HomeMy WebLinkAbout1990-08-28; City Council; 10805; ARROYO LA COSTA MASTER PLANNED COMMUNITY FOR 1076 UNITS3 -
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ClmF CARLSBAD - AGEN-ILL
ARROYO LA COSTA MASTER PLANNED AB#/$ f5L7H TITLE:
DEPT.-
RECOIMMENDED ACTION:
MTG.Ii/ 28 / 90 ;I:, COMMUNITY FOR 1076 UNITS
CITY 0
If the City Council concurs, your action is to adopt Ordii
Nos. NS-123, NS-124 and NS-125 approving Master Plan Amen(
MFF'A-149(0), Master Plan 88-1 and Zone Change ZC 88-3 for Arro
Casta
ITEM EXPLANATION
Thle City Council at your meeting of July 31, 1990 intra(
Ordinance Nos. NS-123, NS-124 and NS-125 approving MPA-149(0
88-1 and ZC 88-3 for the Arroyo La Costa Master Plan commu
In taking that action the Council added some addit
conditions. They have been incorporated into the att
documents. Prior to adopting the ordinances, Council s
satisfy itself that we have correctly incorporated intentions. If the Council concurs your action is to adop
three ordinances.
EXHIBITS
Ordinance No. NS-123
Ordinance No. NS-124
Ordinance No. NS-125
Memorandum dated August 29, 1990 from City Attorney to City Clerk.
'".'CITY CLERK'S NOTE:
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At the meeting of July 31, 1990, Council also approved the Tentative Map by adopting Resolution No. 90-258 as amended inciuue several conditions. To ensure that the Resolution 1 amended to accurately reflect Council's intentions, please review the attached Resolution No. 90-258, and note Council cclncurrance, or needed changes.
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August 29, 1990
TO : City Clerk
FROM : City Attorney
ARROYO LA COSTA CONDITIONS
Please add this memorandum to Agenda Bill No. 10,805 Arroyo I
Costa when you return it to the agenda at the City Council'
meeting of September 4, 1990. As you know, I prepared three ne ordinances which incorporated the changes made by the Council a its meeting of July 31, 1990. I believe they accurate1
incorporate the Council's intent. Because of the substantia
changes made at that meeting by the Council to the tentative m2 approval conditions, you have also attached to the agenda bill tk
CT resolution which was prepared by the Planning Department. Thj memorandum is to ask that the City Council consider one correctic
and one addition to that resolution.
New Condition No. 1 to Ordinance NS-124 deals with the opening c
the emergency access gates to be installed at Corte Carolina and I
Bosque. That same subject is dealt with in a different way i
matter, tentative map conditions must be capable of satisfactic prior to approval of the final map. Since the gate removal issi will almost certainly not occur until after final map approval, I is not an appropriate subject for inclusion in the tentative mi
resolution which is why I placed it in the ordinance. I recommer that Condition No. 97 be replaced with the following:
Condition No. 97 in the CT Resolution No. 90-258. As a legi
"Prior to final map approval the developer shall deposit cash in and amount determined by
the City Engineer as necessary to fund the removal of the emergency access gates
installed at the project boundaries at Corte Carolina and El Bosque Avenue and to fund any necessary restoration of the area."
The Council, in approving the Rancho Verde project, added
condition that prospective purchasers be put on notice of tl
possibility that their development would be open to addition through traffic. Consistent with that action, I also suggestth< Council consider adding the following to Condition No. 97:
"Prior to final map the developer shall make arrangements for a program to the satisfaction of the Planning Director to include a notice
to all prospective purchasers in the
development that the project may be subject to additional traffic from the opening of the two gated street connections. A note to that effect shall be placed on the final map and
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notice shall be included in the deeds for the sale of each individual lot. It
It is not legally required that the condition be applied but i would be consistent with the Council's previous action in a simila situation.
A question of interpretation has been raised by the Plannir
Department on the Councills intention in regard to the emergenc access gates. Their draft condition triggers the removal on tl- completion of Calle Barcelona to full secondary arterial standard and requires a duly noticed public hearing (mailed notice to a1 residents). Condition No. 1 in Ordinance NS-124 has a trigger c
four through traffic lanes and would only require a hearing j
requested by interested residents after the City Engineer publish€
an add in the newspapers giving notice of the proposed strec
openings. Either approach would leave the ultimate decision to tk
City Council. Council should review Condition No. 1 in tk
ordinance and be sure that it accurately incorporates yo1 intentions in the matter. f VINCENT F. BIONDO, JR. City Attorney
rmh
c: Mayor and Council City Manager Planning Director
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ORDINANCE NO. NS-123
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA FOR A MASTER PLAN AMENDMENT, MPA-149(0), ARROYO LA COSTA, ON
PROPERTY LOCATED EAST OF EL CAMINO REAL, NORTH
FE ROAD AND GENERALLY SOUTH OF PALOMAR AIRPORT
ROAD. APPLICANT : ARROYO LA COSTA CASE NO. : MPA-149 (0)
OF QLIVENHAIN ROAD, AND WEST OF RANCHO SANTA
The City Council of the City of Carlsbad, Californ
ordain as follows:
WHEREAS, the City Council of the City of Cai
California, has reviewed and considered a Master Plan for
development of the site; and
WHEREAS, after procedures in accordance wit
requirements of law the City Council has determined that the
interest indicates that said plan be approved; and
I WHEREAS, a formal application for amendment ha
submitted by the property owner pursuant to the Carlsbad Mu]
1 Code.
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NOW, THEREFORE, the City Council of the City of C,
does ordain as follows:
SECTION I: Ordinance No. 9676, amending the ado]
Costa Master Plan, MP-149, on file with the City Cle
incorporated by reference herein is hereby revised to remc
property subject to MP 88-1 for Arroyo La Costa and all deve
of such property shall conform to that plan, and MPA-14!
hereby approved.
SECTION 11: That the findings and conditions
Planning Commission in Planning Commission Resolution Nc
shall also constitute the findings and conditions of tl
Council with the addition of the following condition:
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"1. All development remaining in MP-149 and MP-I conditioned that the developer form an assessment district Roos Community Facilities District, or provide another fin:
mechanism acceptable to the City Council for the Rancho Sar
Road improvements. If
EFFECTIVE DATE: This ordinance shall be effective 1
days after its adoption, and the City Clerk shall certify 1
adoption of this ordinance and cause it to be published at
once in the Carlsbad Journal within fifteen days afte
adoption.
INTRODUCED AND FIRST READ at a regular meeting c
Carlsbad City Council on the 31st day of July
and thereafter
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PASSED AND ADOPTED at a regular meeting of the
day of September Council of the City of Carlsbad on the
1990, by the following vote, to wit:
4th
AYES: Council Members Lewis, Larson and Mamaux
NOES : Council Member Pettine
ABSENT: Council Member Kulchin
APPROVED AS TO FORM AND LEGALITY
ATTEST :
A- ALLTHA L. RAUTENKRANZ, City C)erk
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ORDINANCE NO. NS-124
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING MASTER PLAN
GENERALLY LOCATED ON PROPERTY LOCATED EAST OF
EL CAMINO REAL, NORTH OF OLIVENHAIN ROAD, AND
WEST OF RANCHO SANTA FE ROAD.
CASE NO.: MP 88-1
88-1, ARROYO LA COSTA, A MASTER PLAN COMMUNITY
APPLICANT: ARROYO LA COSTA
The City Council of the City of Carlsbad, Calif
does ordain as follows:
WHEREAS, the City Council of the City of Carl
California, has reviewed and considered a Master Plan for f
development of the site; and
WHEREAS, after procedures in accordance wit1
requirements of law the City Council has determined tha
public interest indicates that said plan be approved.
NOW, THEREFORE, the City Council of the Ci.
Carlsbad does ordain as follows:
SECTION I: The Arroyo La Costa Master Plan, MI
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dated May 16, 1990 on file with the Planning Direct0
incorporated by reference herein, is approved. The Mastei i
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Planning Commission in Planning Commission Resolution 3029
also constitute the findings and conditions of the City COI
with the addition of the following conditions:
"1. Upon completion of the Calle Barcelon: improvements from El Camino Real to Rancho Santa Ft
Road to full secondary arterial standards, thc
emergency access gates installed at the projecl
boundaries at Corte Carolina and El Bosque Avenue art to be removed and the road opened for full public
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access. Prior to removal of the gates and opening the
road, the City Council shall hold a duly noticed public hearing to take public comments on the issue
and to take any action deemed appropriate by the City
Council.
2. This master plan for Arroyo La Costa is
conditioned on the developer's formation of an
assessment district, Mello Roos Community Facilities
District, or on the provision of another financing
mechanism acceptable to the City Council for the
Rancho Santa Fe Road improvements."
EFFECTIVE DATE: This ordinance shall be effe
thirty days after its adoption, and the City Clerk shall ce
to the adoption of this ordinance and cause it to be pub1
at least once in the Carlsbad Journal within fifteen days
its adoption.
INTRODUCED AND FIRST READ at a regular meeting a
Carlsbad City Council on the 31st day of July, 1990,
thereafter
PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the 4th day of SePtemb
1990, by the following vote, to wit:
AYES: Council Members Lewis, Larson and Mamaux
NOES : Council Member Pettine
ABSENT: Council Member Kulchin
LEGALITY
ATTEST:
6LLQ3% R .R- ALETHA L. RAUTENKRANZ, City Clerk
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ORDINANCE NO. NS-125
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 88-
3, ARROYO LA COSTA, FROM R-1-7500 TO PC ON
PROPERTY GENERALLY LOCATED EAST OF EL CAMINO
REAL, NORTH OF OLIVENHAIN ROAD, AND WEST OF RANCHO SANTA FE ROAD.
APPLICANT: ARROYO LA COSTA
CASE NO. : ZC 88-3
THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
The City Council of the City of Carlsbad, Californ
ordain as follows:
SECTION I: That Title 21 of the Carlsbad Municip,
is amended by the amendment of a zoning map as shown on t
marked X-3, attached hereto and made a part hereof.
SECTION 11: That the findings and conditions
Planning Commission as set forth in Planning Commission Res(
3031 constitutes the findings and conditions of the City (
with the addition of the following:
('1. This rezone is subject to the condition tl
property owner form an assessment district or Mello Roos COI
Facilities District or provide alternative financing accept the City Council for the improvement of Rancho Santa Fe Ro;
EFFECTIVE DATE: This ordinance shall be effective
days after its adoption, and the City Clerk shall certify
adoption of this ordinance and cause it to be published a1
once in the Carlsbad Journal within fifteen days aft
adoption.
INTRODUCED AND FIRST READ at a regular meeting
Carlsbad City Council on the 31st day of July
and thereafter
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PASSED AND ADOPTED at a regular meeting of tl
day of SePtembc Council of the City of Carlsbad on the 4th
1990, by the following vote, to wit:
AYES: Council Members Lewis, Larson and Mamaux
NOES : Council Member Pettine
ABSENT: Council Member Kulchin
APPROVED AS TO FORM AND LEGALITY
ATTEST:
44-
ALE'i'HA L. RAUTENKRANZ, City Cl$rk
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RESOLUTION NO. 90-258
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP FOR 1,076 SINGLE FAMILY DWELLINGS ON
PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REAL, NORTH OF OLIVENHAIN ROAD, AND WEST OF
CASE NO.: CT 88-3
APPLICANT: ARROYO LA COSTA
RANCHO SANTA FE ROAD.
WHEREAS, pursuant to the provisions of the munic
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code, the planning commission did, on May 16 and June 6, :
hold duly noticed public hearings as prescribed by la
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desiring to be heard, said commission considered all fac
relating to the tentative tract map: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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Council of the City of Carlsbad as follows:
1. That the above recitations are true and cor1
2. That the findings and conditions of the plar i commission resolution no. 3032, on file with the city clerl
1 incorporated herein by reference constitute the findings 01
1 I City Council in this matter except as amended by the additic I
' the following conditions, are hereby approved.
~ Planning commission resolution no. 3032 shal:
amended by the addition of the following conditions:
Conditions:
1. Prior to the recordation of the first final map,
applicant shall enter into a third party agreement wit1
City to contract with an environmental consultant, paj the applicant, to provide a monitoring program for mitigation measures required by the tentative map
environmental impact report. The program shall inc specific monitoring activities, a reporting system,
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WHEREAS, at said public hearings, upon hearing
considering all testimony and arguments, if any, of all per
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criteria for evaluating the success of the mitige
measures.
Planning Commission Resolution No. 3032, Condition No. 55 L
be amended to read:
55. During the construction of this project, no construc equipment, fill dirt, or any other materials shal
stored on any permanent natural open space are4
designated by the Arroyo La Costa Master Plan.
Planning Commission Resolution No. 3032, Condition No. 64 :
be amended to read:
64. The developer shall make an offer of dedication to the for all public streets and easements required by 1 conditions or shown on the tentative map. The offer I be made by a certificate on the final map for this pro:
All land so offered shall be granted to the City frec clear of all liens and without cost to the City. St1 that are already public are not required to be rededic;
Planning Commission Resolution No. 3032, Condition
46.c. (3) (e) (3) shall be amended to real:
46.c. (3) (e) (3) Village E, lot 508 - Open Space, Lot !
1 story, Lot 1114 (from Open Space)
story
Planning Commission Resolution No. 3032 shall be further amc
by the addition of the following conditions:
93. Prior to approval of the final map for Phase I,
applicant shall redesign the streets and lots within
1 to provide a right turn in right turnout connection
olivenhain Road from proposed Street IiA" to
satisfaction of the city engineer and planning direcl
94, Prior to approval of the final map for Phase I, El Bc Avenue shall be redesigned to the satisfaction of the
engineer and fire marshal to provide for the install;
of an electronically operated emergency access f Consideration shall be given to installing the gate i the eastern right-of -way of street "FF" and constructi
a temporary turnaround adjacent to Lots 52 and 53 westbound vehicles unable to pass through the gate.
95. Prior to approval of the final map for Phase 111,
project shall be redesigned to provide for
electronically operated emergency access gate to (
Carolina along the southerly right-of -way of pro]
street "N-NiV to the satisfaction of the city enginee:
fire marshal.
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96. The developer shall enter into secured agreements foi
installation and removal of the electronic gates a
Bosque Avenue and Corte Carolina to the satisfdction o
city engineer and city attorney pursuant to requirements of the master plan and these conditio1 approval.
97. Prior to final map approval the developer shall de]
cash in and amount determined by the city enginee
necessary to fund the removal of the emergency access t
installed at the project boundaries at Corte Carolini
El Bosque Avenue and to fund any necessary restoratic
the area. Prior to final map the developer shall
arrangements for a program to the satisfaction of planning director to include cn notice to all prospej
purchasers in the development that the project ma
gated street connections. A note to that effect sha
placed on the final map and notice shall be included i
deeds for the sale of each individual lot.
98. Within 180 days from the date of the Arroyo La 1
Tentative Map approval, (the effective date of
resolution), a financial guarantee acceptable to the
Council for construction of Rancho Santa Fe
improvements must be provided by the Developer. Unles
guarantee is approved by the City Council within thc
day period, all processing on the Arroyo La Costa Fina
will cease until such time as it is approved. The
limit may be extended at the discretion of the
Council .
subject to additional traffic from the opening of thi
99. Olivenhain Road shall be improved to a four-lane in
roadway from El Camino Real to Rancho Santa Fe
including any necessary offsite transitian-
developerjowner may be eligible for partial reimburs
from adjacent property owners. A reimbursement agre
must be approved by the City prior to approval of the
map for this phase.
100. Exhibit "U-U" shall be amended to show placement 0: solid village wall on the south side of proposed Stre
N, which is existing Calle Barcelona and hereafter c
Calle Barcelona, next to Santa Fe Ridge, as follows:
1. The wall on the east side of Corte Carolina sha placed within the public right-of-way of Barcelona and Corte Carolina, or on private pro if applicable. The wall shall be extended from
Barcelona south along Corte Carolina to a
approximately one-half of the side lot distanl j 2920 Via Ipanema.
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2. For those portions of the wall along Calle Bare and located west of Corte Carolina, diff
conditions shall apply along the adjacent horn
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Santa Fe Ridge:
a. 2912 Corte Jardin: the wall shall be ent:
within the public right-of-way of ( Barcelona and Corte Carolina; the wall sha:
extended from Calle Barcelona south along (
Carolina to a point approximately one-ha1
the side lot distance of 2912 Corte Jardin
b. 2910 Corte Jardin: the wall shall be lot
both within the public right-of-way and on
Corte Jardin.
C. 2908 Corte Jardin: the wall shall be loc
entirely on 2908 Corte Jardin.
d. 2906 Corte Jardin: the wall shall be lo(
entirely on 2906 Corte Jardin. The wall I
further extend southwest to the property
between 2906 Corte Jardin and 2904 Corte Ji
at the discretion of the owner of 2906 (
Jardin.
All portions of the wall within the public right-of-wa
subject to the applicant obtaining a right-o:
encroachment permit from the City. Prior to construc
any portion of the wall within private property,
applicant and the property owner must enter int agreement providing for the wall's construction maintenance. All structural maintenance shall bs
Association. All other maintenance, for example, per
painting, shall be shared, with the Arroyo La c
Homeowners' Association maintaining those portions o
wall facing Arroyo La Costa, and individual Santa Fe 1
property owners agreeing with the City and mainta
those portions of the wall facing their properties. :
plans for all wall construction are subject to approv
the planning director.
responsibility of the Arroyo La Costa Homeow
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PASSED, APPROVED AND ADOPTED at a regular meetir
the city Council of the City of Carlsbad, California, on t
4th day of September , 1990, by the following 1
to wit:
AYES : Council dembers Lewis, Larson and Mamaux
NOES: Council MeEber Pettine
ABSENT : Council
ATTEST:
ALETHA L. RAUTENKRANZ, City Qlerk
(SEAL)
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EXHI8
EXISTING ZONING
PROPOSED ZONING City of Cads
ARROYO LA COSTA
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September 12, 1990
Ruth Besecker
Village of La Costa
FieldstoneILa Costa Associates, Ltd.
Carlsbad, CA 92008
P.O. BOX 9000-266
Enclosed for your records, please find a copy of the
*Ordinances and Resolution following , adopted
by the Carlsbad City Council on
*Ordinances NS-123, NS-124, NS-125 and Resolution 90-258
September 4, 1990
4L EE RAUTENKRANZ P*T
City Clerk
LR: lw
Enclosure ( ) 4
1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-28C