HomeMy WebLinkAbout1994-04-05; City Council; 12645; Poinsettia Hill Approval of a Tentative Subdivision Map, Condominium Permit, Site Development Plan and Hillside Development Permitf-!=Y OF CARLSBAD - AGWDA BILL
AB# r2-t of5 TITLE: AppRovAL Ok -ON MAP CONDOMINIUMPERMIT,SITEDEVELOPMENTPLAP;
MTG. J/5/94 ANDHILLSIDEDEVELOPMENTPERMIT
DEPT. CA APPLICANT:POINSE'ITIAHILL CASE NO: a 93-03/CP93-02/SDP93-02/HDP93-03
RECOMMENDED ACTION:
If Council concurs your action is adopt Resolution No. 54-93 approving the Tentative Subdivision Map (CT 93-03), Condominium Permit (CP 93-02), Site Development Plan (SDP 93-02) and Hillside Development Permit (HDP 93-02).
ITEM EXPLANATION
The City Council, at your meeting of March 22, 1994 voted 4-O (Council Member Kulchin absent) approving the Tentative Subdivision Map (CT 93-03), Condominium Permit (CP 93-02), Site Development Plan (SDP 93-02) and Hillside Development Permit (HDP 93-02) and directed the City Attorney to prepare the necessary document. That document has been prepared and is attached.
Conditions No. 32 was amended as shown on the resolution, and two conditions were added to read as follows:
a. Condition No. 78 is added to read as follows:
"78. Prior to approval of the final map the owner shall make an irrevocable offer of dedication to the City of Carlsbad, Open Space District, or other similar entity designated by the City of Carlsbad, for a perpetual easement for public trails over, upon, and across the northerly portion of Lot 1. If the City of Carlsbad accepts dedication of the trails easement, the City shall assume responsibility, maintenance, and liability of the trails."
b. Condition No. 79 is added to read as follows:
“79. Plans, specifications, and supporting documents for the improvements mentioned below shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance with City Standards, the applicant shall install, or agree to install and secure with appropriate security as provided by law, the following improvements:
"A" Street shall be extended from the proposed end, shown on the tentative map, to a future intersection with Poinsettia Lane. Said extension shall be graded to full- width and constructed with an offsite 32' wide paved roadway, curb, gutter, and sidewalk on the northerly side, sufficient drainage control facilities as may be required and all sewer, water, and utility lines that would be underneath the paving. A minimum 42' right-of- way width shall be offered for dedication to the City for the improvements to be constructed and maintained.
Installation of these improvements shall only be required at such time as Poinsettia Lane improvements are installed and functioning as an integral part of the circulation system linking Poinsettia Hill with Aviara
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Agenda Bill No. Kl,UiS
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Oaks School. The developer may request a reimbursement agreement for design, right-of-way, acquisition costs, grading and improvements associated with the off-site 18AV1 Street extension, with the exception of sewer and drainage facilities required to serve Poinsettia Hill."
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.
EXHIBITS
Resolution No. W-$3
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RESOLUTION NO. 94-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 93-03), CONDOMINIUM PERMIT (CP 93-02), SITE DEVELOPMENT PLAN (SDP 93-02) AND HILLSIDE DEVELOPMENT PERMIT (HDP 93-02) FOR A 184 MULTIFAMILY RESIDENTIAL DEVELOPMENT ON 36.2 ACRES OF LAND GENERALLY LOCATED .75 MILES SOUTH OF PALOMAR AIRPORT ROAD AND .25 MILES WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 21. APPLICANT: POINSETTIA HILL CASE NO: CT 93-03/CP 93-02 SDP 93-02/HDP 93-02
WHEREAS, on January 5, 1994 the Carlsbad Planning
Commission held a duly noticed public hearing to consider a
proposed Mitigated Negative Declaration, Tentative Subdivision Map
(CT 93-03), Condominium Permit (CF 93-02), Site Development Plan
(SDP 93-02) and Hillside Development Permit (HDP 93-02) for a 184
unit multifamily residential development and adopted Resolutions
Nos. 3606, 3607, 3608, 3609 and 3610 respectively, recommending to
the City Council that the Tentative Subdivision Map (CT 93-03),
Condominium Permit (CP 93-02), Site Development Plan (SDP 93-02)
and Hillside Development Permit (HDP 93-02) be approved; and
WHEREAS, the City Council of the City of Carlsbad, held
a public hearing on March 22, 1994 to consider the recommendations
and heard all persons interested in or opposed to Mitigated
Negative Declaration, Tentative Subdivision Map (CT 93-03),
Condominium Permit (CP 93-02), Site Development Plan (SDP 93-02)
and Hillside Development Permit (HDP 93-02); and
WHEREAS, the Planning Commission has determined that
Tentative Subdivision Map (CT 93-03), condominium Permit (CP 93-
02) I Site Development Plan (SDP 93-02) and Hillside Development
Permit (HDP 93-02) will not have a significant impact on the
environment and the City Council has concurred and a Mitigated
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Negative Declaration dated November 11, 1993 was issued and
approved in satisfaction of the requirements of the City of
Carlsbad Environmental Protection Ordinance of 1980 and the . California Environmental Quality Act: and
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 Mitigated Negative Declaration, Tentative
Subdivision Map (CT 93-03), Condominium Permit (CP 93-02), Site
Development Plan (SDP 93-02) and Hillside Development Permit (HDP
93-02) for this project are approved and that the findings and
conditions of the Planning Commission contained in Resolutions Nos.
3606, 3607, 3608, 3609 and 3610, 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. 32 of Planning Commission
Resolution No. 3607 is amended to read as follows:
'*CT 93-03 is approved subject to the condition that the construction of the local collector serving the Poinsettia Hill project shall include a connection to the existing unimproved access, as shown on Exhibits lgCII - lgDtI, dated January 5, 1994, that allows circulation adequate for vehicles meeting Caltrans Highway Design Manual 407D. This interim pedestrian and vehicle access shall be provided via the 30' wide temporary access easement to be offered on the Poinsettia Hill final map that will connect with the
30' wide temporary access easement located along the easterly boundary of Aviara Phase III, Lot 3. All temporary access easements~ shall remain in place until installation of the improvements described in Condition No. 79.
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ggAdditionally, access for those agricultural uses traveling to and from El Camino Real shall be maintained throughout construction of the Poinsettia Hill project.gg
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b. Condition No. 78 is added to Planning Commissio
Resolution No. 3607 to read as follows:
"78. Prior to approval of the final map the owner shall make an irrevocable offer of dedication to the City of Carlsbad, Open Space District, or other similar entity designated by the City of Carlsbad, for a perpetual easement for public trails over, upon, and across the northerly portion of Lot 1. If the City of Carlsbad accepts dedication of the trails easement, the City shall assume responsibility, maintenance, and liability of the trails."
c. Condition No. 79 is added to Planning Commission
Resolution No. 3607 to read as follows:
"79. Plans, specifications, and supporting documents for the improvements mentioned below shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance with City Standards, the applicant shall install, or agree to install and secure with appropriate security as provided by law, the following improvements:
"A" Street shall be extended from the proposed end, shown on the tentative map, to a future intersection with Poinsettia,Lane as shown on Exhibit g'Agg attached hereto. Said extension shall be graded to full-width and constructed with an offsite 32' wide paved roadway, curb, gutter, and sidewalk on the northerly side, sufficient drainage control facilities as may be required and all sewer, water, and utility lines that would be underneath the paving. A minimum 42' right-of-way width shall be offered for dedication to the City for the improvements to be constructed and maintained.
Installation of these improvements shall only be required at such time as Poinsettia Lane improvements are installed and functioning as an integral part of the circulation system linking Poinsettia Hill with Aviara Oaks School. The developer may request a reimbursement agreement for design, right-of-
way t acquisition costs, grading and improvements associated with the off-site ggAgg Street extension, with the exception of sewer and drainage facilities required to serve Poinsettia Hill."
3. This action is final the date this resolution is
adopted by the City Council. The provision of Chapter 1.16 of the
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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 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.gg
PASSED, APPROVED AND ADOPTED at a Regular Meeting of th'
City Council of the City of Carlsbad on the 5th day of a
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Nygaard, Finnila
NOES: None
ABSENT:
ABSTAINED:
ATTEST:
ALETHA L. RAZjTENKRANZ, City Clerk (SE=)
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* _ SENT BY:CIfy OF CQRLSBAD _ : 3-18-94 2:36PM : 619 720 9461:# 4
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