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Home My WebLink About1994-03-01; City Council; 12603; Costa Do Sol CT 92-01lAB#.M. MT& 3/l/94 DEPT. CA -.. f TY OF CARLkBAD - AG, IDA BILL tm~ r 4 TITLE: APPROVAL OF A TENTATIVE SUBDIVISION MAP, PLANNED LJMT DEVELOPMENT, SITE DEVELOPMENT PLAN AND HILLSIDE DEVELOPMENT PERMIT APPLICANT: COSTA DO SOL CASE NO: CT 92-01,‘PUD 92-Ol/SDP 93-04/HDP 92-10 DEPT. HD. I RECOMMENDED ACTION: If Council concurs your action is adopt Resolution No. 9L/ch3 approving the Tentative Subdivision Map (CT 92-Ol), Planned Unit Development (PUD 92-Ol), Site Development Plan (SDP 93-04) and Hillside Development Permit (HDP 92-10). I ITEM EXPLANATION The City Council, at your meeting of February 15, 1994, voted 5-O approving the Tentative Subdivision Map (CT 92-Ol), Planned Unit Development (PUD 92-Ol), Site Development Plan (SDP 93-04) and Hillside Development Permit (HDP 92-10) and directed the City Attorney to prepare the necessary document. That document has been prepares and is attached. Conditions Nos. 55 and 56 were amended as shown and two conditions were added to read as follows: 2(c): "That the covenants, conditions and restrictions for the project shall include a provision that the required two covered parking spaces per unit shall be used for the parking of motor vehicles and shall not be utilized for any other use that would prohibit parking of motor vehicles to the satisfaction of the planning director." 2(d): "Prior to the approval of any final map or the issuance of any permits within the Zone 20 Specific Plan, the applicant for the final map or permit shall submit evidence to the City that impacts to school facilities have been mitigated in conformance with the City's Growth Management Plan to the extent permitted by applicable state law for legislative acts. If the mitigation involves a financing scheme, such as a Mello-Roos Community Facilities District, which is inconsistent with the City's Growth Management Plan including City Council Policy Statement No. 38, the developer shall submit disclosure documents for approval by the City Manager and City Attorney which shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax and that the school district is the taxing agency responsible for the financing district. At a minimum, the project CC&Rs shall require maximum disclosure and signed statements for disclosures upon transfer of residential property." The Council should satisfy itself that the findings and conditions as recommended by itself and the Planning Commission accurately reflect your intentions in the matter. I EXHIBITS Resolution No. 9g-63 c . . r, 4 . 1 2 3 4 5 6 7 6 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 .- - RESOLUTION NO. 94-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A TENTATIVE SUBDIVISION MAP (CT 92-Ol), PLANNED UNIT DEVELOPMENT (PUD 92-Ol), SITE DEVELOPMENT PLAN (SDP 93-04) AND HILLSIDE DEVELOPMENT PERMIT (HDP 92-10) FOR A 152 UNIT MULTI-FAMILY RESIDENTIAL PROJECT ON 29 ACRES OF LAND GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. APPLICANT: COSTA DO SOL CASE NO: CT 92-Ol/PUD 92-Ol/SDP 93-04/HDP 92-10 . WHEREAS, on November 3, 1993 the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Tentative Subdivision Map (CT 92-Ol), Planned Unit Development (PUD 92-Ol), Site Development Plan (SDP 93-04) and Hillside Development Permit (HDP 92-10) for a 152 unit multi-family residential project and adopted Resolutions Nos. 3546, 3547, 3548 and 3549 respectively, recommending to the City Council that the Tentative Subdivision Map (CT 92-Ol), Planned Unit Development (PUD 92-Ol), Site Development Plan (SDP 93-04) and Hillside Development Permit (HDP 92-10) be approved: and WHEREAS, the City Council of the City of Carlsbad, held a public hearing on February 15, 1994 to consider the recommendations and heard all persons interested in or opposed to Tentative Subdivision Map (CT 92-Ol), Planned Unit Development (PUD 92-Ol), Site Development Plan (SDP 93-04) and Hillside Development Permit (HDP 92-10); and WHEREAS, an Environmental Impact Report (EIR 90-03) was previously certified on September 14, 1993, and this project complies with all applicable mitigation measures outlined by Final EIR 90-03 for the development of the Zone 20 planning area and, as 1 2 3 4 5 6 7 8 9 10 11 12 2 g mwo, 227 48g 13 VW% iu, SO-j!% 14 c -82 tiG5;8 ,o ou u,sz 15 ZWv)o %i& 16 p ug >r 17 5 5 18 19 20 21 22 23 24 25 26 27 28 proposed, this project will not create any additional significant adverse environmental impacts, NOW, THEREFORE, BE IT RESOLVED by the City Council of the ) City of Carlsbad, California, as follows: I 1. That the above recitations are true and correct. 2. That the Tentative Subdivision Map (CT 92-Ol), Planned Unit Development (PUD 92-Ol), Site Development Plan (SDP 93-04) and Hillside Development Permit (HDP 92-10) for this project are approved and that the findings and conditions of the Planning Commission contained in Resolutions Nos. 3546, 3547, 3548 and 3549, respectively, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council with the following amended and new conditions: a. Condition No. 55 is amended to read as follows: "Prior to approval of the final map the applicant shall prepare a notice to be recorded on the deed to all lot(s) containing the 20 foot public trail easement. The notice shall state that the lot contains a 20 foot easement for the purposes of public trail access. The notice shall be prepared in a manner meeting the approval of the Planning Director and the City Attorney. The project's CC&Rs shall also include language stating that there is a 20 foot public trail easement located on the above mentioned lots." b. Condition No. 56 is amended to read as follows: "To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello II Local Coastal Program (LCP) the applicant shall implement one of the following three mitigation options prior to approval of the final map: (1) Preserve prime agricultural property within the Coastal Zone consistent with the provisions of the Carlsbad LCP; or (2) Illustrate that continued or renewed agricultural use is not feasible per the guidelines of Mitigation Option 2 of the Local Coastal Program: or 2 . 4 . 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 - (3) mitigation fee, Provide payment of an agricultural the amount of which shall not be less than $5,000 nor more than $10,000 for each net converted acre. The amount of the fee shall be determined prior to approval of the final map and shall be consistent with the provisions of Carlsbad's LCP." C. Condition has been added to read as follows: "That the covenants, conditions and restrictions for the project shall include a provision that the required two covered parking spaces per unit shall be used for the parking of motor vehicles and shall not be utilized for any other use that would prohibit parking of motor vehicles to the satisfaction of the planning director." d. Condition has been added to read as follows: "Prior to the approval of any final map or the issuance of any permits within the Zone 20 Specific Plan, the applicant for the final map or permit shall submit evidence to the City that impacts to school facilities have been mitigated in conformance with the City's Growth Management Plan to the extent permitted by applicable state law for legislative acts. If the mitigation involves a financing scheme, such as a Mello-Roos Community Facilities District, which is inconsistent with the City's Growth Management Plan including City Council Policy Statement No. 38, the developer shall submit disclosure documents for approval by the City Manager and City Attorney which shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax and that the school district is the taxing agency responsible for the financing district. At a minimum, the project CC&Rs shall require maximum disclosure and signed statements for disclosures upon transfer of residential property." 3. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final: however, if within ten days after the decision 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _- becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.tt PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 1st day of MARCH 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clbrk (SEAL) 4 . March 8, 1994 Mr. Don Agatep The Agatep Corporation 2956 Roosevelt Street Carlsbad, CA 92008 Re: Approval of Tentative Subdivision Map - Costa Do Sol The Carlsbad City Council, at its meeting of March 1, 1994, adopted Resolution No. 94-63, approving a Tentative Subdivision Map, Planned Unit Development, Site Development Plan and Hillside Development Permit for Costa Do Sol. Enclosed is a copy of Resolution No. 94-63 for your records. -EN R. KUNDTZ, CMC Assistant City Clerk KRK:ijp Enclosure 1200 Carlsbad Village Drive - Cartsbad, California 92008-l 989 - (619) 434-2808 @