HomeMy WebLinkAbout1994-03-15; City Council; 12625; Mariners Pointi TY OF CARLSBAD - AGI ‘- 1DA BILL trls , m < -
AB # &!, b%S TITLE: APPROVAL OF ATENTATIVE SUBDIVISION MAP, SITE DEVELOPMENT PLAN AND HILLSIDE DEVELOPMENT
MTG. J/15/94 PERMIT
DEPT. CA APPLICANT:MARJNERS POINT CASE NO: CT 91-12/SDP 91-ll/HDP 91-25 CITY MGR. .L@%/
RECOMMENDED ACTION:
If Council concurs your action is adopt Resolution No. ?1/-83 approving the Tentative Subdivision Map (CT 91-12), Site Development Plan (SDP 91-11) and Hillside Development Permit (HDP 91-25).
ITEM EXPLANATION
The City Council, at your meeting of March 8, 1994, voted 5-O approving the Tentative Subdivision Map (CT 91-12), Site Development Plan (SDP 91-11) and Hillside Development Permit (HDP 91-25) and directed the City Attorney to prepare the necessary document. That document has been prepares and is attached.
Conditions Nos. 55 was amended as shown in the attached resolution and a condition was added to read as follows:
2 (b): "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 contained in the attached resolution accurately reflect your intentions in the matter.
EXHIBITS
Resolution No. 94-83
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1 RESOLUTION NO. 94-83
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A TENTATJVE SUBDIVISION MAP (CT 91-12), SITE DEVELOPMENT PLAN (SDP 91-11) AND HILLSIDE DEVELOPMENT PERMIT (HDP 91-25) FOR A 186 UNIT SINGLE FAMILY AND 176 APARTMENT UNIT PROJECT ON 68 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: MARINERS POINT CASE NO: CT 91-12/SDP 91-ll/HDP 91-25
8 WHEREAS, on November 17, 1993 the Carlsbad Planning
9 Commission held a duly noticed public hearing to consider a
10 proposed Tentative Subdivision Map (CT 91-12), Site Development
11 Plan (SDP 91-11) and Hillside Development Permit (HDP 91-25) for a
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186 unit single family and 176 unit,apartment residential project
and adopted Resolutions Nos. 3556, 3557, and 3558 respectively,
recommending to the City Council that the Tentative Subdivision Map
(CT 91-12), Site Development Plan (SDP 91-11) and Hillside
Development Permit (HDP 91-25) be approved: and
WHEREAS, the City Council of the City of Carlsbad, held
a public hearing on March 8, 1994 to consider the recommendations
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and heard all persons interested in or opposed to Tentative
Subdivision Map (CT 91-12), Site Development Plan (SDP 91-11) and
Hillside Development Permit (HDP 91-25); and
WHEREAS, an Environmental Impact Report (EIR 90-03) was
previously certified on November 9, 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 proposed,
this project will not create any additional significant adverse
environmental impacts,
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Tentative Subdivision Map (CT 91-12), Site
/ Development Plan (SDP 91-11) and Hillside Development Permit (HDP
~ 91-25) for this project are approved and that the findings and
conditions of the Planning Commission contained in Resolutions Nos.
3556, 3557, and 3558, 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:
"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
(3) Provide payment of an agricultural mitigation fee, 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."
b. 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
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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
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"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 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
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proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008."
PASSED, APPROVED AND ADOPTEP at a Regular Meeting of the
City Council of the City of Carlsbad on the 15th day of MARCH
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard
NOES: None
ABSENT: Council Memb
ATTEST:
(SEAL)
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of Carlsbad
March 18, 1994
Bramalea California Inc. 100 Bayview Circle, Suite 2000 Newport Beach, CA 92660
Re: Approval of Tentative Subdivision Map - Mariners Point
The Carlsbad City Council, at its meeting of March 15, 1994, adopted Resolution No. 94-83, approving a Tentative Subdivision Map t Site Development Plan and Hillside Development Permit for Mariners Point.
Enclosed is a copy of Resolution No. 94-83 for your records.
KRK:ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 CD .