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HomeMy WebLinkAbout1990-08-28; City Council; 10805; ARROYO LA COSTA MASTER PLANNED COMMUNITY FOR 1076 UNITS3 - 'a .a a C a, 2 a C cd m c\l I d E a $ a aJ a d i! v) cd e c\l 4 Lo I z ., .I m c\l. dn Iv) -$ 2: 3 a, 5 v) .d .d OZ 2 za O ala y $2 li4 sa3 a *rl m a, -ET ;m 2 0% a,. $ ;g 2 ar: (do 3 r-lu .rl 0 *d =I g url s s; 2: -J> 2; OQJ up: 0 m II Z 0 t- o - a : z 3 0 0 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: - 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. m al \. 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 ., 0 0 c 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 1 1 1 2' 3 4 5 6 7 8 9 10 11 12 13 l4 0 am $Em 5aog OW 0uum ooaa Z>i'Z mGmu 15 u <i urn0 mu? m> el-=+ ;zJ. 5582 +>ma ~"52 l6 zo v m v e ORDINANCE NO. NS-123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA FOR A MASTER PLAN AMENDMENT, MPA-149(0), ARROYO LA COSTA, ON PROPERTY LOCATED EAST OF EL CAMINO REAL, NORTH FE ROAD AND GENERALLY SOUTH OF PALOMAR AIRPORT ROAD. APPLICANT : ARROYO LA COSTA CASE NO. : MPA-149 (0) OF QLIVENHAIN ROAD, AND WEST OF RANCHO SANTA The City Council of the City of Carlsbad, Californ ordain as follows: WHEREAS, the City Council of the City of Cai California, has reviewed and considered a Master Plan for development of the site; and WHEREAS, after procedures in accordance wit requirements of law the City Council has determined that the interest indicates that said plan be approved; and I WHEREAS, a formal application for amendment ha submitted by the property owner pursuant to the Carlsbad Mu] 1 Code. >Fl$ 17 kO 18 19 20 21 22 23 24 0 25 26 27 28 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: ~ ' ' 3 2l 4 !3 6 7 8 9 10 11 12 mug m>- &Em 13 0 <m 520s j>5 +-s= TL--! >uzg 304u '4 L -0: <A 15 20*< 'E&o 16 >E% 17 ko 18 19 20 21 22 23 24 25 26 27 28 >-m< .wmo 0 0 0 "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 1 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 2 I * 1 2 3 4 5 6 7 8 9 10 4 12 13 14 15 16 m m 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 17 18 19 dated May 16, 1990 on file with the Planning Direct0 incorporated by reference herein, is approved. The Mastei i 22 23 24 25 26 27 28 ' 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 ,' 1 2' 3 4 5 6 7 8 9 10 11 12 om sum (??? 13 UKm %3QE $bi: 14 Z>?Z o,-a: ~6'0 OLL 15 LL 'CJ >ma gumo ZJ glr0c6 16 2083 qg(? >2% 17 to 0 18 19 20 21 22 23 24 25 26 27 28 w 0 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 -2- 3. 1 2 3 4 5 6 7 8 9 10 11 12 6°, mum m>Z 13 $Em Sa:": vu $;;$: 14 Z>-Jf a+Sg mGnu 15 U 62 >a6 Sumu gE&~ 16 zo$s q8y D t-4 > N [r l7 V 18 19 20 21 22 23 24 25 26 27 28 w 0 ORDINANCE NO. NS-125 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 88- 3, ARROYO LA COSTA, FROM R-1-7500 TO PC ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REAL, NORTH OF OLIVENHAIN ROAD, AND WEST OF RANCHO SANTA FE ROAD. APPLICANT: ARROYO LA COSTA CASE NO. : ZC 88-3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO The City Council of the City of Carlsbad, Californ ordain as follows: SECTION I: That Title 21 of the Carlsbad Municip, is amended by the amendment of a zoning map as shown on t marked X-3, attached hereto and made a part hereof. SECTION 11: That the findings and conditions Planning Commission as set forth in Planning Commission Res( 3031 constitutes the findings and conditions of the City ( with the addition of the following: ('1. This rezone is subject to the condition tl property owner form an assessment district or Mello Roos COI Facilities District or provide alternative financing accept the City Council for the improvement of Rancho Santa Fe Ro; EFFECTIVE DATE: This ordinance shall be effective days after its adoption, and the City Clerk shall certify adoption of this ordinance and cause it to be published a1 once in the Carlsbad Journal within fifteen days aft adoption. INTRODUCED AND FIRST READ at a regular meeting Carlsbad City Council on the 31st day of July and thereafter J, 1 2 3 4 5 6 7 8 9 10 11 12 00, SUg? 22; 13 OLum 14 5-Cq ooq4 gcd$ ow v mcg <-l 15 =wmo ~226 16 z052 >rn< >5~.i= 17 L:: - u 18 19 20 21 22 23 24 25 26 27 28 e a 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$rk I ? 1 2 3 4 5 61 RESOLUTION NO. 90-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP FOR 1,076 SINGLE FAMILY DWELLINGS ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REAL, NORTH OF OLIVENHAIN ROAD, AND WEST OF CASE NO.: CT 88-3 APPLICANT: ARROYO LA COSTA RANCHO SANTA FE ROAD. WHEREAS, pursuant to the provisions of the munic 7 8 code, the planning commission did, on May 16 and June 6, : hold duly noticed public hearings as prescribed by la 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 desiring to be heard, said commission considered all fac relating to the tentative tract map: and NOW, THEREFORE, BE IT HEREBY RESOLVED by the I Council of the City of Carlsbad as follows: 1. That the above recitations are true and cor1 2. That the findings and conditions of the plar i commission resolution no. 3032, on file with the city clerl 1 incorporated herein by reference constitute the findings 01 1 I City Council in this matter except as amended by the additic I ' the following conditions, are hereby approved. ~ Planning commission resolution no. 3032 shal: amended by the addition of the following conditions: Conditions: 1. Prior to the recordation of the first final map, applicant shall enter into a third party agreement wit1 City to contract with an environmental consultant, paj the applicant, to provide a monitoring program for mitigation measures required by the tentative map environmental impact report. The program shall inc specific monitoring activities, a reporting system, 1 10 11 WHEREAS, at said public hearings, upon hearing considering all testimony and arguments, if any, of all per I :* 1 7 2 3 4 5 6 7 8 9 10 11 12 om SWm m>Z' 13 J-oj 7 0 w gkzz 14 z>52 oc-a: mo'O 15 u '95 Swmv gS&6 16 ZOZS qgy >2% 17 kv V 18 19 20 21 22 23 24 25 26 27 28 =$Ea >ma W 0 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. //// 2 1 2 3 41 5 6 7 8 9 10 11 12 0aI $95 13 &E& oL$m 14 0044 Z>dZ QF-5 mo'O 15 ~wmo gZ&n- 16 z032 q0,Y >q 17 0 %3nE OK u 41 >ma c_ 18 19 20 21 22 23 24 25 26 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. % 27 28 w 0 2. For those portions of the wall along Calle Bare and located west of Corte Carolina, diff conditions shall apply along the adjacent horn 3 i r * "I 1 2 3 4 5 6 7 8 9 10 11 12 m> SUJg ,3 $E., ougm 14 ooaa Z>jZ Gt--C mG'Q OL 15 i.wv)o ZL 8rr~d 16 zo52 >5~9 17 >:s 50 18 19 20 21 22 23 24 25 26 27 28 Om %S"W :;s2 e 0 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 //I/ //I/ //I/ //I/ //// //I/ ///I //I/ I 4 t \ 1 2 3 4 5 6 7 8 9 10 11 12 om m4uz 13 (?r (Iaam _=fag -vug OIL0 goa4 14 mGog 15 u'ai >ma c,uw, 2-1 ~lrad 16 2052 QE;z 'Sgy >2% 17 to 0 18 19 20 21 22 23 24 25 26 27 28 W 0 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) ~ 5 EXHI8 EXISTING ZONING PROPOSED ZONING City of Cads ARROYO LA COSTA .e * \ 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