HomeMy WebLinkAbout1993-05-18; City Council; 12218; Extension Of The HamptonsCl’ - ’ OF CARLSBAD - AGEl - A BILL q?
9B # I 2, %B TITLE: REQUEST FOR A ONE YEAR
HTG. 5/l 8/93 EXTENSION OF CARLSBAD TRACT 89-l 3,
)EPT. ENG THE HAMPTONS CITY MGR. &
?ECOMMENDED ACTION:
Adopt Resolution No. 93-133 approving a one year tentative map extension request for
Carlsbad Tract 89-13, the Hamptons.
R-EM EXPLANATION:
Koulos Construction, Inc., has requested a one year tentative map extension of Carlsbad
Tract 89-13, the Hamptons, a proposed 42 unit residential subdivision. The project is
located in Local Facilities Management Plan (LFMP) Zone 1, on the south side of Park
Drive, east of Marina Drive.
On March 27,1990, the City Council adopted Resolution No. 90-80 approving the tentative
map for this project, after hearing an appeal of the Planning Commission’s decision to
approve the tentative map. The project was then extended by the City Council for a one
year period on August 4, 1992, per City Council Resolution No. 92-244. The tentative map
was scheduled to expire on March 27, 1993.
Planning and Engineering Staff have reviewed this project and the request for a tentative
map extension. As stated in the applicant’s letter, the time extension has been requested
due to both poor economic conditions and the circumstance of one of the owners being
out of the country, making it difficult to proceed with the project in a more expeditious
manner. The applicant has informed staff that tentative financing for the project has been
obtained and that grading of the project is planned for Fall, 1993. Staff concurs that the
economy has not significantly improved over the past year, thereby impeding progress in
completing the final map for this project. The applicant has also demonstrated that they
are pursuing the project in a diligent manner. Staff recommends that this tentative map
extension request be approved. The new expiration date will be March 27, 1994.
The applicant has executed an Agreement for Waiver of Prohibition Against the Imposition
of Conditions, which is on file in the Engineering Department. In order to comply with the
General Plan, current City ordinances, and standards, the original conditions of approval
for this project have been reviewed to determine if any modifications are required.
Since the original approval of this project, the Carlsbad Municipal Water District has
adopted requirements for the use of reclaimed water. With approval of this map extension,
the six original conditions addressing water service to this project are being replaced with
four new conditions identifying the reclaimed water system requirements.
The remaining original conditions of approval, as listed in Planning Commission Resolution
No. 2983, are still applicable to the project with the exception of a condition for private
street signs. This condition is no longer required and will be removed from the project.
Page 2 of Agenda Bill No. I a: 2(8-
Finally, the City has been notified that the project site is currently being used as a
recreational vehicle storage lot without the benefit of a Conditional Use Permit, as required
by section 21.042.010 of the Carlsbad Municipal Code. With approval of this map
extension, two new conditions are being added to address and prevent the prolonging of
this illegal use. These two new conditions require fencing around the project site to
prohibit vehicular access, and posting notices prohibiting the use of the property for
recreational vehicle storage.
FISCAL IMPACT:
No detailed economic impact analysis of this development has been conducted. While
increased operating expenses related to this development are expected to be offset from
increased tax or fee revenue, no exact percentage of offset can be predicted.
GROWTH MANAGEMENT STATUS:
Facilities Zone I - I 1
Local Facilities Management Plan 1
Growth Control Point 11.5
Net Density 9.6
EXHIBlTS:
1. Location Map of Project,
2. Resolution No. 93 -I 3 7 approving a one year tentative map extension request of
Carlsbad Tract 89-13, the Hamptons, including PUD 89-5/SUP 89-7/SV 89-3.
3. Letter requesting extension, dated March 3, 1993.
4. City Council Resolution Nos. 90-80 and 92-244, and Planning Commission
Resolution No. 2983.
LOCATION -MAP
an or MCINITA
PROJECT NAME THE HAMPTONS PROJECT EXHIBIT
NUMBER
CT8943 1
-- _., .- . --.
.
c
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
RESOLUTION NO. 93-137
A RESOLUTION OF THE CR-Y COUNCIL OF THE ClTY OF
CARLSBAD, CALIFORNIA, APPROVING A ONE YEAR
TENTATlVE MAP EXTENSION REQUEST OF CARLSBAD TRACT
89-l 3, THE HAMPTONS
WHEREAS, the City Council of the City of Carlsbad on the 27th day of March, 1990,
adopted Resolution No. 90-80 approving the tentative map of Carlsbad Tract 8413; and
WHEREAS, the City Council of the City of Carlsbad on the 4th day of August, 1992,
adopted Resolution No. 92-244 extending the tentative map of Carlsbad Tract 89-l 3 for one year
until March 27, 1993; and
WHEREAS, the tentative map of Carlsbad Tract 8413 would have expired on
March 27, 1993; and
WHEREAS, the applicant is diligently pursuing those acts required to obtain a final map;
WHEREAS, the project can found to be in conformance with the General Plan, current City
ordinances and current City policies with the modification of certain conditions; and
WHEREAS, the applicant has consented to the imposition of such conditions and has
agreed to comply with them; and
WHEREAS, the project site is being used for the storage of recreational vehicles without
the benefit of a Conditional Use Permit as required by section 21942.010 of the
Carlsbad Municipal Code; and
WHEREAS, the applicant is requesting deferral of the development which would prolong
the opportunity to store vehicles; and
WHEREAS, both the applicant and the City wish to extend the tentative map subject to
and relying upon the modified conditions.
/I/
/Ii
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
NOW, THEREFORE, BE iT RESOLVED by the Cii Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That with additional conditions contained herein the design and improvements of
the subdivision are consistent with the General Plan, Titles 20 and 21 of the City of Carlsbad
Municipal Code, and any public facility or development policies in existence at that time.
3. That the request for a one year extension until March 27, 1994, of the tentative
map for Carlsbad Tract 89-l 3, including PUD 89-5, SUP 89-7, and SV 89-3, is hereby approved
subject to the execution and fulfillment of the conditions of Resolution No. 90-80, Resolution No.
92-244, and the following modifications:
A. Condition Nos. 79 through 81 are replaced with the following:
1) The entire potable water system, reclaimed water system and
sewer system shall be evaluated in detail to ensure that adequate
capacity, pressure and flow demands are met.
2) The applicant shall be responsible for all fees, deposits and
charges which will be collected at time of issuance of the building
permit. The San Diego County Water Authority capacity charge will
be collected at issuance of application for meter installation.
3) Sequentially, the applicant’s engineer shall do the following:
a) Meet with the City Fire Marshall and establish the fire
protection requirements.
b) Prepare a colored reclaimed water use area map and
submit to the Planning Department for processing and
approval.
Cl Schedule a meeting with the District Engineer for review,
comment and approval of the preliminary system layout
usage (G.P.M. - E.D.U.) plan for potable, reclaimed and
sewer systems prior to the preparation of improvement
plans.
l/J
If/
4 This project is approved upon the expressed condition that
building permits will not be issued for development of the subject
property unless the water district sewing the development
determined that adequate water service and sewer facilities are
available at the time of application for such water service and
sewer permits will continue to be available until time of occupancy.
This note shall be placed on the final map..
B. Condition No. 49 is hereby omitted.
C. The property shall be fenced to prohibit vehicular access and posted to
the satisfaction of the Planning Director with a notice that it is prohibited
parking and storage on the property. Removal of all nuisances and all
conditioned measures to prevent creation of further nuisances on the
property shall be installed and approved by the Planning Director within 60
days of the adoption of this resolution.
D. Failure to comply with condition “c” shall nullify the approval of the
requested time extension with prejudice.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 18th day of MAY , 1993 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
Al-l-EST:
ALETHA L. RAUTENKRANZ, City Clerk
KoULos March 3 1993
collst~zlctio?z
,
I-2 f 5 .\’ IId/// \I/l’l’/
6hnil~ltri. I: I v/2 fX
(j/t/J .iJ-<- i/-l
Ll.\ i,i//J/ .i.?.;-/I,) f.i
CITY OF CARLSBAD Engineering Department Attn: Ms. Carolyn Weaver 2079 Las Palmas Drive Carlsbad, CA 92009-1576
;v:,K fj i $93
Ct’i-Y OF CARLS8AD rg$;iJ$~p{...~~ GcbpJTEfa
Re: Request for extension Tentative Tract Map CT 89-13
Dear Ms. Weaver:
This letter shall serve as a request to file a tentative land tract map extension for the above referenced tract map. We are presently seeking an extension of one year. 1 have enclosed the appropriate extension fees.
We are still diligently pursuing the development of this project. We certainly believe that this will be a very viable project. This project has been delayed for a couple of reasons. The continued poor economy has caused us to delay the development process. In addition, a 25% owner of the project happens to be out of the country, which has slowed down the process.
We do have tentative financing apploqed and anticipate to begin grading in the Fall. The City of Car!sbad has been more than obliging to us in regards to this project. We appreciate. your consideration of the extension and look forward to moving ahztid with thz development process.
Please feel free to contact me if you should have any q=lestions.
Sincerely,
KOULOS CONSTRUCTION, INC.
P2tCi KOUlOS President
PK/wmn
1
!
.
1
2
3
4
5
E
7
e
s
1c
13
1:
1:
11
I!
1(
1'
1;
1'
21
2:
2
2
2
2
2
2
2
i
t
C 3
C 3
C
)
L
1
a
E
3
i (
- B
RESOLUTION NO. 90-80
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-S/SUP 89--r/S2 89-3 - THE HAMPTONS (APPEAL)
WHEREAS, on February 17, 1990 and February 21, 1990, the
:arlsbad Planning Commission considered a request for approval of
:T 89013/PUD 890S/SUP 89-7/SV 89-3, subject to additional
:onditions requested by neighboring residents; and
WHEREAS, the Carlsbad Planning Commission approved
Centative Map 89-13, Planned Development 89-5, Standards Variance
39-3 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 89013/PUD 8905/SUP 89-7 and SV 89-3 without said
additional conditions: and
WHEREAS, upon considering the request, the City Council
considered all input including staff reports and public testimony
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.
.
0 ) ,
l 5
2 k
5
3 5
7
4 3
3
3 e - 5
2 c 3
1
2
7 c
4
5 .
E
r
I
f
1(
1:
1:
1:
1,
1
1
1
1
1
2
2
2
2
2
2
r'
i
2
4 ;
5
6
7 t 8
' 9
0
1
2
3
4
5
!6
!7
!a
.NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
,f the City of carlsbad, California, as follows:
.
I .
i.
5.
1.
That the above recitations are true and correct.
That CT 89-13/PUD 89-S/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 89013/PUD 890S/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
Parlsbad City Council held on the 27th day of March I
1990 by the following vote, to wit:
AYES : Council Members Lewis, Kulchln, Mamaux and Larson
NOES : None
ABSENT: Council Member Pettlne
ATTEST:
, dA4fw RAUTENKRANZ, City C
(SEAL)
2
RESOLUTION NO. 9 2’- 2 4 4
1
2
3i
4
5’
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP NO. CT 89-13, THE HAMPTONS
SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a tentative
subdivision map may not be approved unless it is consistent with all applicable general and
6 i!
II specific plans; and
7l
8 !I
WHEREAS, the City Council of the City of Carlsbad, on the 27th day of March, 1990,
1, adopted Resolution No. 90-80 approving, with conditions, Tentative Map CT 89-13, including
9 ,’
)i PUD 89-5, SUP 89-7 and SV 89-3; and
10 i/
‘I 11 i WHEREAS, the Tentative Subdivision Map would have expired as of March 27, 1992,
I1 12 ;; and the applicant has requested an extension of time which cannot be approved unless the
II 13. subdivision can be brought into conformity with the General Plan; and
14
15 it to be found in conformity with the General Plan and the Developer has agreed to the
WHEREAS, the addition of certain conditions of approval to the subdivision will allow
16 jl imposition of such conditions and compliance with them: and
17 I/ 1; WHEREAS, the approval of an extension of Tentative Map CT 89-13 subject to such
I!
18 /i
19;.
conditions, in lieu of denial of the map, will allow the project to go forward avoiding the
unnecessary delay to the City and to the Developer involved with the denial, and the new
20 j j application which would then be approved subject to the same set of conditions; and
21 /, WHEREAS, both the Developer and the City wish to extend the map subject to the
22 i additional conditions.
23 I
24 1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
II 25 ;; California, as follows:
26 ( 1. That the above recitations are true and correct.
2. That the Tentative Map CT 89-13, including PUD 89-5, SUP 89-7 and SV 89-3,
I! 28 11 is hereby extended for one year from March 27, 1992 to March 27, 1993, subject to the ‘I
,
7
a
9
10
11
12
13
14
15
16
17
18
19
20
execution and fulfillment of all the conditions of Resolution No. 90-80 and the following
additional conditions:
A. The applicant shall comply with the requirements of the National
Pollutant Discharge Elimination Systems (NPDES) permit. The applicant
shall provide best management practices to reduce surface pollutants
to an acceptable level prior to discharge to sensitive areas. Plans for
such improvements shall be approved by the City Engineer prior to
approval of the final map, issuance of grading or building permit,
whichever occurs first.
6. The applicant is aware that the City is preparing an in-lieu fee program
as an alternative to the inclusionary requirements stipulated in Policy
3.6b of the Housing Element. If in the development of the in-lieu fee
program, it is determined by the City Council in order to find
consistency with the Housing Element of the General Plan as well as
consistency with Section 66473.5 of the Government Code (Subdivision
Map Act), that this project is subject to this ‘fee and building permits
have not been issued, the applicant or its successors in interest shall
pay whatever reasonable in-lieu fee that is required and in effect at the
time of issuance of building permits. If required fees are not paid, this
application will not be consistent with the General Plan and approval for
this project will be void.
C. The applicant shall defend, indemnify and hold harmless the City and
its agents, officers, and employees from any claim, action or proceeding
against the City or its agents, officers, or employees to attack, set
aside, void or null an approval of the City, the Planning Commission or
City Engineer which has been brought against the City within the time
period provided by Section 66499.37 of the Subdivision Map Act.
3. That the Agreement for Waiver of Prohibition against the Imposition of
Conditions upon the approval of an extension of a tentative subdivision map between Koulos
Construction and the City of Carlsbad, dated May 19, 1992, on file in the office of the City
21 Clerk is approved, and the Mayor is authorized to execute such agreement on behalf of the
22' citv.
23 Ill
24 /II
a / /II
26 Ill
27 ii/
28
4. That this extension is approved in reliance upon said agreement. Any legal
challenge to or failure to perform said agreement or the conditions of this resolution shall 2
3 render thR.aTproval void and the map shall not be final.
4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
5 held on the 4th day of AUGUST , 1992 by the following vote, to wit:
6 AYES: Council Members Lewis, Kulchin, Stanton, Nygaard
7 NOES: None
8 ABSENT:
9
10 ,/cl7
11 CLAUDE A. LEWIS, May&
Al-TEST:
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
20
PrmIB ~Iau ilo. 2m
A RESOLUTION OF THE PLANNING COmISSION 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 Oiego
County. APN #207-101-01.
has been filed with the City of Carlsbad and referred to the Planning
Comi ssion; and
WHEREAS, said verified application constitutes a request as prov::
by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Conmission 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
Conmission considered all factors relating to the Tentative Tract Map.
NM, THEREFORE, BE IT HEREBY RESOLVED by the Planning Conwnission as
follous:
A) That the above recitations are true and correct. I
8) Thrt based on the evidence presented at the public hearing, the Cotmission AIp#IvEs CT 89-13, based on the following findings and subject to the folloufng conditions:
-
1
2
3
4
5
6
7
E
S
1C
11
12
12
14
15
1E
11
1E
1s
2c
21
22
22
24
25
26
27
28
Findings:
1.
2.
3.
4.
5.
6.
7.
a.
9.
IO.
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 '0 accomnodate residential development at the density proposed.
The Planning Conmission 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 Conmission 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 facilitie 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 colrgatible with the surrounding future land uses
since surrounding properties are designated for multiple residential developaent on the General Plan.
l'hls project ~111 not cause any signlffcant environmental impacts and a
motive fhclaratlon has been issued by the Planning Director on November
15, 1989 and recoamended for approval by the Planning Comission on
January 17, 1990. In approving this Negative Declaratjon the Planning
Comlssion has considered the Initial study, the staff analysis, all required nittgation measures and any wrltten cements received regarding
the significant effects this project could have on the environment.
PC RESO MO. 2983 -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
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) WAN-Vln, 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 pelrits
will not be issued for development of the subject property unless the City
Engineer determines that sewer facillt~es are available at the time of
application for such sewer permits and will continue to be available until
the of occupancy. This note shall be placed on the final up.
This project is also approved under the express condition that the
applicant pay the public facilities fee adopted by the City Council ':r
July 29, 1987 and as amended frolr time to time, and any development fe.,
established by the City Council pursuant to Chapter 21.90 of the Carlsbc:
Municipal Code or other ordinance adopted to imlement a growth management
system or facilities and improvcrant 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
r8ference. If the fees are not paid this application will not be
conslstent with the General Plan and approval for this project shall be
vold.
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 parrit application. These fees shall be based on the fee schedule in effect at the time of building permit application.
PC RESO NO. 2993 -30
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
21E
7.
a.
9.
10.
11.
12.
13.
14.
water shall be provided to this project pursuant to the Water Service agreclnent between the City of Carlsbad and the Carlsbad Municipal Hater Dtstrict, 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 oC
the Zoning Ordinance and all other applicable City ordinances in effec. at time of building pennit issuance.
Approval of CT 89-13/PUD 89-S 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:
"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 Uunfclpal Code."
The applicant shall establish a holl#owner's assoc.iation and corresponding
covenants, conditions and restrlctiont. 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 Dlrector. Enclosure shall be of similar
colors and/or nrterials to tha project to the satisfaction of the Planning
Director. If approved by Coast Waste Management, curbshle trash pickup
can replace the nusonry trash enclosures.
PC RESO NO. 2983 -I-
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
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Al 1 roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered froa 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
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. I
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.
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 pertntts, whichever occurs first.
Al 1 landscaped areas shall be maintained in a heal thy and thriving condition, free from weeds, trash, and debris.
The developer shall 1 nstall street trees at the equf valent of 40-foot 1 ntervals 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.
Any signs proposed for this development shall at a minfmum 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.
Building identfficatfon and/or addresses shall be placed on al 1 new and existing buildings so as to be plainly visible from the street or access
road; color of identiffcatfon and/or addresses shall contrast to their background color.
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 Zonfng and Land Use Map in the sales office at all tfms, or suitable altematfve to the satisfaction of the Plannhg Director.
All sales ups that are di strtbuted or made avai table 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 condolrfnfum pennit for residential homeownership purposes. If any of the units in the project are rented, the mfnfnur tfme increment for such rental shall be not less than 26 days. A condftlon so stating this shall be placed In the CC&R's for the project.
PC RESO ND. 2983 -5-
-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
. 15
16
17
18
19
20
21
22
23
24
25
26
27
28
27.
28.
29.
30.
31.
32.
33.
34.
As part of the
applicant shal 1 plans submitted for building permit plan check, the include a reduced resalutfon/resol version of
draw!ng(s) shall
utions on a 24" x 36" blueline drawing. the approving
Said blueline
PerWt and al so include a copy of any applicable Coastal Development 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 i material then a standard two phased program, on file in the Planning Department, shall be undertaken to avoid possible significant impacts -
paleontological resources under the direction of the Planning Department.
The landscape plan shall include l inir 15 gallon trees and a mix of box
size trees to be determined by the Planning Director. Five gallon shall be the minim 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, shalt be reviewed and approved by the City Planner prior to issuance of building pemlts.
Any changes made to this approval dated January 17, 1990, as a result of 'the Coastal Cmission Perrit process shall be revie#d for substantial conformance by the Planning Olrector 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 l utoutic garage door opener. Garage doors shall be of the 'roll up' type.
Enaineerina:
35.
36.
37.
The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
The grading for this project is defined as "controlled grading" by Section 11.06.170(a) of the Carlsbad Wnicipal Code. Grading shall be performed u&r the observation of a cfvil engineer whose responsibility it shall k to coordinate site inspectlon and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Cf* Engineer and verify compliance with Chapter. 11.06 of the Carlsbac Fhrnfclpal Code.
No grading shall occur outside the Ifmitt of the subdivision unless a letter of permission is obtained from the owners of the affected propertIes.
PC RESO ND. 2983
-
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
38. A separate grading plan shall be submitted and approved and a separate grading pennit issued for the borrow or disposal site if located within
the city lfmfts.
39. Prfor to hauling dirt or construction materials to any proposed construction site wfthfn 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.
40. The developer shall exercise special care during the construction phase of this project to prevent any offsfte siltation.
provide erosion control The developer shall 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 facflitfes so constructed the area served shall be protected by additional drainage facilitfes, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintafn 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.
41. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer.
42. Prior to approval of the final map the- developer shall enter into an agreement with the Cl ty to pay any drainage area fees established as a result of the forthcoming Master Drainage Plan Update.
43. Runoff from this project is conveyed to environmentally sensitive areas. The subdivfder shall provide adequate means of eliminatfng 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 buildfng permit.
44. The developer shall make an offer of dedication to the City for all public streets and easswnts required by these conditions or shown on the Tontatfve Uap. The offer shall be ude by a certification on the final map for thls project. All land so offered shall be granted to the City
free and clear of all liens and encudrances and without cost to the City. Streets that are already public are not required to be rededicated.
45. Dfrect access rights for all lots abutting Park Drive shall be waived on
the final map.
46.
PC RESO ND. 2983
P~anf. specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval
of the final up, the Subdivider shall install, or agree to install and
-I-
. .
1
2
3
4
5
6
7
6
9
1c
11
12
13
14
_ 15
16
17
If
19
2c
21
22
23
24
25
2c
25
2E
47.
48.
49.
50.
51.
52.
53.
54.
secure with appropriate security as provided by law, improvements shown t 1 on the tentative map and the following improvements to City Standards to 1
the satisfaction of the City Engineer: !
I
A. Full half-street improvements to Park Drive along the project j
frontage.
! 8. Full half-street improvements to Laguna Shores Place including the west half of the cul-de-sac.
C. Full half street improvements to Uarina 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 authorited 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.
plaque-type sign with the legend,
The developer shall place a
"PRIVATE STREET BEYOND THIS POINT", at the access point to private streets from public streets. The scrdpt 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 mduce the sidewalk width by 6 inches to 4.5 feet wide.
The developer shall comply with all the rules, regulations and design rquirements of the respective sewer and water agencies regarding services to the project.
Should the developer decide to final map and develop phases out 07 nmricrl squence 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 systcllls shall be approved
by the City Engineer prior to approval of the final map for this project. The structural sectlon of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and
drainage systecls shall be inspected by the City, and the standard
PC RESO NO. 2983 +
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
55.
56.
57.
50.
59.
60.
61.
The developer shall provide an acceptable means for maintaining the eaSeWnts 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 eauitable manner among the owners of the units within the subdivision. '
The Subdivider shall provide separate sewer, water, gas, and e lectr it services with meters to each of the units.
The developer shall be responsible for coordination with S.0 .G.&E Pacific Telephone, and Cable TV authorities. * 9
im9rovernent plan check and inspection fees shall be paid prior to approval of the final map for this project.
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 perWts 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.
TCN developer shall construct tideualks I fmt in width plus 0.5 foot for
top of curb for the interior private streets as shown on the Tentatlve Hap md rlso at th@ fol1ouing locrtloms.
A. Adjacent to the easterly curb along H-ton Court frolr Portswuth Placm northerly to t)H parking stalls at the north end of the cul- do-sac.
8. Adjacent to thm southerly curb along Portsaouth Place f= the easterly dead-end westerly amund th curve at Manhrsset Court. A strimy shall also k constructed dam the slope to connect the onsite sidewalk system to tb uistlng sidewalk on Wina DWe.
PC RESO NO. 2983 -90
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
62.
63.
64.
65.
66.
67.
68.
Thit project IS aPPVWed subject to the condition that the developer share eguelly with the developer of the adjacent property to the east (Laguna Sheret, Cl88-1) In the cost of constructing a pedestrian access r: froll the terminus of Laguna Shores Place, southerly to the sand beach at Agua tlediondr Lagoon, subject to the approval of the Planning Director, the Olrector of Parks and Recreation, Department of Fish and Same. the Coastal Cmitsion and the
slope. This access r: should not exceed a 10%
adjacent The developer shall also share equally with the developer of the
property to the east (Lagunr 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 wmanent chain link fence alona both .l ----- sides of this raep 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 iqrovemnts listed in the prior condition. If the H-tons project builds before the Laguna
Shores project, then the developers of Laguna Shores shall reitirse the developrs of the H-tons their l/2 share of the cost of constructing
these iqrovements.
This project is spaciflcally approved giving the developer the
opportunity of obtaining a grading permit for surcharge grading prior to
the issuance of a final cap. A grading plan in confomance with City
Standard and Section 11.06 of the Carlsbad Nunicipal Code of the proposed
surcharge grading eust be sukitted and approved and a pemit obtained
frm the California State Coastal Cmission prior to the issuance of the
surcharge grading pemit.
Grading shall not be permitted ftoll October 1 to April 1 unless approved
by both the California Coastal Coalssion and the City of Carlsbad City
Engineer.
A geologist shall recorand a mitorlng pregru of settlement and issue a flnrl retort a~preving the site for building construction. No building
permits ~111 be issued until said final report is sukitted to and
approved by the Clty Engineer.
The developer shall rubWt a~~rovrl of the California State Coastal
~lssiee prior to fine1 up a~prevrl.
T$ developer shall uke an offer of dedlcrtien to the City for Park Drive
the tubdlvisioe frontage based en a centerline to right of way width
efq feet and of Lagunr Shores Place along the subdivision frontage based
01) a centerline to right of way width of 28 feet. All offers shall be
W by a certlflcrte on the final ~0 for this project. All land so offered shall be granted to the City free and clear of all liens and enclrances and without cost to the City. Streets that am already
public are net required to be rededicated. I
PC RESO NO. 2983 -lO-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
16
19
20
21
22
23
24
25
26
27
20
69. The daveloPer 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
Plmnlng Cmission.
Fire Conditions .
l
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 sorinklers. and other svstens 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 sha sprinklered or have four-hour fire walls with no openings therein shall split the building into 10,000 sq. ft. (or less) areas.
11 be which
Carl aad Uunici~~l Mater District Conditbns :
79. The entire r table and non-potable water systenr/systems for subject
project shrl be evaluated in detail to ensure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met.
80. T'he 'developer's engineer shall schedule a meeting with the District Engineer and the City Fire Uarshrl and review the preliminary water system layout prior to preparation of the water system improvement plans.
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 -110
.
1
2
3
4
5
6
7
0
9
10
11
12
13
14
15
16
17
18
19
2c
21
2i
2:
24
25
26
27
26
82.
83.
B4.
05.
86.
07.
88.
89.
90.
91.
92.
. . .
. . .
W*s *fch mid 011~ for dlmt access to the lagoon buffer area f+m private prtlos are prohiblted.
* on-site fresh water pofbdt shall be fenced with wrought iron and
lo&able gates to the satisfaction of the City Planner if their ultiute depth of the ponds exceeds 24,:
Provide at least a .lOO 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 sull freshwater pond area for use by wildlife.
The departmmt 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 REPIACMENT
v
- m 'mnade-bemy v
The bath house shall be reduced to a single story height which will not adversely affect vieus fmm Park Drive.
A permanent public access easement and sidewalk shall be provided froa Harina Drive to the 100 foot buffer area.
The project irrigation shall be designed to be easily adapted to a
reclaimed water system.
wo structures other than sidwalks shall be constructed withln the 100
foot buffer area.
The Codes, Covenants and Restrictions shall:
a. lItit the height of recreational vehicles being stored on-site
within the storage area to seven feet in height; and
b. prohlblt at all times any obstructlon of on-site sidewalks. This prdrlbltlorr shall include but not be limited to parkIng in the drlvmqys of units having less than a 20 foot setback from interior streets.
PC RESO No. 2983 -12-
.
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1:
1e
17
1t
1s
2c
21
22
2:
24
2!
2t
2:
2l
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the Zlst day of
February, 1990, by the following vote, to wit:
AYES: Chairperson Schramn, Comissioners: Schlehuber, Erwin, i
McFadden, Holmes & Marcus.
NOES : None.
ABSENT: None.
ABSTAIN: Convnissioner Hall.
CARLSBAD PLANNING COMMISSION
A7 T:
PC RESO NO. 2983 -130
.
May 24, 1993
Mr. Peter Koulos, President Koulos Construction, Inc. 17245 South Main Street Gardena, CA 90248
RE: Request for Extension of T8ntatiVe Map for CT 89-13, the Hamptons
The Carlsbad City Council, at its meeting of May 18, 1993, adopted Resolution No. 93-137 approving a one year extension of time for the Tentative Map for CT 89713, the Hamptons.
Enclosed please find a fully executed copy of Resolution No. 93-137 for your files.
Q-hQ+&ipn-;w*9 ALETHA L. RAUTENKRANZ. CMC City Clerk
ALR:ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 CD