8s Out1in8d in the Staff mao &t8d Jenuery 17,
1990 8nd th8 following edditiOna1 COnditiOMt (1) the
inStbl&tiOa of v8tSr linu for rSCl&iBd VStSr; (2) bath
how lov8r8d to one story; (3) public ACCUS v&&f&y to
connect with IkiM Driv8, (4) 7 ft. h8ight limit for RV
paking 8ddd to ths CC&R's, (5) no structuru Within ths 100 ft. buffer, ucspt 8 sid8vslk, (6) no v8hiclu blockin@
SidSVSlkX within th8 d8VSlOpUnt. and the Strbta Ci’W@U to
Rssoluttoa Nos. 2966 end 2967 to rsmcvsd ths words
“rSColrrrdill8” and “rSC-d8. ”
Comission rscussd st 9:35 p.m. end
Comfssionsr Schl
should b8 AU&f8 t
will b8 a worksho
opportunity for t
p18 in ths 8udiulc8 itr only end therm
ths r8com8n&tions
\ 5 ,
IISSIONERS
Eniin
Ii211
Holmse
Kercus
McFadden
Schlehubsr
Schream
Fi 1
I
I I / /
1 !
!
I I
i
I
I
MINUTh
\ 3
February 21, 1990 PLANNING COMMISSION Page 4 COMMISSIONERS
grees with the comments which have b
Motion was duly ma Planning Commission
. 2976 and 2977
nditions contained there
3) CT-89-13/PUD 89-5/SUP 89-7/SV 89-3 THE HAMPTONS - A
request for approval of a Tentative Tract Map and Planned Unit Development to develop 42 condominium units
on 7.8 acres of land located south of Park Drive and east of Marina Drive in the PC Zone, Local Facilities
Management Zone 1, and a Standards Variance to reduce the parkway width from 10 to 5 feet and reduce the sidewalk width 6 inches on Marina Drive.
Commissioner Hall announced that he has a conflict with this
item and left the room.
Gary Wayne, Assistant Planning Director, reviewed the background of the request and stated that the Hampton was
approved by the Planning Commission on January 17,199O at a regularly scheduled public hearing. However, labels for noticing for the public hearing, furnished by the applicant,
were not from the current assessor's rolls and not all current property owners were notified of the meeting. Staff
has since compiled a new ownership list and reissued the notice for public hearing. No new information was added by
staff.
Chairman Schramm opened the public testimony and issued the
invitation to speak.
.Nick Banche, 810 Mission Avenue, Oceanside, attorney for the
applicant, addressed the Commission and stated that he is available to answer questions and would like an appropriate
'response time for any issues which may be raised.
Tom Frey, 1840 East Pointe, Carlsbad, addressed the
Commission and stated that he was concerned about the easement area for public beach access which runs alongside the property. He would like to know if the applicant is
responsible for the beach area and is concerned about the liability which would be transferred to homeowners and the public. He is also concerned about the parking shortage
along Park Drive and Marina.
Commissioner Erwin asked Mr. Frey what he would recommend
regarding the liability issue. Mr. Frey replied that he doesn't feel homeowners should be responsible for beach
activities when there is public access. He thinks the City or State should maintain the beach.
Tom Shaffer, 514 Rockport Court, Leucadia. addressed the
Commission and stated that he has been using the lagoon for windsurfing for many years. Because of the proposed public access, he feels there is no allowance being made to protect the bluff. He would like the setbacks to be measured from the bluff itself rather than the wetlands. He thinks
Erwin Hall Holmes
Marcus McFadden Schlehuber
MlNlJlh
.
adequate parking should be available for at least 20 vehicles. Mr. Shaffer would like to see the cul-de-sac designated "no parking" to protect the bluff and the fragile sand accumulation. He submitted a petition on behalf of the windsurfers which is on file in the Planning Department.
Commissioner McFadden asked Mr. Shaffer if he would also recommend some restriction on the time allowed to park. His main concern is the need for some place to drop off
passengers and equipment. As far as the parking time. 3-6 hours would be sufficient.
Commissioner Holmes inquired if the parking for 20 cars would be for the public. Mr. Shaffer replied that there should be
on-street parking for 20 cars for day users, with a no parking zone at the end of the cul-de-sac.
Robin Putnam, 4519 Cove Drive, Carlsbad, addressed the Commission and stated that the Commission may have
misconstrued some of the public comments at the last meeting. She feels the neighbors are not opposed to the project but
that some conditions need to be added to ensure that the project will be an asset to the community. She offered several suggestions: (a) there should be a 28 ft. height limitation on the buildings so as not to impair views; (b) all parimeter fencing should be constructed of a material
such as wrought iron which will not impair views to the
lagoon; (c) in addition to on-street parking, the applicant
should provide 15-20 public parking spaces on their property, close to the public access point on Laguna Shores Drive, to
alleviate the parking shortage which will be created.
George Williamson, 4705 Marina Drive, Carlsbad, addressed the Commission and stated that he just moved here on November 15,
1989 and has noted the congestion on Marina Drive. It is difficult to exit his underground garage onto Marina because
there is so much traffic. He would like to be placed on the mailing list for notices because he is not on the tax role at
this time.
Clint Cowey, 4747 Marina Drive, Carlsbad, addressed the
Commission and stated that he enjoys all of the recreational uses of the lagoon. He likes the project but thinks there
needs to be some place where windsurfers can drop off their boards because they are too heavy to carry very far. He
thinks a 20 minute loading zone needs to be provided close to the water. He is very concerned about the shortage of parking spaces and the fact that the project's exit on Marina
Drive will cost the equivalent of 3-4 parking spaces.
Sharon Glancy, 4747 Marina Drive. Carlsbad, addressed the
Commission and made several suggestions: (a) keep the
sidewalk at full size for better public access; (b) widen the street to 32 ft.; (c) require 20 ft. driveways within the project to accommodate a total of four cars; (d) provide
ingress on Park Drive rather than Marina; and (e) provide
sufficient parking for day users. She provided a copy of her written statement which is on file in the Planning Department.
Wynn DeThomas, 4747 Marina Drive 1118, Carlsbad, addressed the Commission and stated that for the second time she did not receive notice of this meeting. She feels that the public
hearing is illegal and that her rights have been violated.
\ 3
February 31, 1990 PLANNING COMMISSION Page 5 COMMISSIONERS
I
I
She has lived at her present address for five years. She found out that a notice was mailed to the resident in Unit 1116 who lost interest in the property one and a half years
ago. She submitted several photographs of the project site
which were taken on Saturday, February 10, 1990, at 2:00 p.m. The pictures reflect the parking congestion along Marina
Drive and are on file in the Planning Department. She would like to see the planned exit on Marina Drive moved to Park Drive.
Nick Banche. 810 Mission Avenue, Oceanside, attorney for the applicant, was given time for rebuttal and stated that no
issue was raised tonight which was not raised at the first meeting. He reviewed the project amenities and stated that it meets all requirements of the Agua Hedionda plan, the
General Plan, and the zoning ordinance. In addition, it satisfies every City requirement, is below the growth control
point, dedicates 4.20 acres to view corridors, and provides two parking spaces for every resident plus 13 guest parking
spaces. In addition, the applicant is providing 46 new parking spaces on the street. He feels the project will be
an asset to the community.
There being no other persons desiring to address the Commission on this topic, Chairman Schramm declared the
public testimony closed and opened the item for discussion among the Commission members.
Mr. Ball commented on the notice issue and stated that the
City is required to send notice to owners of real property on the assessment role. If a property is sold or transferred, the new owner may not appear on the roll until it has been
updated. If the notice has been sent, the City has fulfilled its duty; the failure of someone to receive the notice does
not render the hearing null. Persons desiring to be noticed who may not appear on the tax roles may do so by written
request to the Planning Department on Las Palmas Drive. Stamped envelopes must be provided.
Chairman Schramm asked Mr. Ball to explain the liability issue on public beach access. Mr. Ball replied that the duty to enforce goes with the land. If a law has been violated on public or private property, it is enforced by the City. In terms of liability, recreational immunity is believed to be for hazardous activities.
Mr. Wayne commented that the settlement between Agua Hedionda and L&R Properties states that public access must be provided
as well as a 100 ft. buffer. The applicant has stated that they would like to dedicate that buffer zone but the City is not requiring that dedication.
Chairman Schramm inquired if the easement is to protect the bluffs. Mr. Wayne replied that the buffer begins at the
bluff and extends into the sandy area.
Chairman Schramm inquired if. as a gated community, parking is provided within for the homeowners and their guests. Mr.
Wayne answered that this is correct.
Chairman Schrannn inquired about Sharon Glancy's request to
provide parking on Laguna Shores Drive. Mr. Wayne replied that he thinks the property settlement only provides 50 ft.
February 21, 1990 PLANNING COMMISSION Page 6 COMMISSIONERS
. MlNUTLi
.
which would make it difficult to widen that street. The street will provide parallel parking.
Commissioner Schlehuber inquired about the possibility of a drop off point. Mr. Wayne replied that it is possible but it would probably require the equivalent of six parking places, Commissioner Schlehuber would have a problem losing six
places but he can support the project. He thinks it is well designed.
Commissioner McFadden inquired about moving the emergency ingress from Marina to Park Drive. Bob Wojcik. Principal Civil Engineer, replied that the exit is for residents and emergency and moving that exit to Park Drive would violate the intersection spacing rule. He stated that the exit will
only take one and a half parking spaces.
Commissioner McFadden inquired if the street can be widened to accommodate diagonal parking. Mr. Wojcik replied that the
street will be the standard 36 ft. curb to curb and there is no way to widen it.
Cammissioner Marcus thinks this is a good pro.ject and the
parking problem was here before. This applicant can't be expected to resolve an old parking issue.
Commissioner McFadden thinks it might be appropriate for the
Planning Commission to refer this parking problem to the Traffic and Safety Commission. She can support the project.
Commissioner Erwin noted that most of the concern has been for existing problems. He supposes that an assessment
district will probably have to be formed to solve the parking problems. Mr. Ball replied that this project must be approved or denied on its own merits and this applicant
cannot be forced to correct parking deficiencies caused by other projects.
Commissioner Erwin would like to be sure that adequate notice was given. Other than that, he can support the project.
Cnairman Schramm can support the project. She sympathizes with people living in older units that do not have adequate
parking.
Mr. Ball stated that staff has assured him that they obtained the latest assessor's roll and notices were sent to the
addresses appearing on that roll. Any person in the audience who did not receive a notice should check with the County
Assessor's office to make sure they are listed. It is not
possible for staff to make an independent examination of the records and they must rely on the latest roll prepared by the assessor. Staff has complied with the law regarding due process.
Motion was duly made, seconded, and carried to adopt Resolution No. 2982 approving the Negative Declaration issued by the Planning Department on November 15, 1989 and adopt Resolution Nos. 2983, 2984, 2985 and 2986 (approving CT 89-13/PUD 89-5lSUP 89-71 and SV 89-3, respectively) based
on the findings and subject to the conditions contained herein.
February 21, 1990 PLANNING COMMISSION Page ’ COMMISSIONERS
Erwin Hall Holmes Marcus McFadden
Schlehuber Schramm
_-
. .
EXHtBK “4”
MEMORANDUM
0 3
DATE: FEBRUARY 21, 1990
TO: PLANNING COMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: CT 89-13/PUD 89WSUP 89-7/SV 89-3 - THE HAMPTONS - A request for approval of a Tentative Tract Map and Planned Unit Development to develop 42 condominium units on 7.8 acres of land located south of Park Drive and east of Marina Drive in the PC Zone, Local Facilities Management Zone 1 and a standards variance to reduce the parkway width from 10 to 5 feet and reduce the sidewalk width 6 inches on Marina Drive.
RECOmENDATIO?J
That the Planning Commission ADOPT Resolution No. 2982 approving the Negative Declaration issued by the Planning Department on November 15, 1989 and ADOPT Resolution Nos. 2983, 2984, 2985 and 2986 (approving CT 89-13/PUD 89-S/SUP 89- 7/ and SV 89-3, respectively) based on the findings and subject to the conditions contained herein.
The Hamptons was approved by the Planning Commission 7-O on January 17, 1990 at a regularly scheduled public hearing. However, labels for noticing for the public hearing, furnished by the applicant, were not from current assessor's
rolls and not all current property owners were notified of the meeting. Staff
has compiled a new ownership list from the most current rolls available and has
re-issued notice for public hearing.
Attached is the staff report and minutes from the January 17, 1990 public
hearing. No additional information has been presented to staff. The resolutions have been modified to include conditions placed on the project by the Planning Commission on January 17, 1990.
ATTACHMENTS
:: Planning Commission Commission Resolution Resolution Nos. Nos. 2982, 2965,
Planning
2983, 2966, 2984, 2967, 2985, 2968 and and 2969 2986
3. Excerpt from Planning Commission minutes of January 17, 1990
4. Staff report dated January 17, 1990
CW:af
DATE: FEBRUARY 21, 1990
TO: PLANNING COMSSION
EXHIBIT “4”
0 3
FROM: PLANNING DEPARTMENT
SUBJECT: CT 89-13/PUD 89-5/SUP 89-71SV 89-3 - THE HAMPTDNS - A request for approval of a Tentative Tract Map and Planned Unit Development to develop 42 condominium units on 7.8 acres of land located south of Park Drive and east of Marina Drive in the PC Zone, Local Facilities Management Zone 1 and a standards variance to reduce the parkway
width from 10 to 5 feet and reduce the sidewalk width 6 inches on
Marina Drive.
RECOf#ENDATIDN
That the Planning Commission ADOPT Resolution No. 2982 approving the Negative Declaration issued by the Planning Department on November 15, 1989 and ADOPT
Resolution Nos. 2983, 2984, 2985 and 2986 (approving CT 89-13/PUD 89-S/SUP 89-
?/ and SV 89-3, respectively) based on the findings and subject to the conditions
contained herein.
The Hamptons was approved by the Planning Commission 7-O on January 17, 1990 at
a regularly scheduled public hearing. However, labels for noticing for the
public hearing, furnished by the applicant, were not from current assessor's
rolls and not all current property owners were notified of the meeting. Staff
has compiled a new ownership list from the most current rolls available and has
re-issued notice for public hearing.
Attached is the staff report and minutes from the January 17, 1990 public hearing. No additional information has been presented to staff. The resolutions have been modified to include conditions placed on the project by the Planning Commission on January 17, 1990.
ATTACHMENTS
:: Planning Commission Commission Resolution Resolution Nos. Nos. 2982, 2965, Planning 2983, 2966, 2984, 2967, 2985, 2968 and and 2969 2986
3. Excerpt from Planning Commission minutes of January 17, 1990 4. Staff report dated January 17, 1990
CW:af
1
2
3
4
5
6
7
a
9
10
11
i 12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMlfSSION RESOLUTION NO. 2982 _.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION FOR A TENTATIVE TRACT MAP, PLANNED UNIT DEVELOPMENT, SPECIAL USE PERMIT, AND STANDARDS VARIANCE TO DEVELOP A 42 UNIT CONDOMINIUM ON 7.8 ACRES OF LAND IN THE PC ZONE. CASE NAME: THE HAMPTONS CASF NO.: CT 89-13/PUD 89-5/SUP 89-7/SV 89-3
WHEREAS, the Planning Commission did on the 17th day of January,
1990, and on the 21st day of February, 1990, 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, examining the initial study, analyzing the information
submitted by staff, and considering any written comments received, the Planning
Commission considered all factors relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission hereby APPROVES the Conditional Negative Declaration according
to Exhibit "ND", dated November 15, 1989, and “PII”, dated October 25, 1989, and the Mitigation Monitoring Program outlined in Appendix "P"
attached hereto and made a part hereof, based onthe following findings and subject to the following condition:
Findinas:
1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment provided that mitigating conditions of approval are complied with.
2. The site has been previously graded.
3. The streets are adequate in size to handle traffic generated by the proposed project.
4. There are not known sensitive resources located onsite or located so as to be significantly impacted by this project.
. . . .
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Condition
1. A monitor shall be required onsite during all grading activity who would
have the authority to halt operations should any evidence be found that would indicate that an archeological resource may be present. In the event that resources are found, a subsurface testing program would be
implemented to determine the extent of resources and evaluate the
significance of the deposit in accordance with the California Public
of Resources Code, the environmental guidelines applicable to the City Carlsbad, and Appendix K of the California Environmental Quality Act.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plann
Commission of the City of Carlsbad, California, held on the 21st day
February, 1990, by the following vote, to wit:
ing
of
AYES:
NOES:
ABSENT:
ABSTAIN:
SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
PC RESO NO. 2982 -2-
l
Exhibit "ND"
CDNDITIDNAI NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: Southeast corner of Marina Drive and Park Drive.
PROJECT DESCRIPTION: The development of 42 condominium units on 7.8 acres of
land located south of Park Drive and east of Marina Drive in the PC Zone. APN 207-101-01
The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California
Environmental Quality Act and the Environmental Protection Ordinance of the City
j of Carlsbad. As a result of said review, a Conditional Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department.
.i, A copy of the Conditional Negative Declaration with supportive documents is on
file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California
92009. Cormnents from the public are invited. Please submit comments in writing
" to the Planning Department within thirty (30) days of date of issuance.
DATED: NOVEMBER 15, 1989
CASE NO: CT 89-13/PUD 89-5 Planning Director
APPLICANT: H. R. REMINGTON PROPERTIES
PUBLISH DATE: NOVEMBER 15, 1989 .-
CW:af
ma-c . I . - . a . . . - ..- . ----- --me ,---. _^I -aa-
HaiI ro: State clearinghouse, 1400 Tw*C Street, Rm. 121, Sacramento, CA 95814 -- 916/445-0673
NOTI. u QIQLEfIaW AI0 ENVIROHWTAL -IIT FL 8
1. Project Title 1 lh H t 1 89-13
2. Lead Agency: city of Carlsbed 3. Contact Person: Christcr uestman
3a. Street Address: 2075 Las Palmas or. 3b. City: Carl&ad
3c. county: San Dieoo ' 3d. Zip: 92009 3e. Phone: (6191 438-1161
PROJECT LOCATION 4. County: San Die90 4a. City/Cumunity: Carlsbad
4b.loptionaL) Assessor's Parcel No. 207-101-01 4c. Railwys: AT&SF Schools Kelly Elementary School
Sa. Cross streets: Park Orive/Werina Orfve Sb. Nearest Comwmity: Carl&ad
6. Uithin 2 miles of: a. State Huy No. b. Airports 3 c. UaterbIays Aaua Hadionda laooon L Pacific Ocean
7. DOCUMENT TYPE
01 -NW
02 - Early Cons
03 J- Ncg Dee
04 -Draft EIR
05 _ SuFQlanmt/
Subswuent EIA
(if so, prior ‘SCH #
W’
M- Notice of Intent
07 -Emfir. Assessment/
FONSI
08 -Draft EIS
oJ&g
09 _ Infotrnrtion Only
10 - Final Oocuamt
11 _ Other:
8. LOCAL ACTION TYPe 10. DEMLOWENt TYR
01 - Genersl Plan Updete
Q2 - NeuElemnt
03 - General Plan AawWient
04 _ nastar Plan
05 - Amexatfon
06 _ speoitic Plan
07 - Redevelqssnt
08 _ Rezone
09 X Land Division
(Subdivision, Parcel Map.
Tract Map, ate.)
10 _ Use Permit
01 A Residential: Units 42 Acres
02 i Office: Sq. Ft.
Acres Enptoyees
03 - Shoppjng/Cann*rtial: SQ. Ft.
AWU - Enplm
04 - Indurtriat: Sq. Ft.
Acras Enployaes
05 - Seuar: MD
06 _ Uatcr: cw)
07 - Transportation: Type
08 _ Mineral Extraction: Mineral
11 - Cancel Ag Preserve
12 & Other Plsmed Unit
Developnnt
9 TOTAL ACQQ :
11. PROJECT ISWES DISCUSSED IN DOCWEIU
01 _ Aesthetic/Visual -' 08 - Geologfc/Seirnfc
7.8
09 - Power Generation: Uattrge
10 - Other:
15 - Setmr Capacity 22 _ Water Supply
02 _ Agricultural Land 09 - JobWfouaing Balance 16-Soil Erosion 23 )( UetlaWRiparian
03 _ Air Quality 10 - Wnerals 17 - Solid Uute 24 _ Yildlife
04 )( Archaeologital/lfistorical/ 11 - Noise 18 - foxit/Razardous 25 - Growth inducing
Paleontological 12 - Public Services 19 - Trafffc/Cfrc~~latfcn 26 _ tncoxpatible Land Use
05 X Coastal 13 ~ScfwolS 20 - vegetation 27 - Cwlativc Effects
a- Fire Hazard 14 -Septic Systems 21 -Uater Ouality 28 - Other
07 X Flocdfng/Orafnage
12 FUNDING (approx.) Federal S State S Total S
13 PRESENT LANO USE AND ZONIN@ VACANT/PLANNED CCUUNIfY/RESIDENTfAL MRDIUW HIGH
14 PROJECT DESCRIPTION: 42 CONDollNlU UNITS UIYH CAPE CQ, STYLE ARCHITECTURE 011 7.8 ACRES OF LAND ADJACENT TO THE ACUA HEDIOHOA
LAGaON .
15. SIGNATURE OF LEAD AGENCY REPRESENTATIVR: w i"L V NOTE: Clearinghouse will assign identification nnkrs for all neu projects. If a SCH N-r already exists for a
project (e.g. from a (Notice of Prwration or prevfous draft docmsnt) pleese fill it in.
Resources Agency
Air Resources Board
Conservation
X Fish and Game
X Coastal Commission
District Caltrans
Caltrans - Planning
Caltrans - Aeronautics
California Highway Patrol
Boating and Waterways
Forestry
State Water Resoruces Control
Board - Headquarters
- Regional Water Quality Control
REVIEWING AGENCIES
CTRPA (CalTRPA)
TRPA (Tahoe RPA)
Bay Conservation & Dev't Corm
Parks and Recreation
Office of Historic Preservation X
Native American Heritage Comm
State Lands Corms
Public Utilities Comm
Energy Conm
Food and Agriculture
Health Services
Statewide Health Planning (hospitals)
Housing and Community Dev't
Correctlons
Board, Region General Services
Division of Water Rights (SURCB) Office of Local Assistance
Oivision of Water Quality (SWRCB) Public Works Board
Department of Water Resources Office of Appropriate Tech. (OPR)
Reclamation Board Local Government Unit (OPR)
Solid Waste Management Board Santa Monica Mountains Conservancy
Colorado River Board Other . .
FOR SCH USE ONLY
Date Received at SCH Catal og Number
Date Review Starts Proponent
Date to Agencies Consultant
Date to SCH Contact Phone
Clearance Date Address
Notes:
I.
1.
2.
3.
II.
1.
.
Exhibit "PI I"
ENVIRONMENTAL IMPACT ASSESSMENT FOR.)q - PART II
(TO BE COMPETED BY THE PLANNING DEPARTMENT)
CAGE NO. CT 89013/PUD 89-5
DATE: OCTOBD 25. 1989
BACKGROUNQ
APPLICANT: H. R. Reminaton Properties
ADDRESS AND PHONE NUMBER OF APPLICANT: 8 Monarch Bav Plaza
t619)476-1889 . 202
DATE CHECK LIST SUBMITTED:
IRO- IMPACTS
South Taauna. CA 92.677
(Explanations of all Affirmative Answers are to be written under Section III - Discussion of Environmental Evaluation)
NO
Earth - Will the proposal have significant results in:
a. Unstable earth conditions or in changes in geologic substructures?
b. Disruptions, displacements, compaction or overcovering of the soil?
c. Change in topography or ground surface relief features?
d. The destruction, covering of modification of any unique geologic or physical features?
e. Any increase in wind or water erosion of soils, either on or off the site?
f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel or a river or stream or the bed of the ocean or any bay, inlet or lake?
X
X
2,
X
X
X
2. & - Will the proposal have significant results in:
a. Air emissions Or deterioration
of ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally?
3. Water - Will the proposal have significant results in:
a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters?
b. Changes in absorption rates, drainage patters, or the rate and amount of surface water runoff?
c. Alterations to the course or flow of flood waters?
d. Change in the amount of surface water in any water body?
e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity?
f. Alteration of the direction or rate of flow of ground waters? . .
g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations?
h. Reduction in the amount of water otherwise available for public water supplies?
X
X
X
x
X
X
X
X
X
X
4.
a.
b.
C.
d.
5.
a.
b.
c.
d.
7.
8.
plant Tifq - Will the proposal have Significant results in:
Change in the diversity of species, or numbers of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)?
Reduction of the numbers of any unique, rare or endangered species of plants?
Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species?
Reduction in acreage of any agricultural crop?
. Animal Lia - Will the proposal have significant results in:
Changes in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)?
Reduction of the numbers of any unique, rare or endangered species of animals?
Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals?
Deterioration to existing fish or wildlife habitat?
Noise- Will the proposal significantly increase existing noise levels?
ht and Gu - Will the proposal sig- nificantly produce new light or glare?
nd Use - Will the proposal have significant results in the alteration of the present or planned land use of an area?
MAYBE
X
X
X
X
X
X
X
-30
MAY NO
9.
a.
b.
10.
11. ,
12.
13.
b.
C.
d.
e.
f.
flatural Resourceg - Will the proposal have significant results in:
Increase in the rate of use of any natural resources?
Depletion of any nonrenewable natural resource?
X
X
mk of Unset - Does the proposal involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions?
ponulation - Will the proposal signif- icantly alter the location, distribu- tion, density, or growth rate of the human population of an area?
Bousinq - Will the proposal signif- icantly affect existing housing, or create a demand, for additional housing?
. anSnortation/aculw - Will the proposal have significant results in:
Generation of additional vehicular movement?
Effects on existing parking facili- ties, or demand for new parking?
Impact upon existing transportation systems?
Alterations.to present patterns of circulation or movement of people and/or goods?
Alterations to waterborne, rail or air traffic?
Increase in traffic hazards to motor vehicles, bicyclists or pedestrians?
X
X
X
X
X
X
X
14.
a.
b.
C.
d.
e.
f.
15.
a.
b.
16.
a.
b.
C.
d.
e.
f.
17.
c Serviceg - Will the proposal have a significant effect upon, or have signif- icant results in the need for new or‘ altered governmental services in any of the following areas:
Fire protection?
Police protection?
Schools?
Parks or other recreational facilities?
Maintenance of public facilities, including roads?
Other governmental services?
Enerov - Will the proposal significant results in:
Use of substantial amounts or energy?
have
of fuel
Demand upon existing sources of energy, or require the development of new sources of eneqy?
. . Utilities - Will the proposal have significant results in the need for new systems, or alterations to the following utilities:
Power or natural gas?
Communications systems?
Water? . .
Sewer or septic tanks?
Storm water drainage?
Solid waste and disposal?
Human Health - Will the proposal have significant results in the creation of any health hazard or potential health hazard (excluding mental health)?
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
-50
.
18.
19.
20.
21.
a)
b)
cl
d)
e)
f)
9)
YES MAYBE NO . Festhetlcs - Will the proposal have significant results in the obstruction of any scenic vista or view open to the public, or will the proposal result in creation of an aesthetically offensive public view? X
Recreation - Will the proposal have significant results in the impact upon the guality or quantity of existing recreational opportunities? X
. , . Archeoloaical/Historical/Paleontolouic~ - Will the proposal have significant results in the alteration of a significant archeological, paleontological or historical site, structure, object or building? X
Analyze viable alternatives to the DrODOSed rrrolecf such as:
j a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alter- ,~ nate sites for the proposed, and g) no project alternative.
The scope of the project does not make phasing viable. All _ infrastructure must be provided prior to any residential construction.
! Alternate site designs could be developed. However the view corridor requirements would be a constraint that would not allow much variation.
Proposed construction could be held to single story development, however, that would decrease the view corridor potential and potentially reduce densities below the General Plan designations.
The site is..intended per the General Plan and zoning for multi- family residential development.
The site is vacant and the soil has been disturbed. Delayed development would maintain undesirable existing conditions.
The site is intended for this type of development.
No development would maintain undesirable current conditions.
-69
22. Mandatorv findinas of sianificance -
a. Does the project have the potential ', to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wfld- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory.
b. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.)
c. Does the project have the possible environmental effects which are in- dividually limited but cumulatively ' considerable? (Vumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)
X
X
X
d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? -. X
III. m
- A geotechnical feasibility evaluation was prepared for the project The determination of that report indicated that in its present state the ioutherly portion of the site is unsuitable for development. However, with a regrading and compaction of fill the soils would be capable of accommodating development. The report was prepared by Ninys and Moore, January 5, 1989 project no. 101069-01.
Rev. 12/88
-79
.
DISCUSSION OF ENVIRONMENTAL EVALUATION (Continued)
.> m - Because the project will introduce impervious surfaces: concrete, asphalt and buildings, there will be some change to the absorption rate and surface water run-off . However, the project has extensive open space areas which will mitigate any potential problem to insignificance. All street drainage will be directed away from the lagoon. A study and Special Use Permit are required to evaluate the effect of the project on the iO0 year flood plain. '.
PrANT LIFE AND ANIMAL LIFE - The site has been previously graded and there is no indication of plant or animal life on the site.
!!u.gE - Although the site will not generate noise, it is within the three mile radius of the Palomar Airport. Because of the proximity to the airport staqdard mitigation measures will be applied to the project.
LIGHT AND Gm - Lighting for the project will be of lower intensities and will be directed inward to the project.
TJ4ND US& - The project is consistent with the General Plan and zoning and will be compatible with existing development.
NATURAL RRSOURCU - There are no known natural resources on the site.
SK OF UPSET - There are no hazardous materials that are a part of this prop&al.
POPUT44TION - The residential character of the proposal does not have the potential of significantly altering location, density or distribution of human population.
BOUSING - The project will provide housing.
TRANSPORTATION/CIRCULATIO~ - The project is estimated to generate approximately 336 daily trips. Park Drive is capable of accepting the additional ADTs. Parking will be provided onsite.
C SERVICB - Any services required as a result of the project will be provided under the City's Growth Management Program.
ENERGY - New energy sources will not be required nor will the project use substantial amounts of fuel or energy.
UTIL- - Utilities will be required through implementation of the City's Growth Management Program.
m HEBliTll - There are no health hazards related to the project.
AESTHETICQ - The construction of buildings south of Park Drive will obstruct views of the Agua Hedionda Lagoon. The Local Coastal Program, however, requires view.corridors to allow for unobstructed views, these corridors have been included in the design of the project.
-80
DISCUSSION OF ENVIRONMENTAL EVALUATION
RECREATION - The project will provide Lagoon and improve the beach front.
(continued) . for public access to the Agua Hedionda All improvements to the lagoon within. the 100 feet buffer shall be done in consultation with the Department of Fish and Game.
ARCHEOLQGICAL/~TORICAL/P~ONTO~~GICA~ - A cursory survey has been completed forthe site and an initial determination has been made that there are no visible archeological resources. However, the report states that there may be subsurface artifacts.
-9-
.
IV. DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
I find the proposed project COULD NOT have a significant effect on the envirOnment, and a NEGATIVE DECLARATION will be prepared.
x I find that although the proposed project could have a significant gffect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. declaration will be proposed. A Conditional Negative
T find the proposed project MAY have a significant effect on the dnvironment, and an ENVIRONMENTAL IMPACT REPORT is required.
10. m -234,
Date
\+7/0q
date
V.mTIGATING MEASUFtE~ (If Applicable)
A monitor shall be required on site during all grading activity who would have the authority to halt operations should any evidence be found that would indicate that an archeological resource may be present. In the event that resources are found, a subsurface testing program would be implemented to determine the extent of resources and evaluate the significance of the deposit in accordance with the California Public Resources Code and the Environmental Guidelines of the City of Carlsbad.
-lO-
K’J B’r .: :-.EF?J,“. TELEI:I>F Itt+ ‘;Qlil ; lrJ-;s-& 5 : ;QF I.1 ; l:EFci FL+: I.IC~I: . r-r.-~l=. = ; R OI,T->~- ’ b’s 16 : 22 ~ IG:iY Pql,, 1~ll43 TEL t to: E.1*3-.- ‘qJ 1; ui:l:l’: ;‘ClZ
1
Stlye of California The Rerovrce~ Agency
M e
to I
tnorandum ClECEIVfD c) fT 2 Q fB9
California Coast61 Commission Attn: Debra Lee
1333 Camino Del.Rio South, Suite 125 San Diego, CA 92108-3520
Friim : Departmrnt of Fish ond Game
Db’e; gctober 17, 1989 JFA
@M -
HCW-
PAP .a,,
Subioctr H.R. Remmington Property, Hampton’s Tentative Map
Dear Debra,
On June 19, 1989 I met wirh Lex Williman of CEP Associated regarding the pro-
pased project on 7 acres along the north shore of Ague Hedionda Lagoon in
Cerlsbad, San Diego Count,y, In September I received the project plant list.
Th&DDepartnlent concurs with the proposed project in that it is at least 100 ft.
from the wetlands and has adequately mitigated the 1066 of 64 square feet of
isolated salt marsh through the preservation of adjacent salt marsh an ptotec-
\ tion.of the marsh with suitable fencing; through the creation of a small fresh . water pond area that will be available for usage by wildlife; and through a
landscape design primarily utillzing Rative species and eliminating all non-
native invasive plant 6~JecieS within ‘l$e project. The Department suggests the following species be deleted from the project due to their potential lnvesive-
ness into the nature1 lagoon surroundings:
(optional native suggestions are in parentheses)
Myoporum pacifica (Rhus integrifolia, lemonade-berry) -- Acacia pecoffveyde, ongerup (Acacia ainuta)
Ceenothus priseus (Ceanothx vertucosus)
Other native species appropriate for landscaping In this area i.r~clutle, but
are not limited to:
Weliotropiunr curvassavlcwn, salt heliotrope
Gnaphalium californicum, everlasting Abronia umbellats, sand verbelka Lotus scoparius, deerweed
-onurn parvifolium, coast buckwheat
Arrlplex lentiformis, salt bush
Heteromeles arbutifolia, toyon
If you have questions or comments, please call me. Also, please send your staff report with copies of the final landscape and grading plans to me for cursory
review,
Thank you,
; fl I.C de peg Theresa A, Stewart Wildlife Biologist
- r.c: i.ax Villiman . CEPA
510;~ of.California The Rerov’rccs Agenq
: bhnorandum
Dote : DEC 8 I%9
To : l* Gordon F. Snow, Ph.D.
Assistant Secretary for Resources
2. City of Car&bad
2075 Las Palmas Dr. Car&bad, CA 92009 Attention: Christer Westman
From : Deportment of Water Resources
Los Angeles, CA 90055
Subject : DEIR for The Hamptons (CT 89-13/PUD 89-S). for 42 Units, SCH 89010147
Your subject document has been reviewed by our Department of Water Resources
staff. Recommendations, as they relate to water conservation and flood damage
" prevention, are attached.
After reviewing your report, we also would like to recommend that you further consider implementing a comprehensive program to use reclaimed water for irrigation purposes in order to free fresh water supplies for beneficial uses requiring high quality water supplies.
For further information, you may wish to contact John Pariewski at (213) 620-3951. Thank you for the opportunity to review and comment on this
report.
Sincerely,
Char& R. White, Chief
Planning Branch
Southern District
Attachments
STATE Of CALIFORNIA-THE RESOURCES AGENCY
DEPARTMENT OF FISH AND GAME
330 Golden Shore, Suite 50 Long Beach, CA 90802
(213) 590-5113
GEORGE DEUKMEJIAN, ~,,ver,,~~
.
December 13, 1989
Mr. Michael J.. Holzmiller
Planning Director
City of Carlsbad
2075 Las Palmas Drive Carlshad, CA 92009-4859
Dear Mr. Holzmiller:
The Department biologist familiar with the project area has reviewed the Negative Declaration for the Hampton's project involving the construction of 42 homes on 7.8 acres along the north shore of Agua Hedionda Lagoon within City limits (SCH
8901047). Our review concluded too late t,o enable these comments
to be included in the State Clearinghouse'response, therefore we
are sending them directly in fulfillment of CEQA.
We would concur with this project if the following measures are included as conditions of approval of the Negative Declaration:
1. Provide at least a 100 foot wide buffer from the wetlands boundary.
2. Provide suitable fencing to protect the salt marsh and mitigate for the loss of 64 square feet of isolated salt marsh through preservation of adjacent salt marsh.
3. Creation of a small freshwater pond area for use by wildlife.
4. The Department suggests that three plant species be deleted from the project due to their potential for invasion into the
natural lagoon surroundings. They should be replaced by
others as we have listed for each one:
To Be Deleted Replacement
Myoporum pacifica Rhus inteqrifolia, lemonade-berry
Acacia pecoffverde Acacia minuta
Ceanothus griseus Ceanothus verrucosus
.
c
Mr. Michael .J. Holzmiller -2- December 13, 1989
A copy of the final landscape and project plans should be provided to the Department for review. Please contact Ms. Terri Stewart, Wildlife Biologist at (6191466-4674.
Thank you for the opportunity to review and comment on this project. If you have any questions, please contact Kris La1 of our Environmental Services staff at (213) 590-5137.
Sincerely,
Fred Worthley Regional Manager Region 5
cc: State Clearinghouse ESD (SCH 89020147)
STATE OF CA~IFORNIA-3FFICE QF THE GOVERNOR GEDRGi DXIKMEJIAN, G.,~,,,, _---.- - --
OFFICE OF PLANNING ANL i&ARCH
----__ ---
1400 TENTii STREET
SACRAMENTO. CA 958:4
Christen Kcstmon
City of Carlsbad 2075 Las Palmas Drive
Carlsbad, CA ,92009
December 15, 1989
Subject: The Pfamptons (CT 89-lS/PUD 89-51, SCH# 89010147
Dear nh. Westman:
The State Clearinghouse has submitted the above named proposed tlegetive
Declaration to selected state agencies for review. The review period is now
closed and the coxnzents from the responding agency(ies) iscare) enclosed. 3n
the enclosed fjotice of Completion form you will note that the Clearinghouse has
checked the agencies that have commented. Please review the Notice of Completion to ensure that your comment package is complete. If the ccnanent
package is not in order, please notify the State Clearinghouse inmediately.
Remember to refer to the project's eight-digit State Clearinghouse number so
that we may respond promptly.
Please note that Section 211d4 of the California Public Resources Coda required
that: "a responsible agency or other public agency shall only
make substantive comments regarding those activities involved in a project which are within an area of expertise
of the agency or which are required to be carried o*ut or
approved by the agency.”
‘Conrmenting agencies are also required by this section to support their coxrrnents
with specific docunzentation.
These comments are forwarded for your use in preparing your final EIX. Should
YOU need note information or clarification, we recoannend that you contact the
commenting agency at your earliest convenience.
This letter acknowledges that you have cosplied with the State Clearinghouse
review requirements for draft environmental docunznts, pursuant to the
California Environmental Quality Act. Please contact Garrett Ashley at (916) 445-0613 if you have any questions regarding the environmental review prccess.
Sincerely,
David C. Nunenkamp
Deputy Director, Permit Assistance
Enclosures
cc: Resources Agency
APPENDIX P
ENVIRONMkNTAL MITIGATION MONITORING cHECK-LIST
u-‘c vlo
Q,+ W”
$ZE$
L.r m L .F ygg
w m C-f- V,OL m.r .C 0 re+c, .C .C a *r gEUlg
- 0-z E F 42 -r
PLV
WXE Wd UC, r L m-7 I- 0 WV
mF-c, COG - .pww
OWE2 a--w WY -rs Plu EC,Ew
g em- E
V,CE
kZ3.Z Q-F-DO n W &I 7 s (d*r n osco
v --FE
zs’rm2 F IWrnS-- WE- P c, +J II *- c L .C o,mErb OW .z g E -r w
., WTTIGATINQ (CohcmmU)
VI. m-
THIS IS TO CERTIW m I: IiAVt REVImD THB XITIGATINd ZaAsvREI AND CONCUR WITX"T)ls ADDPZIORi O? THtSt MEIIll m#t PRoJtcrp,
e 8
Data I
cwrrf
-la-
STATE OF CALIFORNIA
NATIVE AMERICAN HERITAGE COMMISSION
915 CAPITOL MALL. ROOM 288
SACRAMENTO, CALIFORNIA 95814
(916) 322-7791
GEORGE OEUKMEJIA N. Governt,r
T m
December 5, 1989
Mr. Michael J. Holzmiller
Planning Director
City of Carlsbad Planning Department
2075 Las Palmas Drive
Carlsbad, California 92009-4859
re: SCH# 89010147-Conditional Negative Declaration
The Hamptons / (CT 89-13 / PUD 89-5)
Dear Mr. Holzmiller:
The likelihood of discovering previously undetected Native American cultural re-
sources was addressed in the Environmental Impact Assessment Form. The
California Environmental Quality Act, Appendix K, deals with the discovery of
archaeological sites and the procedures to follow. It also contains the instructions to
follow when human rema’ins are found during any phase of development. The Native American Heritage Commission has prepared a pamphlet for use by lead agencies, planners, developers and property owners. It provides an easy-to-read breakdown of the California Codes pertaining to Native American human remains and their disposi- tion. I have included a copy of this brochure for your information.
If you have any questions or need additional information, please contact this office,
Staff Analyst
Enclosure
cc: Garrett Ashley, OPR / SCH
1
2
3
4
5
6
7
8
9
10
11
12
r 13
‘) 14
15
16
17
18
19
- 20
21
22
23
24
25
26
27
20
PLANNING COmISSION RESOLUTION NO. 2983
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, .CALIFORNIA, APPROVING A TENTATIVE TRACT ON PROPERTY GENERALLY LOCATED SOUTH OF PARK DRIVE AND EAST OF MARINA DRIVE. CASE NAME: THE HAMPTONS CASE NO.: CT 89-13
WHEREAS, a verified application for certain property to wit:
That portion of Lot "I" Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 823 filed in the office of the County Recorder of San Diego County. APN #207-101-01.
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 17th day of January,
1990, and on the 21st day of February, 1990, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
A) That the above recitations are true and correct.
W That based on the evidence presented at the public hearing, the Commission APPROVES CT 89-13, based on the following findings and subject to the following conditions:
1
2
3
4
5
i
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Findinus:
1.
2.
3.
4.
5.
6.
7.
a.
9.
10.
The project is consistent with the City's General Plan since the proposed density of 9-7 du's/acre is within the density range of G-15 du's/acre
specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 11.5 units per acre.
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 Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will 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.
School fees will be paid to ensure the availability of school facilities in the Carlsbad School District.
Park-in-lieu fees are required as a condition of approval.
All nece.ssary.public improvements have been provided or will be required
as conditions of approval.
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.
The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual.
The proposed project is compatible with the surrounding future land uses
since surrounding properties are designated for multiple residential development on the General Plan.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on November 15, 1989 and recommended for approval by the Planning Commission on
January 17, 1990. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment.
PC RESO NO. 2983 -2-
1
2
'3
4
f 5
6
7
8
9
10
11
12
:‘ 13
14
15
4. 16
17
18
19
20
21
22
23
24
25
26
27
28
11. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.
12. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1.
Conditions:
1.
2.
3.
4.
5.
6.
Approval is granted for CT 89-13, as shown on Exhibit(s) "A"-"Ml', dated January 17, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
The developer shall provide the City with a reproducible 24" x 36", mylar copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to building, grading or improvement plan submittal, whichever occurs first.
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 pennits and will continue to be available until
time of occupancy. This note shall be placed on the final map.
This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfil1 the subdivider's agreement to pay the public facilities fee dated March 27, 1989, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void.
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.
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.
PC RESO NO. 2983 -3-
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
7. Water shall be provided to this project pursuant to the Water Service
agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983.
This project shall comply with all conditions and mitigation required by the Zone 1 Local Facilities Management Plan approved by the City Council on September 1, 1987, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits.
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.
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.
Approval of CT 89-13/PUD 89-5 is granted subject to the approval of SUP
89-7.
The applicant shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City:
8.
9.
10.
11.
12.
13.
14.
PC RESO NO. 2983
"Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is RMH. The Growth Control Point for this designation is 11.5 dwelling units per
nonconstrained acre.
All Parcels were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include all parcels under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code."
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 Director prior to final map approval.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall
be approved by the Planning Director. Enclosure shall be of similar
colors and/or materials to the project to the satisfaction of the Planning
Director. If approved by Coast Waste Management, curbside trash pickup can replace the masonry trash enclosures.
-4-
3
i
:
4
E .
: c
‘;
t
s
1c
13
s 12
12
14
lf
p 1E
17
16
19
2c
21
22
23
24
25
26
27
, 28
15. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered
from adjacent properties and streets, in substance as provided in Building Department Policy No. Planning and Building. 80-6, to the satisfaction of the Directors of
16. 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.
17. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property.
18. The applicant shall prepare a detailed landscape and irrigation plan which
shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first.
19. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
20. 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.
21. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs.
22. 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 to their
background color.
23. 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 Planning Director.
The developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director.
24.
25.
26.
PC RESO NO. 2983
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.
This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. A condition so stating this shall be placed in the CC&R's for the project.
-5-
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
27.
28.
29.
30.
31.
32.
33.
34.
As part of ,",",el plans submitted for building permit plan check, the' applicant include a reduced version of resolution/resolutions on a 24" x 36" blueline drawing. the approving Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan.
Prior to issuance of a grading or building permit, whichever comes first,
a soils report shall be prepared and submitted to the City of Carlsbad.
If the soils report indicates the presence of potential fossil bearing
material then a standard two phased program, on file in the Planning
Department, shall be undertaken to gvoid possible significant impacts on
paleontological resources under the direction of the Planning Department.
The landscape plan shall include minimum 15 gallon trees and a mix of box size trees to be determined by the Planning Director. Five gallon shall be the minimum shrub size.
Design details and materials for perimeter walls, fences, recreation areas, onsite paving, and other items not specifically approved as a part
of this application, shall be reviewed and approved by the City Planner
prior to issuance of building permits.
Any changes made to this approval dated January 17, 1990, as a result of the Coastal Commission Permit process shall be reviewed for substantial conformance by the Planning Director prior to final map approval or the issuance of a Grading Permit, whichever occurs first.
A two-way feed "loop" water system shall be installed.
Each unit shall be required to have separate water service and meters.
Each unit shall be equipped with an automatic garage door opener. Garage doors shall be of the "roll up" type.
fnaineerinu Conditions:
35. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
36. 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 ensure 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.
37. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected
properties.
PC RESO NO. 2983 -6-
.
1
2
8
9
10
; 11
12
-13
14
15
* 16
17
18
19
20
21
22
23
24
25 46.
26
27
20
38.
39.
40.
41.
42.
43.
44.
45.
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.
Prior to hauling dirt or construction materials to any proposed
.construction site within this project the developer shall submit to and
receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area
served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer
and shall guarantee their maintenance and satisfactory performance through
cash deposit and bonding in amounts and types suitable to the City
Engineer.
Additional drainage easements and drainage structures shall be provided
or installed as may be required by the City Engineer.
Prior to appro.val of the final map the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the forthcoming Master Drainage Plan Update.
Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate meanstof eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be
approved by the City Engineer prior to issuance of grading or building permit.
The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Tentative Map. The offer shall be made by a certification on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated.
Direct access rights for all lots abutting Park Drive shall be waived on the final map.
Plans, specifications, and supporting documents for all improvements shall
be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and
PC RESO NO. 2983 -7-
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
47.
48.
49.
50.
51.
52;
53.
54.
secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer:
A. Full half-street improvements to Park Drive along the project frontage.
ii. Full half-street improvements to Laguna Shores Place including the west half of the cul-de-sac.
C. Full half street improvements to Marina Drive along the project
frontage as amended by these conditions and actions.
Improvements listed above shall be constructed within 12 months of final map approval and/or improvement plan approval, whichever occurs first.
Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this Tentative Map.
The developer shall construct private street accesses to public streets in such a way as to clearly designated that the private streets are not a portion of the public street system; The developer shall place a plaque-type sign with the legend, "PRIVATE STREET BEYOND THIS POINT", at the access point to private streets from public streets. The script on the sign shown above shall be capital letters of a size and contrast such as to be readable for a normally sighted person at a distance of 20 feet.
The provisions of this condition shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any
portion of this project.
The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards.
The developer shall install sidewalks along all public street frontages of this project in conformance with City of Carlsbad Standards prior to occupancy of any buildings, except for Marina Drive for which there is a standards variance to reduce the sidewalk width by 6 inches to 4.5 feet wide.
The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
Should the developer decide to final map and develop phases out of
numerical sequence with the approved phasing as shown on the tentative map all conditions required of the preceding phases shall be completed.
The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map for this project. 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
PC RESO NO. 2983 -8-
1
2
3
4
5
6
7
8
-- 9
10
j* IL1
:' 12
-- 13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
55.
56.
57.
58.
59.
60.
61.
improvement plan check and inspection fees shall be paid prior to approval of the final map for this project.
The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the units within the subdivision,
The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units.
The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities.
Some improvements shown on the Tentative Map and/or required by these
conditions are located offsite on property which neither the City nor the
subdivider has sufficient title or interest to permit the improvements to
be made without acquisition of title or interest. The subdivider shall
conform to Section 20.16.095 of the Carlsbad Municipal Code.
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.
This project has been reviewed for conformancy with the grading ordinance and found to be a project for which a grading permit is required. Prior to any building permits being issued for the site, a grading plan in conformance with City Standards and Section 11.06 of the Carlsbad
Municipal Code, must be submitted, approved and grading work must be completed to the satisfaction of the City Engineer. All slopes within
this project shall be graded no steeper than two horizontal to one vertical unless specifically approved -otherwise pursuant to these conditions.
The developer shall construct sidewalks 4 feet in width plus 0.5 foot for top of curb for the interior private streets as shown on the Tentative Map
and also at the following locations.
A. Adjacent to the easterly curb along Hampton Court from Portsmouth Place northerly to the parking stalls at the north end of the cul-
de-sac.
B. Adjacent to the southerly curb along Portsmouth Place from the
easterly dead-end westerly around the curve at Manhasset Court. A
stairway shall also be constructed down the slope to connect the onsite sidewalk system to the existing sidewalk on Marina Drive.
PC RESO NO. 2983 -9-
1
2
3
4
E "
6
9
E
9
1C
11
12
. 13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
20
.
I
i
:
i
i
1
1
I
1
,
!
i
r
i
i
1
I
I
1
62. i
This project is approved subject to the condition that the developer share
equally with the developer of the adjacent property to the east (Laguna-
Shores, CT 88-l) in the cost of constructing a pedestrian access rm from the terminus of Laguna Shores Place, southerly to the sand beach at Agua Hedionda lagoon, subject to the approval of the Planning Director, the. Director of Parks and Recreation, the Coastal Conmission and the Department of Fish and Came. slope. This access ramp should not exceed a 10X The developer shall also share equally with the developer of the adjacent property to the east (Laguna Shores, CT 88-l) in the cost of constructing: a) steel posts at the top of the ramp to prohibit vehicular access, and b) a five foot high permanent chain link fence along both sides of this ramp to the five foot topography line at the lagoon's edge.
Prior to the issuance of building permits the developer shall reimburse the developer of the adjacent property to the east (Laguna Shores, CT 88- 1) their l/2 share of the cost of constructing the improvements listed in the prior condition. If the Hamptons project builds before the Laguna Shores project, then the developers of Laguna Shores shall reimburse the developers of the Hamptons their l/2 share of the cost of constructing
these improvements.
This project is specifically approved giving the developer the opportunity of obtaining a grading penait for surcharge grading prior to the issuance of a final map. A grading plan in conformance with City Standard and Section 11.06 of the Carlsbad Municipal Code of the proposed
surcharge grading must be submitted and approved and a permit obtained
from the California State Coastal CollAlission prior to the issuance of the
surcharge grading permit.
63.
64.
65.
66.
67.
68.
PC RESO NO. 2983
Grading shall not be permitted from October 1 to April 1 unless approved by both the California Coastal Coaxnission and the City of Carlsbad City Engineer.
A geologist shall recoaanend a monitoring program of settlement and issue a final report approving the site for building construction. No building
permits will be issued until said final report is submitted to and
approved by the City Engineer.
The developer shall submit approval of the California State Coastal Conrmission prior to final map approval.
The developer shall make an offer of dedication to the City for Park Drive along the subdivision frontage based on a centerline to right of way width of 34 feet and of Laguna Shores Place along the subdivision frontage based on a centerline to right of way width of 28 feet. All offers shall be made by a certificate on the final map for this project. All land so
offered shall be granted to the City free and clear of all liens and
encumbrances and without cost to the City. Streets that are already
public are not required to be rededicated.
-lO-
1
2
3
4
5
. 6
7
a
9
10
; 11
,; 12
13
14
15
,' 16
17
18
19
20
21
22
23
24
25
26
27
28
69. The developer shall make an offer of dedication to the City for Marina - Drive along the subdivision frontage of an additional 8 feet of public right of way. This will result in a substandard right of way width which is considered included in the standards variance approval from the Planning Connission.
Fire Conditions:
70.
71.
72.
73.
74.
75.
76.
77.
78.
Prior to the issuance of building permits, complete building plans shall
be submitted to and approved by the Fire Department.
Additional public and/or onsite fire hydrants shall be provided if deemed
necessary by the Fire Marshal.
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.
Proposed security gate systems shall be provided with "Knox" key operated
override switch, as specified by the Fire Department.
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 roofs shall be required on all structures.
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.
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.
Carlsbad Municipal Water District Conditions:
79. The entire potable and non-potable water system/systems for subject
project shall be evaluated in detail to ensure that adequate capacity and
pressure for domestic, landscaping and fire flow demands are met.
80. The developer's engineer shall schedule a meeting with the D Engineer and the City Fire Marshal and review the preliminary water layout prior to preparation of the water system improvement plans
istrict system
81. The developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of building permit.
PC RESO NO. 2983 -ll-
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
20
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
.*.
. . .
Gates which would allow for direct access to the private patios are prohibited. lagoon buffer area fron;'
The on-site fresh water ponds shall be fenced with wrought iron and lockable gates to the satisfaction of the City Planner if their ultimate depth of the ponds exceeds 24".
Provide at least a 100 foot wide buffer from the wetlands boundary.
Provide suitable fencing to protect the salt marsh and mitigate for the loss of 64 square feet of isolated salt marsh through preservation of adjacent salt marsh.
Creation of a small freshwater pond area for use by wildlife.
The department suggests that three plant species be deleted from the project due to their potential for invasion into the natural lagoon
surroundings. They should be replaced by others as we have listed for
each one:
TO BE DELETED REPLACEMENT
Hvooorum pacifica husX lemonade-berry R Acacia oecoffverde Acacia minuta Ceanothus ariseus Ceanothus verruscosus
The bath house shall be reduced to a single story height which will not adversely affect views from Park Drive.
A permanent public access easement and sidewalk shall be provided from Marina Drive to the 100 foot buffer area.
The project irrigation shall be designed to be easily adapted to a
reclaimed water system.
No structures other than sidewalks shall be constructed within the 100
foot buffer area.
The Codes, Covenants and Restrictions shall:
a. limit the height of recreational vehicles being stored on-site
within the storage area to seven feet in height; and
b. prohibit at all times any obstruction of on-site sidewalks. This
prohibition shall include but not be limited to parking in the
driveways of units having less than a 20 foot setback from interior
streets.
PC RESO NO. 2983 -12-
1
2
3
4
5
6
7
0
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 Plann
Commission of the City of Carlsbad, California, held on the 21st day
February, 1990, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION
ATTEST
MICHAEL J. HOLZMILLER PLANNING DIRECTOR
ing
of
PC RESO NO. 2983 -13-
1
2
2
4
e CI
6
7
E
9
1c
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COmISSION RESOLUTION NO. 2984
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED UNIT A DEVELOPMENT ON PROPERTY GENERALLY LOCATED SOUTH OF PARK DRIVE AND EAST OF MARINA DRIVE. CASE NAME: THE HAMPTONS CASE NO: PUD 89-5
WHEREAS, a verified application for certain property, to wit
A portion of Lot 1 of Ranch0 Agua Hedionda in the City of Carlsbad, according to map thereof No. 823 filed November 16, 1986 known as Assessor Parcel No. 207-101-01.
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 17th day of January,
1990, and on the 21st day of February, 1990, 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 Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES PUD 89-5, based on the following findings and subject to the
following conditions:
Findinas:
1. The project is consistent with the City's General Plan since the proposed density of 9-7 du's/acre is within the density range of 8-15 du's/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 11.5 units per acre.
1
2
3
4
5
6 .’ 7
a
9
10
. 11 .;
12
13
14
15 3. 16
17
18
19
20
21
22
23
24
25
26
27
28
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
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 Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will 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 et insofar
as they apply to sewer service for this project.
School fees will be paid to ensure the availability of school facilities
in the Carlsbad School District.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required as conditions of approval.
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.
The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual.
The proposed project is compatible with the surrounding future land use since surrounding properties are designated for multiple residential
development on the General Plan.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the,Planning Director on November 15, 1989 and recommended for approval by the Planning Commission on
January 17, 1990. In approving this Negative Declaration the Planning
Commission has considered the initial study, the staff analysis, all
required mitigation measures and any written comments received regarding
the significant effects this project could have on the environment.
The applicant is by condition, required to pay any increase in public
facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad
Municipal Code. This will ensure continued availability of public
facilities and will mitigate any cumulative impacts created by the
project.
This project is consistent with the City's Growth Management Ordinance as
it has been conditioned to comply with any requirement approved as part
of the Local Facilities Management Plan for Zone 1.
PC RESO NO. 2984 -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
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of
February, 1990 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST
MICHAEL J. HOLZMILLER PLANNING DIRECTOR
PC RESO NO. 2984 -3-
SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION
1
1
2
3
4
5
6
7
a
9
10
11
12
.13
14
15
16
17
ia
19
20
21
22
2:
24
2:
2e
27
2e
has been
PLANNING COmISSION RESOLUTION NO. 2985
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT FOR A FLOODPLAIN ENCROACHMENT ON PROPERTY GENERALLY LOCATED ON THE SOUTH OF PARK DRIVE AND EAST OF MARINA’DRIVE. CASE NAME: THE HAMPTONS CASE NO: SUP 89-7
WHEREAS, a verified application for certain property, to wit:
A portion of Lot 1 of Ranch0 Agua Hedionda in the City of Carlsbad, according to map thereof No. 823 filed November 16, 1986 known as Assessor Parcel No. 207-101-01.
filed with the City of Carlsbad, and referred to the Planning
Commission; and
WHEREAS, said application constitutes a request as provided by Title
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of January,
1990, and on the 21st day of February, 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 Special Use Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVE SUP 89-7, based on the following findings and subject to the following conditions:
Findinqs:
1. All permit requirements of Chapter 21.110 of the Carlsbad Municipal Code have been satisfied.
2. All other required state.and federal permits have been obtained.
3. The site is reasonably safe from flooding.
1
2
3
4
5
6
7
0
9
10
11
12
13
'14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4. The site does not adversely affect the carrying capacity of areas where the base flood elevations have been determined.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of
February, 1990 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER PLANNING DIRECTOR
~ PC RESO NO. 2985 -2-
1
2
3
4
5
6
7
a
9
10
11 7
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1.
2.
3.
4.
5.
. . .
PLANNING COMlISSION RESOLUTION No. 2986
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING A STANDARDS VARIANCE FOR MARINA DRIVE. CASE NAME: THE HAMPTONS CASE NO: SV 89-3
WHEREAS, the applicant has requested approval of a Standards
Variance for deletion of five-foot parkway and 6 inches of sidewalk
requirements along Marina Drive; and
WHEREAS, staff has reviewed said request and can make the necessary
findings for a Standards Variance; and
WHEREAS, the Planning Commission has reviewed said request and can
make the necessary findings.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of
the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That the Planning Commission grants SV 89-3 approving deletion of the five-foot parkway and 6 inches of sidewalk requirements along Marina Drive.
Cl The SV 89-3 is granted based on the following findings:
Findinss:
The situation is unusual in that the existing improvements on the west
side of Marina Drive have created a 7 foot wide parkway which is
substandard by today's requirements. Also the Local Coastal Plan requires
the developer to dedicate significant amounts of his property for a view
corridor. This limits the ability to provide adequate room to develop the
property under normal circumstances.
No drainage problems will occur.
The granting of such variance will not conflict with existing or future traffic and parking demands or pedestrian or bicycle use.
The public welfare and private property rights are not injured.
The proposed standards variance will not adversely affect the
comprehensive General Plan.
.
1
2
3
4
5
e
7
a
9
10
11
12
.13
14
15
16
17
ia
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of
February, 1990 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER PLANNING DIRECTOR
PC RESO NO. 2986 -2-
.
APPLICATION COMPLETE DATE: SEPTEMBER 25, 1989 6%
0 2
DATE: JANUARY 17, 1990
STAFF REPORT
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: CT 89-13/PUD 89-5/SUP 89-7/SV 89-3 - THE HAMPTONS - A request for approval of a Tentative Tract Map and Planned Unit Development to
develop 42 condominium units on 7.8 acres of land located south of
Park Drive and east of Marina Drive in the PC Zone, Local Facilities
Management Zone 1 and a standards variance to reduce the parkway width from 10 to 5 feet and reduce the sidewalk width 6 inches on Marina Drive.
I. RECOmENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 2965
approving the Conditional Negative Declaration issued by the Planning Director
and ADOPT Planning Commission Resolution Nos. 2966, 2967, 2968, and 2969
approving CT 89-13/PUD 89-5/SUP 89-7, and SV 89-3, respectively based on the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND 8ACKGROUNQ
The project is 42 air space condominium units located adjacent to the north shore of the Agua Hedionda Lagoon. Perpendicular to the shore are two open space/view corridors each approximately 100 feet in width. A 100 foot buffer parallel to the shoreline has been identified for public access and recreation at the lagoon. Three floor plans have been proposed ranging in size from 2,054 square feet to 2,271 square feet. All units are two-story, have two car attached garages, and outdoor private patio use. The architectural style is Cape Cod. Building height from finish grade is 30 feet to the roof midpoint and 38 feet to the highest ridge. Amenities onsite include a community swimming pool and spa, man-made ponds within the view corridors and enhanced paving at key positions within the private roadways. Public lagoon access via sidewalks and beach area landscaping will be provided beyond the limits of the project fencing. A total of 4.7 acres have been designated as public and private common open space which is approximately 60% of the entire site.
The site is vacant, has been previously disturbed and has also been used as an unauthorized dump site. To the west is condominium development off of Marina Drive and directly east is currently vacant land which has an approved 27 unit condominium duplex project on it called Laguna Shores, CT 88-l. On the bluff
north of Park Orive is, Capri, a 140 unit single-family residential development.
CT 89-13/PUD 89-5/SUP 89-7/sv 89-3
JANUARY 3, 1990
PAGE 2
A portion of the subject property is located within Zone A, subject to 100 year
flood, of the Federal Emergency Management Agency's (FEMA) maps denoting areas
of Special Flood Hazards. The Floodplain Management Regulations of the Zoning Ordinance require approval of a Special Use Permit for any development within a Special Flood Hazard area.
The site is subject to the Planned Development Ordinance, Agua Hedionda Local Coastal Program and Scenic Corridor Guidelines.
III. ANALYSIS
1.
2.
3.
4.
5.
Does the project comply with the development standards and design guidelines of the Planned Development Ordinance?
Is the proposed project in compliance with the Agua Hedionda Land Use Plan?
Is the proposal in conformance with the Scenic Corridor Guidelines?
Is the project consistent with the Zone 1 Local Facilities Management Plan?
Will the proposed development be subject to inundations in a 100 year flood?
6. Will the proposed development within the 100 year floodplain adversely impact other properties within or adjacent to the floodplain of Agua Hedionda?
7. Will the proposed development adversely impact the adjacent wetlands?
DISCUSSION
Planned Develooment Ordinance
The site plan has been developed in accordance with the requirements of a planned development. The dwelling units have been clustered.which allows for more open space. 3.45 acres of the total 7.8 acres are constrained for view corridors and lagoon buffering. At 8-11.5 units allowed per acre, the proposed density falls in the middle at 9.7 units per acre. Small, private yard areas and one large
common active recreation area are provided. Pedestrian access points are
provided to the adjacent beach. Safe and convenient onsite pedestrian circulation have been provided to all units north of Portsmouth Place with sidewalks which are predominately adjacent to the curb. However, a condition has been included in the resolution to increase the amount of onsite sidewalks to include the southern side of Portsmouth Place and the eastern side of Hampton Court. The intent of this condition is to provide convenient and safe access to sidewalks for units 13 through 20 and 39 through 42, and units 1 through 6 and units 7 through 12.
CT 89-13/PUD 89-S/SUP 89-7/SV 89-3
JANUARY 3, 1990
A minimum 20 foot building setback is observed on Park Avenue. Building setbacks from other property lines vary from minimums of approximately 54 feet on the west to 63 feet on the east and 107 feet to the south.
are required, Thirteen guest parking spaces and sixteen parallel guest parking spaces are provided within a
32 foot wide private street. An additional 4 spaces are provided in a bay at the northern end of Hampton Court. 840 square feet has been included for recreational vehicle storage which meets the minimum requirements. Minimum separation between buildings is 20 feet.
Views to the lagoon are not impaired by The Hamptons because of the provision of view corridors and the pad elevation of the homes directly north of the site are approximately 115 feet above Park Drive.
Local Coastal Program: Aqua Hedionda Land Use Plan
The site is referred to as the "Ferrero" property in the plan. The designated
policies applicable to the"Ferrero" property include a 100 foot buffer on the south side between development and environmentally sensitive areas, pedestrian access to the lagoon, and view corridors equal to one-third of the road frontage
of the parcel.
A 100 foot buffer has been provided adjacent to the lagoon which will be enhanced for public use. The design of that enhancement which will include landscaping and natural shoreline improvement will be done under the supervision of the Department of Fish and Game. Design of this public recreation area will be based on its sensitivity to the shoreline and the inclusion of non-invasive plant
materials. The applicant has proposed a varying slope (8 to 1) to (3 to 1) from
the units towards the lagoon. This is the preferred alternative which will be
presented to the Coastal Commission. However, because this would encroach into
the 100 foot buffer, an alternative crib wall design has also been proposed should the Coastal Commission not allow the slopes to encroach into the 100 foot
buffer.
Pedestrian access has been provided to the lagoon shore from Laguna Shores Place
via a 5 foot sidewalk. Visual access to the lagoon is provided by two view
corridors. Based on an ultimate road frontage of 566 feet, one-third or 188.6 feet are required to be set aside as a view corridor. The proposal has 188 feet of view corridor which includes 28 feet of the Laguna Shores Place right-of-
way. The additional .6 feet needed to meet the minimum requirement is made up by setting the buildings back from the view corridor edges.
B
Scenic Corridor Guidelines
Goals of the Guidelines are to preserve views and provide access to scenic areas.
As proposed, the project has included view corridors and public access.
Implementation of the Scenic Corridor Guidelines landscape theme which limits
trees and tall shrubs will provide additional conformance with the specified
guidelines.
CT 89-13/PUD 89-5/SUP 89-7/sv 89-3
JANUARY 3, 1990
PAGE 4
Zone 1 Local Facilities Manaaement Plan
The subject property is located within Zone 1, northwest quadrant. The impacts on public facilities created by the proposed development and compliance with the
adopted performance standards are summarized below:
Facility ImoactZ Comoliance with Standard
City Administration Library F:;;:ater Treatment Capacity
Orainage
Circulation
* Fire
Schools
Sewer Collection System
Water Distribution System Open Space
156 sq. ft. 83 sq. ft. SEE SEWER .31 ACRES
N/A 336 ADTs
FIRE STA. #l, #3
18 students 42 EDUs 9,240 GPD
N/A
Yes Yes Yes Yes Yes Yes Yes Yes
Yes
Yes
Yes
The project is 8.025 dwelling units below the Growth Management dwelling unit allowance.
Standards Variance
In conjunction with CT 89-13/PUD 89-5 and SUP 89-7 H. R. Remington properties has requested a variance from City Oesign Standards to reduce the parkway width from 10 to 5 feet and to reduce the sidewalk by 6 inches on Marina Drive. In
accordance with Section 19 of the Street Design Criteria of the City Standards,
the Planning Commission shall have the authority as an administrative act to
grant variance to the City Standards provided the following findings can be met:
1. That there are extraordinary or unusual circumstances or conditions
applicable to the situation of surrounding property necessitating
a variance of the Standards.
2. That the granting of such variance will not cause substantial
drainage problems.
3. That the granting of such variance will not conflict with existing or future traffic and parking demands or pedestrian or bicycle use.
4. That the granting of such variance will not be detrimental to the
public welfare or injurious to the property or improvements in the vicinity in which the variance is granted.
5. That the granting of such variance will not adversely affect the comprehensive General Plan.
CT 89-13/PUO 89-S/SUP 89-7/S'/ 89-3 JANUARY 3, 1990
PAGE 5
The applicant will be required to upgrade street improvements on the east side
of Marina Drive. Typically parkway is required as dedication to accommodate public utilities and landscaping. However, because utilities exist in Marina Drive which.serve the existing developments, and The Hamptons utilities will be
provided in a new private street, Manhasset Court, which runs parallel to Marina Drive, the extent of parkway is not necessary. Landscaping will be provided
adjacent to the sidewalk and new private street.
Soecial Use Permit
Federal Emergency Management Act (FEMA) establishes the Base Flood Elevations
(BFE) for areas potentially subject to inundation. The BFE corresponds to the highest elevation subject to a 100 year flood. A 100 year flood is a flood level which has 1% probability of being equaled or exceeded in .a given year. Properties are designated by FEMA to be subject to a 100 year flood when their lowest grade, or lowest finished floor of a structure, is equal to or less than the BFE.
Although FEMA has not yet established a BFE for Agua Hedionda, the Army Corps of Engineers has indicated a 100 year flood elevation of approximately 8.2 feet. The proposed project will fill the southern portion of the property to an elevation which is well above the anticipated 100 year flood. Therefore, the .proposed development should not be subject to inundation of a 100 year flood.
Although this project proposes some fill into- the flood conveyance area, the impact to other properties within or adjacent to the floodplain should be
insignificant due to the large width of flow and very low velocities in the lagoon.
SUMMARY
The proposed project: 1) is in conformance with the Planned Development
Ordinance and Design Guidelines; 2) is in conformance with the Agua Hedionda Land
Use Plan; 3) conforms to the Scenic Corridor Guidelines; 4) is consistent with
the Zone 1 Local Facilities Management Plan; and 5) staff believes the project
will not be subject to inundation in a 100 year flood and would not adversely
impact other properties within or adjacent to the Agua Hedionda floodplain and
would not adversely impact adjacent wetlands. Staff recommends approval of CT
89-13, PUD 89-5, SUP 89-7 and SV 89-3 by adoption of the attached resolutions with conditions.
ENVIRONMENTAL REVIEY
The initial study was sent to the State Clearinghouse, No. 89010147, and comments
were received from the Department of Fish and Game and the Department of Water
Resources. Those issues identified by Department of Fish and Game have been
incorporated into the project and Department of Water Resources issues are
mitigated through various State Code Sections.
CT 89-13/PUD 894/SUP 89-7/SV 89-3 JANUARY 3, 1990
PAGE 6
The site was surveyed for potential cultural resources. The results were negative. However, a condition has been included in the resolution which will require a monitor onsite should artifacts be unearthed during construction.
The soils report indicated the need to regrade the site and to surcharge the southern portion of the lot. The operation will not have a negative environmental impact to the area. Because of the additional time required for the surcharge, the opportunity of obtaining a grading permit prior to the issuance of a final permit is recommended provided no grading will occur during the rainy season. A condition covering this issue has been included in the resolution of approval.
After review of the environmental issues, the Planning Director has determined that this project, with the implementation of mitigating conditions, will not have a significant impact on the environment and, therefore, has issued a Conditional Negative Declaration on November 15, 1989.
ATTACHMENTS
:: 7: ;: i: 9.
if: 12.
Planning Commission Resolution No. 2965
Planning Commission Resolution No. 2966
Planning Commission Resolution No. 2967
Planning Commission Resolution No. 2968
Planning Commission Resolution No. 2969 Location Map Background Data Sheet ,Disclosure form Local Facilities Impacts Assessment Form Floodplain Certification Letter from Bruce Tate Exhibits "A"- "M", dated January 17, 1990
CW:af December 21, 1989
AGUA
LAGOON
r City of Cafkbad
1 CT 89-13 r PUD 89-5
r---G 89-7
HAMPTONS SV 89-3
.
BACKGROUND DATA SHEET
CASE NO: CT 89013/PUD 89-S/SUP 8907/SV 89-3
APPLICANT:-- H. R. WNGTON PROPEW v, -. . .: _ : _ - - J -- ~-- ,. t j
REQUEST AND LOCATION: APPROVAL OF A 42 UNIT CONDOMINIUM DEVELOP- MENT ON 7.8 ACRES ADJACENT TO AGUA HEDIONDA LAGOON EAST OF MARINA
DRIVE.
LEGAL DESCRIPTION: THAT PORTION OF LOT "I" RANCH0 AGUA HEDIONDA, IN THE CITY OF C-BAD. COUNTY OF SAM DIEGO. STATE OF CALIFO~IA, ACCORDING TO THE MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE Ci
APN: 207-101-01
Acres 7.8 Proposed No. of Lots/Units 42
GENERAL PLAN AND ZONING
Land Use Designation RHM
Density Allowed. 11.5 DU/AC Density Proposed 9.6 DU/AC
Existing Zone PC Proposed Zone PC
Surrounding Zoning and Land Use:
Zonincr I;andQ
Site PC VACANT
North PC FAMIT,Y DETACHED
South o/s AGUA HEDIONDA LAGOON
East PC VACANT
West RW BRISTOL
COVF/CONDOMINIUMS
PUBLIC FACILITIES
School District CARLSBAD Water CARLSBAD Sewer CARLSBAD
EDU's 42 Public Facilities Fee Agreement, Date MARCH 27. 1989
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued NOVEMBER 15. 1989
E.I.R. Certified, dated Other,
Civil Engineering - Planning
tin D&O - Ocrrnsidr
August 23, 1989
Job No. 73500
City of Cartsbad
2075 Las Palmas Drive
Cartsbad, CA 92009
AlTT+l: David Hauser Engineering Department
RE: SPECIAL USE PERMIT FOR THE HAMPTONS
Deer Mr. Hauser:
We feel that the following information will be helpful in the City’s review of the appikatkn for the S.U.P. for The Hamptons.
1 ) The FIRM F-lain maps show that the project is in Zones A and C. Therefore, no flooding elevations are shown.
1) Potential fkodlng of this project would have to come from two sourc8s:
a) Runoff from the north ski8 of Park Drive - This potential source is to be contained in the storm drain system for the project which connects to an underground drain from Park Drive along Laguna Shores Place to an outfall near the lagoon.
b ) Floodwaters in Agua Hedknda Lagoon -The exhibit enclosed with the S.U.P. apptkatkn shows the kcatkns of the floodplain lines as obtalned from the County Floodplain Map, the FIRM map and the Corps of Engineers study. Although the FIRM rn@ does not show the flooding elevation, the Army Corps of Engineers Agua Hedlonda Creek FloodplaIn Study, dated July, 1973 provides a water surface profile. At the location of this project the study indicates a flood elevation of approximately 8.2.
The proposed project will fill the southern portkn of the property to an elevation whkh is well
above the anticipated 100 year fkod . Although this fill will encroach into the flood conveyance area, the impact should be insignifkant due to the large width of fkw and very low velocities in the lagoon. The Corps of Engineers study indicates a flow velocity of approximateiy 1 foot per second during the 100 year storm.
Please also refer to the attached certifications required by the Fkodplain Management Ordinance Section 21.110.150 (4).
CEP ASSOCIATE9 . 6265-A Ykkwr Stnrt . Sm llirr~ Crlllrmlr 92111 . lrlaahaaa l619I 292-1363
TIFICATIQNS PER SFaNS 31 .110.150. 160. 16~
(ROOOPLAIN MANAGEMENT REGUlATIONS)
21 .110.160 (3)(A) ELEVATION AND FLOODPROOFlNG - As indicated on the proposed tentative map, it is the developers intent to construct the lowest fbor of every unit above the base flood elevation.
21 .110.160 (3)(B) CONSTRUCTlON IN ZONES A0 OR VO - This project Is In Zones A and C.
21 .l 10.166 (3)(C)..NONRESlDENTIAL CONSTRUCTION - This project will be residential.
21.110.160 (3)(D) RESIDENTIAL CONSTRUCTION SUBJECT TO FLOODlNt3 - All floors In all the residential buildings are proposed to be constructed above the base fbod elevatbn and would, therefore, not be subject to fbodlng.
21.110.180 (b) FINAL PAD ELEVATIONS - The final pad elevations can be certified by a
registered professional engineer or surveyor when pad grading is completed.
160.110.200 (1) CONSTRUCTION IN FLOODWAYS - The project Is not In a Floodway.
160.110.210 (6) CONSTRUCTtON WITHIN COASTAL HIGH HAZARD AREAS - The project is not within a ‘coastal high hazard area.
160.110.220 (d) MUDFLOW AREAS (M) - This project is not within Zone M on the FIRM map.
“The use of the word ‘certify’ or ‘certlficatlon’ by a reglstered professbnal engineer In the
practbe of professional engineering or land surveying constitutes an expression of professional opinbn regarding those facts or findings which are the subject of the certlfbation, and does not constitute a warranty or guarantee, either. expressed or Implied, as defined in Section 6735.5 of the 1989 State of California Business and Professbns Code.
CEP ASSOCIATED l 9269-A Vlcken Street l San Diego, Califomlr 92111 l Telepltou (6191 2924393 FAX: (619) 2794013
fhantih lfilQI Al..n43 l Aancka Calihunia l714\ ljj6-1653
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILlTES IMPACIS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPAt ASSESSMENT:
FILE NAME AND NO.: TFTF HaMEToNs - rr 80 - 1 VPT m RQ-WWP %I -@ta - m-3
LOCAL FACILITY MANAGEMENT ZONE: I GENERAL PLAN: RMFJ
ZONING: J’r
DEVELOPER’S NAME H R RF.MIJ’=T~N PRmWRTIFC
ADDRESS: 3wbtfQWRm RAY PT.A7A - STm 3fn - T.ArJJNA, FA ~~77
PHONE NO.: (31d? &7fii-1~5~ ASSESSOR’S PARCEJ. No. 707-1131 -nl
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): veAC1/43
ESTIMATED COMPLETION DATE:
A.
B.
c. .
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = 1Fis
Library: Demand in Square Footage =
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage = niRES
Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
NA
Circulation: Demand in ADTs =
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. = -
Open Space: Acreage Provided - a7AT:
Schools:
(Demands to be determined by staff)
1A
Sewer: Demand in EDUs - A3
Identify Sub Basin -
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD -
The project is 8.025 dwelling units below the Growth Management Dwelling unit allowance.
‘.
DISCLOSURE FORM
APPLICAN7’: ff .R. Remington Pronerties Nama
AGENT:
3 Monarch Bay Plaza - Suite 202 Snuth hpma, CA 92677
’ ‘. Business Address
714-476- 1889
Telephone Number
.._ - CEP AS$CIATED
Name
8265-A Vickers Street
Business Address
614293 1w Telepho&e Number
MEMBERS: WA
Name (individual, partner, joint
venture, corporation, syndication)
WA
Home Address
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that In the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Roard
members, or Clty Council members to inspect and enter the property that is the
subject of thls application. l/We consent to entry for this purpose.
I/We declare under penalty of perJury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
APPLICANT
BY
Ant%-, nwnar P--.--a
.
_I
I 1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office ol the Cify Clerk
.
EXHIBIT “5”
TELEPHONE
(619) 434-2808
DATE : March 2, 1990
TO:
FROM:
RE:
Bobbie Hoder - Planning Dept.
Karen Kundtz - Deputy City Clerk
Appeal - CT 89-13/PUD 89-5/PUD 89-7 - THE HAMPTONS
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL.
According to the Municipal Code, appeals must be heard by the City Council
within 30 days of the date that the appeal was filed. (REMINDER: The item
will not be noticed in the newspaper until the agenda bill is signed off by
all parties.)
Please process this item in accordance with the procedures contained in the
Agenda Bill Preparation Manual. If you have any questions, please call.
----------------------------------------------------------------------------
ove matter should be scheduled for the City Council
Date
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
.
fi m-Y c IECEIVELi EM’S OFFICE (g-;;;
- 9UCAR-2 PM 2: fjg
aiqj IIf chlrlstra~ ChOF CARL.SpAn
APPfiAL FORM
1, (W> appeal the following decision of the 0 Pi c<kALf\ \ vy c o-~\M\~~~;~L~
4
to the City Council:
Project Name and Number (or subject of appeal): --p& \4LC~~\O~~5
c-y 4/y- t-s/ pa VI-s / 9-J 0 qy--7
Date of Decision: J-1, \710
d J
Reason for Appeal: ‘T-L VLQA +&J-L s CL-L.9 $33- IL- : uy CCL,\ J
CL 0 \3 c-cQ-- \ kLLCL+A Ll.A. WOd\.ai 1; \k --\D Lu,J,.-c-
-Ty~y’--scA~‘--~;
Signature
y&&j,, &bn4\~
Name (Please Print)
c(c\,c\ L2hA. La7
AddresLJ&LcL , c 11 q LOG g
I -M -bavj
Telephone Number
1 4 ‘.
.-_ CITY OF CARLSBAD --
1200 ELM PC ,NUE CARLSBAD, CALIFOt, .rA 92008
438=5621 . 45UiUd nc
1. L 1 1 J1.l.J 46El.Utl TL .
REC’D FROM $,j i) A s/A j-//jjv,~()w/-)j~ /?5 5SUC. I”’ -’ T DATE 3 - 3 - 7 f)
ACCOUNT NO.
wYlo.n(>(.w a?) 3
RECEIPT NO. 97541
DESCRIPTION AMOUNT _
TOTAL
.
-
March 26, 1990
The Honorable Mayor and Members of the City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
Dear Mayor Lewis and Council Members:
The following list details the Conditions of Approval that the Tu Casa Homeownerls Association and Neighbors is requesting that the City Council impose on the project referred to as The Hamptons.
1) The applicant should be required to provide an additional 15-20 public parking spaces on the project site outside of the project fence. The proposed project will remove approximately 4 public parking spaces from Marina Drive as a result of the space required for the proposed driveway and the areas where parking will need to be prohibited to allow vehicles to safely exit the project driveway. In addition, windsurfers and other day users currently park on the project site. That parking will no longer be available when the project is implemented. Therefore, to ensure continued public access opportunities to the portion of Agua Hedionda Lagoon designated for passive use, the City Council should require public parking on the project site.
2) The applicant should be required to delete the CC&R that prohibits parking in project driveways. Allowing residents and their guests to park in the driveways will provide additional on-site "privateVV parking in addition to the guest parking spaces. This will help to ensure that the some parking on Laguna Shores Drive will be available for use by the general public to maintain coastal access opportunities.
3) A drop off area (for temporary loading and unloading of windsurfing equipment, etc.) should be required at the southern end of the Laguna Shores Drive cul-de-sac to facilitate 'public access opportunities.
- .*
- -, i _
.y:..
‘.: :
4)
5)
6)
7)
Public restroom facilities should be required in, or adjacent to (if structures are'not allowed in the lOO-foot buffer area) the public access area.
The applicant should be required to widen the Marina Dr. parkway to the full lo-foot width required by City standards. The 5-foot area that the applicant has requested special permission to delete should be required because it would provide a landscaped area to encourage pedestrian use of Marina Drive.
The applicant should be required to reduce the maximum building height from 38 feet to 28 feet, because the additional height is not required to ensure good design. The lo-foot height reduction would, however, help to minimize adverse impacts on private views of the Lagoon from the north and the west that would result from approval of the Hamptons as proposed.
The applicant should be required to use a fencing material that will not block public or private views of the Lagoon to accomplish the proposed enclosure of the site. The fencing, as currently proposed, has the potential to block views of the Lagoon from the north and west because a solid fence material is proposed for at least the lower portion of the fence.
Thank you for your consideration of the Conditions of Approval outlined above. We believe that by imposing items l-7 as additional requirements on the proposed project, the project will become a welcome addition to the neighborhood and will not cause undesirable adverse impacts on public access to the Lagoon or unnecessary private view impairment.
Robin Putnam for Tu Casa Homeowner's Association and Neighbors
. _-
a WYNNDETHOMAS 4747 MARINA DR. . IZU&BAD, CA 92008
SuBMI?TEDFoRPUBLICREOXD CITY~UNCIL~I~ 3/27/90 * IlLliT ME SAY I AM PLEASEDTHATHOUSING IS PROFOSEDTOBECONSTRUCI'EDONTHIS SITE.
ITCANONLYBEANASSE!TTOTHEAREAANDCITY. IT'SJUSTTHAT I HAVE SOME
O~IoNSTosoMEOFTHEPLANNINGDEsIGNSANDwHAT I FEELHASBmDELEI'ED
FROMTHEDESIGN.
AT9Xl3PREVIOUSMEFTINGS,IHAVES- FmPUBLIcRmxD,PIc!rURESWBICB
SHOW THE ALREADYDIFFICULTPARKINGPROBLJ3lWHICH&XISTS XlDAY. I HOPEYOUHAVE
ALLHADANOPPORTUNITY'IOVIEWTHESEPICJ?URES. I mTI-lE PROJEST ISBEING
BUILT flWITHIN" CITY CODES, BUT TBE CITY AT THIS TIME MUST NOT ONLY JUJXF, THIS
PROJ.ECI' BY IT'S OWN MERITS AND WEAKNESSES, IT MUST LOOK AT THE BIG PICTURE, AND
TAKE 1N'I.Q CONSIDERATION TBE MERITS AND WEAKNESSESOFTHEAREATHIS PROJECT
IS BEING BUILT IN.
THIS AREA IS,AND SHOULD ALWAYS BE TREATED WITH RESPECT FOR THOSE LIVING AND
VISITING IT. ~ISTHETIMETHATTHECrrYCANMAKEA~D~P~WORK
WITHINTHE ALREADY ESTABLISHED -1TY AND PROVIDE FOR THE RECREATIONAL USERS
OFTHIS,OUR, BEAUTIFTJLLAcooN.
PARKINGMU
++
EPROVIDEDFORTHEDAYUSERSRYTHEDEVELOPERONTHEPROJECT SITE.
ALSOPUBLICRESTROOMS SHOUlDBEREQuIREDFoRTHEDAYUSERs.
IFEELALSOTHAT ,5DECHING MUST BE DONE m PROTECT THE BLUFF FROM EROSION. I
HAvEBEENToLDTHATTHEREARENoPROvISIoNSFoRTHISMucH~~~~IoN.
WITH MORE PEOPLE SCRAMBLING UP AND DOWN THE BLUFF, AND WITH RAINY CONDITIONS,
I DON'TWANTTOWATCHTHE~INUEDCRUMBLINGOFTHEBLUFF INTOTHELAGOON.
IF IT'S NOI' PRWTECIED Now, OUR 100' BUFFER OF PUBLIC USE AREA WILaL BE OUT !tfl
SEAINNOTIME.
QUESTION WILL BE WIDENED FROM IT'S NOW
30' w & F'ROMCURB'I0C!URB,To36'WIDEFRC&,ICURBTUCUREi?
THANK YOU. THIS WILL MAKE MANEUVERINGONTHIS STREET SAFER, BUT SORRYTHAT IT
WILLNOT INCREASEOURMISTINGPARKINGWHICHHASBEENL;ESSENEDBYTHE
EPIERGENCY INGRESS ON MARINA DR.
ONJ3LASTFOINT. IO~TOTHEF~THEYWANTONTHEPROJECTSITEANDALSO
AT-ISOOURFEES SHOULDBEWAIVEDBECAUSEOFTHE 2 IMPROPERLtYNoTI
HEARINGS BEFORETHECITYPLANNINGUX@lISS
&
-n.&v-G-.kL(9*-
UdJLb Q-p-A. -.L-pQL
THE HAMPRONS CT 89-13/PUD 89-5/SUP 89-7/SV 89-3
-i.... ’ ,<. <- ,~--9c ;c ” ‘ / _-e ~,~37c-& ,,... ‘_,!-& 5 1 + i.
/’ . * sL’ 1 L&/& p.-& “2 L-r c..) L
-. ,r
( ,J I .-.--‘I I , f -.-i<; ri : c- Cc.? iI/
, c--, , L_ [..
/ _‘- .‘I. : \ &q&d&.$&” kwJ &+;i& ~, ~ -*
WEHAVEGIVENUPMANYTHINGS
A WITHAPUD,LIKEWEHAVEBEFOREUSTONI~,WEHAVEG~UPDRIVEWAYPARKINGAND
ANDPARKINGONTHEINTERNAL STREETS, ASVERS~ADEDICATEDSTREETWHICHATJXJWS
PARKINGALONGALLCURBING. THIS ISN0l?SINGLEFAMILYHOUSINGWHEREEVERYHOUSE
HASSTREETPARKINGINFRONT.OFIT. THEPUDCAMEAE0UTSOWECOULDHAVEGooD
DESIGN, NCYI'FORMEEXNGTHEMINIMUNREQUDQMENTS OF CODES OR THE MINIMUM REQurREMENI'S
OFTHECOMMUNITY. THE CITY HAS A RESPONSIBILITY To IT'S CITIZENS To PROVIDE WHAT
WORKsWITHREAL1TY. PARKING~ES, ANDFORTHATMA~, ALLCrrYaoDEs, SHOULDBEOPEN
ENDED, ALWAYS UP FOR REivIEw AND POSSIBLIE CHANGE.
THIS AREA IS HEAVILY USED BY DAY USERS. ATTHEPREVIOUSMEETINGSWEHAVESUBMITFED
PETITIONS ASKING FOR MORE PARKING FOR THESE DAY USERS. THIS IS A HIGHLY CONGESTED
AREA AS IT IS, NOW. I SUBMITT0YOUTONIGHTMORJ!i'NAMES OFDAYUSERS WHOF'EELTHEIR
NEEDSSHOULSBEADDRESSEDHERET0NIGHT. PICTURES TAKEN 3/11/90 VERY COLD
WINDY WINTER DAY 2:3OPM 15 VEHICLES 3: OOPM 18VEHICLES
WHERE EILL THESE DAY USERS PARK WHEN THIS PROJECT@? 42-3 BEDROOM UNITS IS aXdP=?
DIRECTLY EAST OF THIS PROJECT IS 26-3 BEDRCXX UNITS ALREADYUNDERCONSTRuCTION.
WITHTHEEMERGENCYINGRESSIXXC'EDONMARINADk,THE COMMUNITYLCOSESAMINIMUM
OF 3 SPACES OFEXISTINGPARKING,ANDC!@lBINETHISWITHPUBLICACCESSFROMTHE
IAGCONCCMINGUPDIRECILY~MARINADR. DEMANDINGPARKINGONTHES ALtREmY CONGESTED
E!ilRET, -ING EXTRA MUST BE DONE.
IF THE 3 COMPLEXES ON MARINA DR. WERE lV BE BUULT TODAY BY TODAYS CODES, WE m ,p&ls (4CLuws bu* b-6
BE SHY BY ONLY 9 SPACES. WE BUILT AHEAD, BUT IT STILL DOESN'T WORK WITH TODAY'S
LIFESTYLES.
~- -- ---- -_--_-_.-_ WITH THE CITY BEING SO aNCERNED WITH~GIVING PUBLIC ACCESS To THE LAGOON, AND WHICH
IAMINAGREEMENT WITH, THEN THE CITY SHOULD ALSO PROVIDE ADEQUATE PARKING FOR THE DAY
USERS. PUBLIC PARKING FOR PUBLIC ACCESS. I FEEL THE COASTAL COMMISSION WILL BE VERY CON~WITHTHISMATI'ERWHEN ITGOESBEFORE~FORFINALAPPROVAL.
%BMTTED FOR PUBLIC =RD CITY COUNCIL 3/27/90 SHARON GLANCY 4747 MARINA DR
THE HllMFlDNS Cl' 89-13/PUD 89-5/SUP 89-7/SV 89-3
-
JIM KERN0 3522 SITIO BAYA CARL%AD (6191436-5789
TOMPALENSCAR (619)729-3967
STEVEScfIuGlTE (6191436-4274 usINGLAoooN2yEARs
KEVIN WARRIN (619)942-0177 cARDmusINGLAm2YEARs
JOE STAMM 248 S. ACOMA
JERRY FANNING 745 BRAcERo RD. ENCINATAS 92024 (619)632-0622
DAYUSERS OF THE LACOON SUNDAY MARCH II,1990
STORMY WEEKEND RAIN ALL DAY SATURDAY, BU'T SUNNY ONmAY, AND DY
COLD AND WINDY.
SUNDAY MARCH II,1990 2:30 15 VEHICLES
3:OOp.m. 18 VEHICLJZS
THEYWERESO~~THATTHEYOOULDNCrrHOLDAPENCILINTHEIRHANDS,SOITOOK
DOWNTHE INF0RMATION.THEYWEREHAVINGAGLQRIOUS TIMEWITHTHEIRWINDSUFtFERS ON THE WATER THAT DAY.
SHARON GLANCY
4747 MARINA DR. *
CARLSBAD, CA 92008
PLE?iSEHAVE ITDELETEDFROMTHEcC&RSTHATPARKING ISPROHIBI!BZl INTHEDRIVEWAYS.
LE!TTHE RESIDEXWS OFTHE HAMP'IONS DECIDEFoRTHEMSEL,VElSWHATWRKS INREGARDS
. TODRIVEWAYPARKING.
THE CRIB WALL OR SLQPE WHICH WILL BE ON THE SOUTH END OF THR PROPERTY SHOULD
NOT BE AIXQWED To l3lCROACH INTO THE PUBLIC ACCESS AREA. THIS 100' PUBLIC IS
FoRTHEPUBLIC,N0I'THEDEVELQPERSPRcxsEcT.
REQUIRED 38" TURNING RADIUS, AS IT IS , AND IFLEl?I'THISWAY,AVEHICLECANNCW
TURN AROUND AT THE END OF TI-JE CUL DE SAC, AND AT THE END OF THE COU DE SAC IS A
FIREHYDRANT. I HOPEYOUREALIZETHAT IFAN~~CYVEEfICLECAMEEOWNMARINA
DR. ITbXXJLDHAVEAN EXIWME%YDIFFICULTTIME INMAIWWERING. IWOULDN'TWANT
'IOBETJrIEPERSONNEEDINGEMERGENCYSERVICES. WE'VEBEENLUCKYSOFAR,BUTwE
PUBLIC RECORD CITY COUNCIL MEFTING
3/27/90
THE HAMPIONS CT. 89-13/PUD 89-S/SUP 89-7/SV 89-3
WEALLKNOWTHIS'IOBEAVIEWSENSITIVEAREA. THECITYHAS REQUIREDTHEAPPLICANT
m GIVE 60% OF HIS LAND FOR VIEW CORRIDORS AND THE lo0 BUFFER FOR PUBLIC ACCESS.
SO WHY, IN THE STAFF REE'ORT DATED JAN.17,1990 PG. 3 PARAGRAPH 2,ARE THE ONLY VIEWS
TAKEN INTO CONSIDERATIONFR~ THE "HOMES DIRECTLY NORTH OF THE SITE ARE APPROXIMATELY
115' ABOVE PARK DR." ? THERE ARE CYI'HER VIEWS 'IO BE CONSIDERED HERE. I REALIZE
SOMEWILLBEBLCCKED BY WHATEVER IS BULIT, BUT IS A 38' 2 STORY UNIT ON TOP OF
A 4'-8' FILL A GOOD DESING FOR A VIEW SENSITIVE AREA? STAFF SAYS THEY WILL JUDGE
THE PROJECT AmRDING m IT'S OWN MERITS IN REGARDSTOTHEAMOUNTOFFILL~,
SINCE THERE IS NO ACTUAL CODE LIMITING THE AMOUNTOFFILLALIQWEDONAFLATLCTr.
I HOPE THE CITY OOUNCIL WILL EXERCISE THEIR AUTYORITY HERE mNIGHT AND JUDGE THE
MERITS OF THE FILL AS m BEING PROPER FOR THIS PARTICULAR VIEW SENSITIVE AREA.
AND AGAIN, IS A 38', TbD STORYUNITACOODDESINGFORTHFS AREA, WHENATWDS‘IORY
CAN BE BUILT UNDER 27'? LAGCON SHORES, THE PROJECT UNDER CONSTRUCTION JUST DUE
EASTOFTHIS PRChJECT, IS m SmRY, BEING BUILT 26' HIGH. I FEEL THE HEIGHT
SHOULDBEREDUCEDTOCONFORMWITHTHEVIEWAREA.
I ALSO ASK FOR OUR APPEAL FEES 'IO BE WAIVED BECAUSE OF THE PRIOR IMPROmY
N(rrIcED PUBLIC HEARINGS.
I HOPE YOU WILL GIVE CONSIDERATION TO EVERYONE'S INPUT HERE
TONIGHT WHEN YOU MAKE YOUR FINAL DECISION ON THIS PROJECT.
REMEMBER..... THIS IS THE TIME THAT THE CITY CAN MAKE THIS
PROJECT ONE THAT WE ALL CAN BE PROUD OF AND ONE WHICH TRULY
WORKS FOR ALL CONCERNED. WITH WILLINGNESS ON THE CITY'S PART TO
ACCOMODATE AND ADAPT TO THE CHANGING LIFESTYLES OF TODAY'S CITIZENS,
WE CAN HAVE HERE A GOOD PROJECT, GOOD FOR ALL CONCERNED.
smyjy~~ mR PUBLIC REo CITY COUNCIL PUBLIC HEARING 3/27/90
THE HAMPIONS CT 89-13/PUD 89-5/SUP 89-7/SV 89-3
. CT 89-13/PUD 89-5/SUP 89-7/SV 89-3
JANUARY 3, 1990
PAGE 3
A minimum 20 foot building setback is observed on Park Avenue. Building setbacks from other property lines vary from minimums of approximately 54 feet on the west to 63 feet on the east and 107 feet to the south. Thirteen guest parking spaces
are required, and sixteen parallel guest parking spaces are provided within a
32 foot wide private street. An additional 4 spaces are provided in a bay at the northern end of Hampton Court. 840 square feet has been included for recreational vehicle storage which meets the minimum requirements. Minimum separation between buildings is 20 feet.
Views to the lagoon are not impaired by The Hamptons because of the provision of view corridors and the pad elevation of the homes directly north of the site are approximately 115 feet above Park Drive.
Local Coastal Proaram: Aqua Hedionda Land Use Plan
The site is referred to as the "Ferrero" property in the plan. The designated policies applicable to the"Ferrero" property include a 100 foot buffer on the south side between development and environmentally sensitive areas, pedestrian access to the lagoon, and view corridors equal to one-third of the road frontage of the parcel.
A 100 foot buffer has been provided adjacent to the lagoon which will be enhanced for public use. The design of that enhancement which will include landscaping and natural shoreline improvement will be done under the supervision of the Department of Fish and Game. Design of this public recreation area will be based on its sensitivity to the shoreline and the inclusion of non-invasive plant materials. The applicant has proposed a varying slope (8 to 1) to (3 to 1) from the units towards the lagoon. This is the preferred alternative which will be presented to the Coastal Commission. However, because this would encroach into the 100 foot buffer, an alternative crib wall design has also been proposed should the Coastal Commission not allow the slopes to encroach into the 100 foot buffer.
Pedestrian access has been provided to the lagoon shore from Laguna Shores Place via a 5 foot sidewalk. Visual access to the lagoon is provided by two view corridors. Based on an ultimate road frontage of 566 feet, one-third or 188.6 feet are required to be set aside as a view corridor. The proposal has 188 feet of view corridor which includes 28 feet of the Laguna Shores Place right-of-
way. The additional .6 feet needed to meet the minimum requirement is made up
by setting the buildings back from the view corridor edges.
b
Scenic Corridor Guidelines
Goals of the Guidelines are to preserve views and provide access to scenic areas. As proposed, the project has included view corridors and public access.
Implementation of the Scenic Corridor Guidelines landscape theme which limits trees and tall shrubs will provide additional conformance with the specified gujdelines.
e ,. 9 /S7k’ iilL K r’ -@Ly--
l *. ‘\
.’ CITE’ OF CALSBAD REQUE3 1 FOR ACTION ,i:d:~,:::~ er:z:jii~~~~~~~~~~~:~~~~~~~~~~~~~
.
Requestor’s Name Cr\ id- (23LJN Received By
.
Explanat$n of Request
b LL1/-K; I I;ic( p&f& \, C_kk+ &ls)oGt- f-w& Li\q/ (3$
?lkbk- Me&( ; ykj,4 --bC ?,t?e. l+&\,&(,S c’i- #+- r5/ I
‘&tfJ yyl+- pg.Lppf. /&)+&y ‘qz)/q* (h,LkA c I
bL5.L; 04 &!L,b$@~ mLJ&L~ \ ~lsr.5chQ,\ Jfu~ + G-Q2J.J
-ceeo [A: d .
Q\ ti= co<sc Ai y-de L,‘,Y L (--&+.Ic
Location Cross-streets v
Action Taken I ,,’
! 1./‘( ‘; / I<‘( f-.,, > il>(-‘/, I c< 1 bJ .x7 //q (J Cl L”., 1 c ; I
.‘-l Handled &’ -; -L’S ,&,l,/ \
i ‘, Dept./Div. Date -3//s/‘? c!
Requestor Notified of Action Taken: Cl Yes
Date Signed
0 No
. -
NOTICE OF PUBLIC HEARING
.
/. .i
.
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will
hold a public hearing at the Council Chambers, 1200 Elm Avenue, Carlsbad, California,
at 600 p.m. on Wednesday, February 21, 1990, to consider approval of a Tentative Map,
Planned Unit Development, and a Special Use Permit on property generally located south
of Park Drive and east of Marina Drive in the PC Zone, and more particularly described
as:
A portion of Lot 1 of Ranch0 Agua Hedionda in the City of Carlsbad,
according to map thereof No. 823 filed November 16, 1986 known as
Assessor Parcel No. 207-101-01.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. If you have any questions, please call the Planning Department at 4381161.
If you challenge the Tentative Map, Planned Unit Development, or Special Use Permit in
court, you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice or in written correspondence delivered to the City
of Carlsbad at or prior to the public hearing.
CASE FILE: CT 89-13/PUD 89-5/SUP 89-7
APPLICANT: THE HAMPTONS
PUBLISH: FEBRUARY 8, 1990
TELEPHONE
(6 19) 434-2808
DATE: March 2, 1990
TO:
FROM:
RE:
Bobbie Hoder - Planning Dept.
Karen Kundtz - Deputy City Clerk
Appeal - CT 89-13/PUD 89-5/PUD 89-7 - THE HAMPTONS
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL.
According to the Municipal Code, appeals must be heard by the City Council
within 30 days of the date that the appeal was filed. (REMINDER: The item
will not be noticed in the newspaper until the agenda bill is signed off by
all parties.)
Please process this item in accordance with the procedures contained in the
Agenda Bill Preparation Manual. If you have any questions, please call.
The appeal of the above matter should be scheduled for the City Council
Meeting of .
Signature Date
. I
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
APPEAL FORM
1, (We appeal the following decision of the a
Q\ c%-tnin \ y L--;rr,~; b-0
a
to the City Council:
Project Name and Number (or subject of appeal): -p-L px-vqro-5
C'T 64-\3/ pa VI-- /sue TV--3
Date of Decision: a-\, \wo
J J
Reason for Appeal: k-L?2+&5 c!L~ ~\c:a.q c-4
aQ ?&CL\ b--%~
J
L4P-k. bm3d QL +o L&e-
3b Iw
Date
Ta?+-*
Signature
TU 3 Uim5 -
ki&L.h5 CL&- -
Name
7. wcG4L-L LJLCcdd-
, -~
(Please
tie \9
Print)
c-!uJL 0 4 7
&LA -%----k
P’\ c&-xVL\~
L
--?5
WUM; “JQG L? 12-9 --~aJly
Telephone Number
t.
c CITY OF CARLSBAD i. .v i - . 1200 ELM AVENUE CARLSBAD, CALlFOharlA 92008 :\t
J 438-5621 . i(!jtsd;Ud I%
. ..-i.., _A 4 /L.-i f/rl o5Ei.a TL f') REC'D FROM --&i c.- A 5 /A j-1 I’) jL'lE .-I i/&J/~ r; 5 r5oc. DATE 3 - 3 ’ 9 (>
.
ACCOUNT NO. DESCRIPTION AMOUNT
I
&$-yi J-C)(] 0 3. rs J?/ 3 PB-/?FJd)~6 if4131 %PL LJj7l1Do’
I
RECEIPT NO. 97541
l
.
/-\
i_
4
NOTICE OF PUBLIC HEARING
APPEAL
CT 89-13/PUD 89-5/SUP 89-7
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a
public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California,
at 6:00 P.M., on Tuesday, March 27, 1990, to consider an appeal of the Planning
Commission approval of a Tentative Map, Planned Unit Development, and Special Use
Permit on property generally located south of Park Drive and east of Marina Drive
in the PC Zone, and more particularly described as:
A portion of Lot 1 of Ranch0 Agua Hedionda in the City of
Carlsbad, according to map thereof No. 823 filed November 16
1986, known as Assessor Parcel No. 207-101-01.
If you have any questions regarding this matter, please call the Planning
Department at 438-1161.
If you challenge the Tentative Map, Planned Unit Development, or Special Use
Permit in court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice, or in written
correspondence delivered to the City of Carlsbad City CferB!s Office at or prior to the public hearing.
APPELLANT: Robin Putnam for
Tu Casa Homeowners Association
PUBLISH: Mz CITY COUNCIL
HAMPTONS I SUP 89-7
CIVIL ENGINEERING-PLANNING-LA ) SURVEMNG
, TRANSMITI’AL FORM
~0: City of Carlsbad
Planning Dept.
2075 Las Palmas Dr.
Carlsbad, CA 92009
DATE: 02/08/90
ATTENTION: Christer Westman
JOB NUMBER:
SUBJECT:
73500
Hamptons
WE ARE TRANSMITTING:
updated notice package for your use. This list was prepared by the County Assessors
Office and according to them the list is up to date as of January 29,199O.
Respectfully,
CEPA
Lex Williman
Vice President-Planning
CC:
600 SO. -EN DR.. A. FSCO( ” ”
‘I .
.
_,- .-
L
.
II
c
:
: c
: P \ c c c
: c
; C
I:
:
i <
( , 1
1 I I I I I
8 l
1 I
t H , , ,
I
I
Am* <UC
gT;c L
xi%
&z
i&L;
0 C c C C
a
%a OLlc
5
z5i
fgf .
-1v)I
PU!
6r VIMi
I I
1 I
VI
c!
G
G Y
4g
ILiz cI#
cc
3% II'
50:
%Z + .t /
C
I
:
C c
;; r C
;:
:
;
s E
:
: C
: c r
;
;
:
, I ‘C
:
,
i
I
, c
I
I
;
1
I I
1 I
:
: C
;
r
\: C
Y
;
:
;
:
t
( (
I
(
‘ I I
I
;
1
i
I
I
(
,
,
, s
1 4 J \
s > c
i c L : a c :
z
: c
\: c
; C II
F
t
;
t E
:
: c
h c ,
: ‘
;
:
i
t t
4
:
:
I I I
I I
; 4 I
I I I ,
C C
: C
N
: r: c II
F
5
r r
: P
( ( t ( (
( ( I
; L
;
1
i
1 I
I , 4 I ,
, I I
I I I I , I
, I , /
c c
: c
: u r: c u
;
i
;
: r
, f I I 4
,
1 I
I I
;
1
i
1 n f
:
:
c
:
Y
Y
:
;
:
i
1
(
I
:
‘
I
I
L
I L
; , I
i
1 I
I
I I
I I
I
I
I
I
;
1
:
1
I
c u
I
.J a I- w
z 5 2 ‘3 7 00
$5:
s,Xf l-fmr
ti03
%LL:
a I: ,
t :
W
ii f-f
g
z
I
E
tm LU-
p
nci aspa*
ZO:
iI&:
cu
Ex
$C;
3
*fY:
i?E:
%i:i 7 1 I-II
pz;
SZf
5 A
‘)a
d-4;
axe
EL i-twi
‘5:
%O’
izz:: 4N.
E
7;;:
drci
%E;
uz. HWI
‘55
go’
ii!ii4I -IN.
; : i
I
I
I
u
c
-
L
:
5
.
t
:
t
.
b
*
:
f”
t _ .1
:
: c
:
: c Li
;
:
i
i
C C C C c
C
: P E Y r r
:
i
i
, f 1 t I
I I I , I I I , ,
I , , 1
c c
: c
<
: r t L
;
I
i
i
c C c C c
: c
: L
;
:
i
I f
c c
: c
Li
:
: L
;
t
i
i
: C
:
‘i
:
: Li
;
:
i
: t
C C
ii c
r C C
a c
U
?-
r
t
n
im WI*
ZW
&$
2^
a 52” 7u K
&Z n ,rIn
2:
E C
:
R
;
a C U
;:
it
K
: h
C C
: C
w-
$
2 u r
: h
;;
5 h
2
z C
C
$
2 U
F
:
;;
:
i
/‘+-“.
‘I
3 WZ
1
WI
2
I%
E”
map -III au
022 AEI
timl >Ol
gs;
1
: a h
5
;
:
)
> J
W
z
ZW aw*
Et? I-IWO
T?
5”: wz:
&n’
%%
>---
ii n
t-
z
EN
CEi
P 1 ,nx-
2%
Eoi
OLi
iz
‘Y
Ei
$24. nzt I-H
&!
F: ,rm. ,I01
SSi
.*
,’
’
!
r”“,
.
*
22 0 -rw +> 7H
WE.
3
ii%: 1
%;
YUl
a c
: c
0
ii!
E2
K:: n-
% O- lI)UE
2Ln4
!rr:: -
4
I I ,
1
:
: 1
;
I
;
i t
< c
: c
\
;
I L
;
:
;
E
:
: C
(I
:
: ”
;
z
;; c P
s
“2
I% In
LB wzc
5%
FE
2&
>uc
;1
ii
7
% c
s= guii
:gt Y h
wdf WO- 4 c
&
U SOP
gt::
(\
r:
G
: > , \
5
3
I )
1 1
:
: c
c c u
: I,
F
:
;
: P
c c
: C
: u
: u
F
:
;
f
C C
: C
E U
: u
;;
:
F
E
,‘,,,
.
C
z 0 C
U
;
: ”
F
:
;
f
C
: C C
v r b 0 c u
;
I
;
: r
I
z C
h
; a c ”
F
:
;
E
I c a C
s
: cl
F
E
;:
f P
: c c c
: Y
: Li
;
:
l
t
i
r
I
:
C
C
;
:
: c
r: P Y
: u
;
:
;
: c
i
I c
t I 4 c I
i
1
i
1 I
c c
:
C C
ii C
i
z U
F
:
i
f
e c
: e
\ P u
: I.
;
:
;
: r
C
: a C
u
s
: ”
;
f
;
s
a
i&J Hl(; a +w 7> H AK
ii?
%
%
$
t.is
zi
2
z
ins;
Yea
2:
H
zz
m MM ,.
__ I
C
I
C
C
C
h
”
:
Y
F
:
;:
i
P
<
t
: c
:
1
<
c 1
;
I
;
:
f
:
: c
: Y
0 c LI
;
:
; c
P
,
: I C
E P
: U
F
E
;
f
C C
: C
C C
:
z
;:
:
;;
: P
E c
: C
: \i
: ”
F
:
F
: r
do @"
HW +>
‘::
Ff
G:
2:
Z% am< out
I -’
c c
: c
I , r
: 1
:
:
;
i r
: C C c
4
;
: u
;
:
;
: r
:, * : :
:
t , .
t
:
: .
1 : ,
t
;
.
,.I
I
1 f
: c
i r
: Li
;
:
;
i
c
: C c
c
; 0 c Li
;
:
;
: r
:
: C
0
;
: LI
;
:
;;
t
c c
I C
::
r
: u
;:
:
;r
f
C
:
I
::
r
:
”
F
z
;;
:
P
I
C
:
c
:
:
:
r
;
C
*:
r
t
c
r
E
:
C
:
C
c
u r
r
C
;
P
;(
5
E
C
:
C C
C
:
F E
r:
:
r
;
f
C
: a C
s U C L C s
c
P
C
I a c
: r: C w C \: r
:
;
F P
c c
E C
c C h C * c < P
F
;; c
r
a
z 7
iii%
g
ZWIJ
l-m2 AN< Hber CPNC
i!
: 0
W
d
gcg
+A 7
WE
iiizz IJJW Knc
Liz .A u I-- IluQ Ok?
I
.
i :
i
t ,
t
t I
I
I : b
;
I
.
i ’
.
.
W 42
g4
OK 70
s--7
KCIC
$E;
o;;li
zi%;
‘ii aa -I-I
ia?
K.
EY n.nL
rE:
%I4 OPCL Zb~ HUC
C
:
:
c C r
; c
:
f
C C
: c
c
:
; E Y
: r
: c C C
: C C t. c u: r
:
; C P
si
: C
C c r;
; C \:
: r
;;
: I*
C C
: C
C C *
I; C r:
E 0
5
:
E
: C
C
:
;; C Y
r
:
F c P
> > > \ >
3 >
a ) , t
>
,
>
1 > a ,
3
a > > 4 ) > t
I
I
,
, , ) \ ¶
> a
1 4
1 3 t
,
3
c C
: C
C
: 0 w C
:
:
c C
: C
C
:
6 C <
: 0
I C
:
C C
a
; C \:
: 0
6 c (r
_- I
! :
i
! 1
1
I
i I .
I : 1
1 .
!.
. . .
a 3 a c 2
1
3 . t
a .
i h
a J 2 n 3
3 3
1
a .
c 3 4 c
¶ a a
3
2 a 4 4 a c t
3 .
-I c >
‘i
C C C
:
C C \i
; c \:
: P
;;
i F
c
: C c
: u
; r \:
r
i
;
f P
C c
: C
c c r; r
i u; r
i
;
E
2 m cn
i$
0 0 OL
0 ch 0 ii;
0 0 zg
N a I- O tg
b 0 2;
I+ Liz c\. 0 h 2: h mu