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HomeMy WebLinkAbout1990-06-18; City Council; 690-3; Zone 12- Arroyo Lacosta PlanningPARKS & RECREATION COMMISSION - AGENDA BILL ABtffe^O-B m M ^^ Of f^. Ibl j (i ^^ 1 f^j *^i CJ DEPT. TITLE: ZONE 12 -- ARROYO LACOSTA PLANNING COMMISSION CONDITION OF APPROVAL (ACTION) DEPT. HD. CITY ATTY CITY MGR. RECOMMENDED ACTION: Review and discuss proposed condition of approval regarding public use of H.O.A. Swimming Pool. Consider and endorse the option to enter into an agreement for certain public uses of the swimming pool at a later date when the pool construction nears completion. ITEM EXPLANATION: During the Planning Commission meeting on June 6, 1990, a proposed condition regarding public use of the Homeowners' Association swimming pool in the Arroyo LaCosta Development (Zone 12) was approved as a condition of development, t/vl^b o-ff^-coi-fc*(. OJT Xo-v~ iyw- W^ yo^-t-t c-o--e«{ The attached condition of approval (Exhibit 1) incorporates a number of points for certain uses of the swimming pool. Although staff has not had sufficient time to review this issue, it appears that the City retains an option to enter into an agreement to provide for certain public use when sponsored by the Parks and Recreation Department. Staff feels an execution of such an agreement at this time is premature. However, as the construction of the pool nears completion (approximately 3 years), the ability to exercise this option may be advantageous at that time. Representatives from the Fieldstone Company will be available to make a presentation or answer questions of the Commission. EXHIBITS; 1. Hofman Planning Associates memo dated June 6, 1990 8 029 ROv» BY: XEROX TELECOPIER 7010 ; 6- 7-90 2!59H'I ; 6194381465-* 24070)8 2 FROM HPR 6. 7.1990 14:58 P. 2 HOFMAN PLANNING ASSOCIATES Planning • Project Management • Racal Analysis June 6, 1990 TO: Dee Landers FROM: Bill Hofman Proposed condition regarding public use of swimming pool: "Prior to occupancy of the recreation center in Village OS-9, the applicant shall give the city the option of entering into an agreement incorporating the following points for certain public uses of the swimming pool: a. Public uses shall be limited to those uses sponsored by the City of Carlsbad Parks and Recreation Department. V* b. Public use of the pool shall be restricted from weekends, holidays and weekdays after 3:00 PM. c. The City of Carlsbad shall enter into a hold harmless agreement with the Homeowners Association and the applicant for any liability that may be incurred associated with public uses. d. The Homeowners Association shall be fairly compensated by the City of Carlsbad for any such public uses. e. Public uses shall be subject to any rules, regulations and policies imposed upon the project by the State of California Department of Real Estate and upon consent of the City which consent shall not be unreasonably withheld. The agreement shall contain provisions for equitable dispute resolution for any matters related to the agreement. EXHIBIT 1030 Olftfi ffr^rimu Slim 1On m r.mrtmhmri m HA SWOTO • CR1O1 MINUTES June 6. 1990 PLANNING COMMISSION Page 13 Chairman Schramm and Commissioner Erwin both feel that in the future, site development diagrams should be provided ahead of time so that this problem does not occur again. If the Commission will require this on all projects, Michael Holzmiller, Planning Director, would like to have a vote taken in order to provide direction to staff. Ron Ball, Assistant City Attorney, commented that staff could report at the next meeting whether this change would require policy or ordinance changes. HDP 88-8 Motion was duly made, seconded, and carried to approve Resolution No. 3034 in concept, recommending approval of HDP 88-8, a Hillside Development Permit. No changes. 'SDP 8 9 -'IS""* Motion"was 'duly made, seconded, and carried to approve Resolution No. 3035 in concept, recommending approval of Site Development Plan 89-18 with addition of the proposed conditions for public use of the swimming pool as proposed .by Fieldstone, without a sunset clause. The conditions are outlined in HPA memo dated June 6, 1990 to Dee Landers. SUP 89-3 Commissioner Erwin inquired if there will be any encroachments to the flood plain other than the roadway. Mr. Wojcik replied to the affirmative. Motion was duly made, seconded, and carried to approve Resolution No. 3036 in concept, recommending approval of Special Use Permit 89-3. No changes. SUP 90-8 Motion was duly made, seconded, and carried to approve Resolution No. 3037 in concept, recommending approval of Special Use Permit 90-8. No changes. ROI 181 Motion was duly made, seconded, and carried to approve Resolution of Intent No. 181, in concept. No changes. Erwin Hall Holmes Marcus McFadden Schlehuber Schramm Erwin Hall Holmes Marcus McFadden Schlehuber Schraran Erwin Hall Holmes Marcus McFadden Schlehuber Schramm Erwin Hall Holmes Marcus McFadden Schlehuber Schramm Erwin Hall Holmes Marcus McFadden Schlehuber Schramm X X X X X .U' \ X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X *" \VU' \