HomeMy WebLinkAbout1994-04-05; City Council; 12651; Appeal Approval Tract Map 92-08 Green Valley Include Right-Of-Way for Future Leucadia BoulevardCl+ OF CARLSBAD - AGEl+‘- A BILL /?Y---- [;:Gj 0 A0
AB# /‘Ribs1 TITLE: APPEAL OF THE PLANNING COMMISSION APPROVAL DEPT. HD.
MTG. + s-‘?‘i OF TENTATIVE TRACT MAP 92-08 - GREEN VALLEY - TO
INCLUDE A CONDITION REQUIRING DEDICATION OF ii!@ CITY ATTY
DEPT. w&u.- RIGHT-OF-WAY FOR FUTURE LEUCADIA BOULEVARD. CITY MGR. ?%-
RECOMMENDED ACTION:
Staff recommends that the City Council direct the City Attorney to prepare documents APPROVING
the appeal of CT 92-08 to add a new condition as recommended by the City staff.
I
lTEM EXPLANATION
On February 2, 1994, the Planning Commission conducted a public hearing and approved (5-2)
the Tentative Tract Map for the Green Valley project. The project as presented to the Commission
and as reviewed by staff did not consider a right-of-way dedication for Leucadia Boulevard as a
condition of approval.
The absence of such a condition was not an oversight. As shown on the Carlsbad General Plan,
Leucadia Boulevard is entirely within the County of San Diego and City of Encinitas sphere of influence. Historically it has therefore been considered to be wholly within the jurisdiction of
Encinitas and a part of the currently proposed Encinitas Ranch Specific Plan.
The draft environmental documents for the proposed Ecke Ranch project, which is located
immediately south of the Green Valley project within the City of En&&as, suggest that an
alternate northerly alignment of Leucadia Boulevard would be more environmentally sensitive.
The alternative alignment straddles the City boundary between Carlsbad and Encinitas and would
not impact the developable land within the proposed Green Valley project.
Carlsbad City staff have reviewed the proposed alternative alignment and agree that it may be
environmentally superior to the original proposed alignment. City staff is in agreement with the
Encinitas staff that a condition requiring an offer of dedication should be placed on the Green
Valley project by Council. Regarding the cost and design of Leucadia Boulevard, staff of both
cities have been working on an agreement which would require the City of Carlsbad to pay all
costs for the widening of La Costa Avenue while the City of Encinitas would pay all costs for
Leucadia Boulevard. Therefore, staff is not recommending that the Green Valley project be
conditioned to participate in the cost of Leucadia Boulevard at this time.
Staff is therefore proposing that the following condition be added to the tentative map conditions
for the Green Valley Master Tentative Map:
“Prior to final map approval, the subdivider shall offer to dedicate property along the
southern boundary of proposed Lot 8 for future public right-of-way. The exact
amount of dedication shall be as determined by the City Engineer at the time the final
map is approved and shall include provision for adequate slope rights to construct a
road linking the existing Leucadia Boulevard to El Camino Real. This condition may
be waived in the event that the City of Encinitas adopts an alignment for Leucadia
Boulevard which does not require any right-of-way or slope easement dedication
within the Green Valley project prior to final map approval.”
Subsequent to the filing of the written appeal, Encinitas staff indicated that the City of Encinitas
is also requesting a connection of Street “A” within the Green Valley project to the extension of
Via Cantebria within their Encinitas Ranch project. This is addressed generally in existing
Condition No. 51 of Planning Commission Resolution No. 3603. At the hearing on this item,
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PAGE 2 OF AGENDA BILL NO. I ‘$ b 5 (
Encinitas would like to present a conceptual, alternative alignment of this connection for City
Council consideration. The staff of both cities have met regarding this alternative connection and
subject to final review by the City Engineer, staff will probably be able to support Encinitas’
request for the connection.
ENVIRONMENTAL REVIEW
The City of Encinitas has prepared an Environmental Impact Report for the Encinitas Ranch
Specific Plan which has included a biological impacts assessment of the Leucadia Boulevard
Alternative Alignment. That EIR has not yet been certified by the Encinitas City Council.
Prior to the Carlsbad City Engineer9 determination of the exact amount of dedication he must find
that the subject dedication is necessary to implement the environmental alignment of Leucadia
Boulevard. The finding will be based on the certified Encinitas Ranch Specific Plan Environmental
Impact Report.
FISCAL IMPACI’
The dedication of the right-of-way for Leucadia Boulevard does not have an immediate fiscal
impact on the City of Carlsbad. If in the future, the alignment for Leucadia Boulevard requires
the taking of property which has not been included in an offer to dedicate from the Green Valley
development, the City of Carlsbad or Encinitas might be obligated to acquire that property. The
cost of such acquisition would be included in the future cost of the road construction project.
Although the City of Carlsbad has provided some future funds from Community Facilities District
No. 1 to assist in the construction of this road segment, even though the road is not located
within the boundaries of the City of Carlsbad, staff of both cities have been working on an
agreement regarding the funding of this road as well as La Costa Avenue and Olivenhain Road.
This agreement will be presented to the City Council in the near future.
EXHIBITS
1. Planning Commission Resolution No. 3603
2. Appeal Letter w/exhibits
PLANNING COMMISSION RESOLUTION NO. 3603
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN 11 LOT SUBDMSION ON PROPERTY GENERALLY LOCATED SOUTH
OF LA COSTA AVENUE, EAST AND NORTH OF THE CITY OF
ENCINITAS AND WEST OF EL CAMINO REAL IN LOCAL
FACILITIES MANAGEMENT ZONE 23.
CASE NAME: GREEN VALLEY MASTER PLAN
CASE NO: CT 92-08
WHEREAS, a verified application for certain property to wit:
A portion of Section 2, Township 13 South, Range 4 West; and
a portion of Section 35, Township 12 South, Range 4 West,
San Bernardino Meridian, City of Carlsbad, County of San
Diego, State of Carlsbad.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of January, 1994
and on the 2nd day of February, 1994, 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 Commission considered all
factors relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the above recitations are true and correct.
Bl That based on the evidence presented at the public hearing, the Commission
APPROVES CT 92-08, based on the following findings and subject to the following
conditions:
Find&s:
The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will not be issued for the project unless the City
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Engineer determines that sewer service is available, and building cannot occur
within the project unless sewer service remains available, and the Planning Commission 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.
The applicant is required to provide proof of mitigation to school impacts.
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.
Leucadia County Water District has issued a letter dated November 10,1992, stating that sewer service can reasonably be expected to be available concumm twiththe
need.
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.
This project is consistent with the Citys Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 23.
This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside
Ordinance) and meets all the requirements of that Chapter to ensure the sensitive
treatment of the City’s hillside resources.
The proposed subdivision implements Master Plan MP 92-01; the subdivision does
not entitle the property with rights to building pemnits.
Conditions:
1. Approval is granted for CT 92-08, as shown on Exhibit(s) “A” - “N”, dated January
19, 1994, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
. . .
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The developer shall provide the City with a reproducible 24” x Xi”, 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 and approved prior to building, grading, final map,
or improvement plan submittal, whichever occurs first.
This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless assurances of the availability of sewer facilities have been given by the Leucadia County Water District
in writing.
This project is also approved under the express condition that the applicant pay the
public facilities fee adopted by the City Council on July 28, 1987 (amended July 2,
1991) and as amended from time to time, and any development fees established by
the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other
ordinance adopted to implement a growth management system or facilities and
improvement plan and to fUfill the subdivideis agreement to pay the public
facilities fee dated November 6, 1992, a copy of which is on file with the City Clerk
and is incorporated by this reference. If the fees are not paid this application will
not be consistent with the General Plan and approval for this project will be void.
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 Green Valley Master Plan is in the Olivenhain Municipal Water District. The
applicant shall secure agreements with that District for the provision of water.
This project shall comply with all conditions and mitigation required by the Zone
23 Local Facilities Management Plan approved by the City Council, incorporated
herein and on file in the Planning Department and any future amendments to the
Plan made prior to the issuance of building permits.
The following note shall be placed on the Final Map. “Prior to issuance of a
building permit for any buildable lot within the subdivision, the property owner
shall pay a one-time special development tax in accordance with the City Council
Resolution No. 91-39”.
Prior to the final map for CT 92-08, the applicant or successor(s) in interest shall enter into an Affordable Housing Agreement with the City to provide and deed
restrict fifteen percent of the future dwelling units in Planning Area No. 3 as
affordable to lower-income households for the useful life of the dwelling units.
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.
PC RESO NO. 3603 -3- 4
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Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building
permit issuance.
Approval of CT 92-08 is granted subject to the City Council approval of MP 92-01.
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 material then a standard two
phased program, on file in the Planning Department, shall be undertaken to avoid
possible significant impacts on paleontological resources under the direction of the
Planning Department.
As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolution/resolutions on a 24” x 36”
blueline drawing. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
This approval shall be null and void if the property subject to this approval is not
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval.
Additionally, annexation must occur prior to the issuance of any grading, building
or other permit. (Deadline could be extended for good cause as determined by the
City Manager.)
Prior to the approval of any hal map or the issuance of any permits within the
Green Valley Master 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. If the mitigation involves a financing scheme such as a Mello-
Roos Facilities District which is inconsistent with the Civs Growth Management
Plan includjng Council Policy Statement No. 38, the developer shall submit
disclosured ocuments for approval by the City Manager and City Attomey which
shall disclose to future owners in the project, to the maximum extent possiile, the
existence of the tax and that the school district is the taxing agency responsiile for
thefinancingdistrict.
A Coastal Development Permit shall be obtained from the Califomia Coastal
Commission prior to final map.
. Elllaxld conditions:
18. This project is located within the East Batiquitos Lagoon/Hunt Local Coastal
Program plan. All development design shall comply with the requirements of that
plan.
19. Unless a standards variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map.
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The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
The applicant shah be responsible for coordination with S.D.G.&E., Pacific Bell
Telephone, and Cable TV authorities.
Approval of this tentative tract map shall expire twenty-four (24) months from the
date of Planning Commission 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 Planning Commission. In approving an extension, the Planning
Commission may impose new conditions and may revise existing conditions
pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code.
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 for by Section 66499.37 of the Subdivision
Map Act.
The applicant shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with
Master Drainage Plan and City of Carlsbad Standards as required by the City
Engineer.
a. Prior to final map approval the applicant shall pay all current fees and
deposits required.
Prior to approval of the final map, the owner shall enter into an agreement with the
City to pay any drainage area fees established as a result of the Master Drainage
Plan Update.
The owner of the subject property shall execute an agreement holding the City
harmless regarding drainage across the adjacent property prior to approval of the
final map for this project.
27. Prior to final map approval the owner shall execute a hold harmless agreement for
geologic failure.
28. Based upon a review of the proposed grading and the grading quantities shown on
the tentative map, a grading permit for this project is required. Prior to Enal map
approval, the applicant must submit and receive approval for grading plans in
accordance with City Codes and standards.
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Upon completion of grading, the applicant shall ensure that an “as-graded” geologic
plan is submitted to the City Engineer. The plan shah clearly show all the geology
as exposed by the grading operation, all geologic corrective measures as actually
constructed and must be based on a contour map which represents both the pre and
post site grading. This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a 24” x 36” mylar or similar
drafting film and shall become a permanent record.
Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the applicant shall submit to and receive approval from the
City Engineer for the proposed haul route. The applicant shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
The developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chapter 11.06.
The applicant shall construct desiltation/detention/urban pollutant basin(s) of a
type and a size and at location(s) as approved by the City Engineer. The applicant
shall enter into a basin maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of grading, building permit
or final map whichever occurs first for this project. Each basin shall be serviced by
an all-weather access/maintenance road. The two permanent detention basins
located at the north end of the project shall be private and maintained in perpetuity
by the property owner or property owners association. Prior to final map approval,
appropriate wording regarding detention basin maintenance, as approved by the
City Engineer, shall be included in the covenants, conditions and mstriction
(CC&R%) for the project.
The applicant shall place the following note(s) on a non-mapping data sheet of the
final map:
Geotechnical Caution:
A. Slopes steeper than two parts horizontal to one part vertical exist within the
boundaries of this subdivision.
B. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnity the City of Carlsbad from
any action that may arise through any geological failure, ground water
seepage or land subsidence and subsequent damage that may occur on, or
adjacent to, this subdivision due to its construction, operation or
maintenance.
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DedicationsBmnrovements
The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer
shall be made by a certificate on the final map for this project. All land so offered
shall be granted to the City free and clear of all liens and encumbrances and without
cost to the City. Streets that are already public are not required to be rededicated.
El Camino Real and La Costa Avenue shall be dedicated by the owner along the
project frontage based on a center line to right-of-way width of 63 and 58 feet,
respectively and in conformance with City of Carlsbad Standards prior to approval
of final map.
Direct access rights for all lots abutting La Costa Avenue and El Camino Real shall
be waived on the final map.
Some improvements shown on the tentative map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without
acquisition of title or interest. The applicant shall conform to Section 20.16.095 of the Carlsbad Municipal Code. This conditional approval is null and void if title to
said property is not obtained, unless the City Engineer and Planning Director make
findings of substantial conformance without construction of said improvements.
The applicant shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (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 fmal map, issuance of grading or building
permit, whichever occurs first.
Plans, specifications, and supporting documents for all public improvements 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, improvements shown on
the tentative map and the following improvements:
A. ElCaminoRealshallbewidenedandimprovedtoahalfstreetwidthof63
feet from La Costa Avenue to the projects southerly property line. An
adequate transition, as determined iu engineering design,totheexhingtwo
lane configuration for southbound trafEc on El Camino Real shall be provided. The roadway improvements shall include the following:
. 18footlaudscapedraisedmedian. . Concrete curb, gutter and sidewalk . street light standards. . Handicap ramps. . Storm draiu inlets.
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. No. 3 southbound vehicular travel lane. . Bicycle he.
To facilitate southbound right tum movements at the El Camino Real/ Calle
Barcelona intersection the No. 3 southbound vehicular travel lane and bicycle
lane shall be widened by 1 foot, to create a combined 20 foot wide lane, by
relocating the curbline westerly thereby deaeashg theparkwayareaby1
foot. The length of this 1 foot transition shall be determined in engineering design.
B. Before the developer constructs any portion of the proposed Green Valley
commercial or residential development, widening and improvement to La
Costa Avenue f?om El Camino Real to Interstate 5 must be underway. tfthe
City project to widen and improve La Costa Avenue has not begun prior to
issuance of building permits for the aforemen tioned commercia and/or
residential development, then the developer of Green Valley shall complete
the design of the &sting City improvement plans for La Costa Avenue and
improve La Costa Avenue along the Green Valley project frontage, in accordance with this plan
C. The westerly leg of the E1 Camino Rea/Levante Street intersection shall be
constructed to the following cotiguration:
. Two eastbound left tum lanes. . One eastbound combined right turn/through lane. . One westbound through laue. . Two bicycle lanes.
l Supporting traffic signal modifications. . One northbound left turn lane shall also be coustructed.
D. The westerly leg of the El Camino R.eal/Calle Barcelona intersection shall be
constructed to the following con.fi~tiOIlz
. Two eastbound left turn lanes. . One eastbound through lane. . one eastbound tight turn lane. . Two westbound through lanes. . Two bicycle lanes. . Supporting traffic signal modifications. . Two northbound left turn lanes shall also be constructed.
IL Two bridge stn~ctures shall be coustructed over the ripaxian area (Encinitas
Creek) at Calle Barcelona and kvaute Street to access the site. The bridge
structure undeqass width for the creek flowline shall be determined in
accordance with the following criterk
.
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. To facilitate a standard one foot fkeboard fkom the soffit of the
bridge structure to accommodate a lOO-year 6-hour storm event; and,
. To adequately accommodate wildlife mo vement through the bridge
structure underpass, to the satisfaction of applicable environmental
agencies.
The maximum width of the bridge structure flowline underpass shall be
determined by whichever of the above criteria creates for a wider opening.
F. Street “A” shall be a public street and constructed in accordance with City
Standards.
G. A public trail and parking/staging area shall be constructed and an offer of
dedication made to the City for a public easement over the trail, in
accordance with and as shown on the tentative map.
H. The following public storm drain improvements shall be constructd
. Extend the existing double 6’ x 5’ box culvert at the Calle barcelona
extension at El Camino Real.
. Extend the existing 24” R(=P on El Camino Real north of Calle
hl-CdOM t0 discharge t0 bZiIl.it~ creek
. Removeandreplaceexisting60”CMPwitha60”RBonElCamino
Real north of Jxvante Slreet.
. Remove and replace exist& 24” CMP with a 24” RCP extending the 24” RCP to dischqe to Encinitas creek.
A note to this effect shall be placed on an additional map sheet on the final map per
the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed
above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
The developer shall install street lights along all public and private street frontages
in conformance with City of Carlsbad Standards.
The applicant shall install sidewalks along all public streets abutting the project in
conformance with City of Carlsbad Standards prior to occupancy of any buildings.
The applicant shall install wheelchair ramps at the public street comers abutting the
subdivision in conformance with City of Carlsbad Standards prior to occupancy of
any buildings.
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Smcial Conditions:
43.
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Prior to any construction that includes clearing, grading or excavation that results
in soil disturbance of five acres or more, the pqxrty owner shall file a Notice of
Intent (NOI) with the California State Water Quality Control Board (CSWQCB) and
pay the appropriate fee for a storm water permit.
Prior to approval of the final map, reimbursement and/or construction agreements shall be executed with the developer of Local Facilities Management Plan (LFMP)
Zone 12 for the following improvements;
. Full intersection improvements for the El Camino Real/Calle Barcelona
intersection.9
. Reimbursement Agreement for the construction of one-half of the raised
median improveinents on El Camino Real along the project frontage from the
southerly property line to Levante Street.
Prior to approval of the final map, Reimbwsem ent Agreements shall be executed
with the developer of LFMP Zone 11 and the developer of IXMP Zone 12 for
drainage studies which were conducted for the Encinitas Creek Drainage Basin
which the developer of LFMP Zone 23 be&it-ted from.
Prior to issuance of building permits one of the following drainage mitigation
meamres shall be implemented:
. Detention Basin c, which will be located in r.J?MP Zone 12, shall be
constructed to reduce the 100 year flood water surf&e ekvations (WSE) in
Encinitas Creek. This is required to achieve a standard one foot freeboard
from the bottom of the bridge structures anssing Fmcinitas Creek at CaUe
Barcelona and Levante Street and along the El Camino Real right of way. If
detention Basin C is constructed by the developer of LJ?MP Zone 23 a
Reimbursement k@eement shall be executed between the developers of
LFMP Zone 12 and LFMP Zone 23 since the developer of LFMP Zone 12 will
benefit fkom the construction of this detention basin,
. If Detention Basin C is not constructed then the developer of LFMP Zone 23
shall provide detailed hydraulic analysis indicating the mitigation measums
required to achieve the above mentioned standard one foot freeboard. The
developer of LFMP Zone 23 shall then construct any mitigation
improvements which may be required.
Prior to approval of the final map the developer of LFMP Zone 23 shall prepare a
deficiency plan in accordance with San Diego County congestion Management Plan
(CMP) criteria for the Interstate S corridor from Encinitas Boulevard to Leucadia
Boulevard in cooperation with San Diego Association of Governm ems (SANDAG)
and the Califomia Department of Transportation (Caltxans).
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48.
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so.
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53.
Building occupancy shall not be granted for any part of the Green Valley project, both co l 1 and residential, until such time as the following improvements are
completed:
. Widening of la Costa Avenue to four lanes with a raised median from El
Camino Real to Interstate 5.
. Fd interchange imprmements at the Interstate S/La Gosta Avenue
intw.
In accordance with Section 11.06.140 of the Garlsbad Municipal code and the East
Batiquitos Lagoon/Hunt Properties Local Coastal Program (LB) ah grading
activities shall be prohibited within the period from October 1 through April 14 of
the following year.
Slopes and areas remain@ undisturbed shall be placed in a permanent Open Space
easement gmnted to the City. The offer of dedication shall be made by a certificate
on the iinal map for tbis project.
Due to the projected high increase intrafEconElGaminoRealassociatedwith
implementation of the future Encinitas Ranch Specific Plan, future degradation of levels of service (LOS) to unacceptable operation exists for various intersections
along El Camino Real, within the City of Carl&ad. To help mitigate these
inadequate levels of service, consideration of a southerly connection of Street “A”
within Green Valley to the C&y of Encinitas may be required. Therefore, prior to
final map approval, if the Gity Engineer and Planning Director deem the southerly
connection of Street “A” within Green Valley to the City of Encinitas necessary,
subsequent to additional enviromnental review, changes to the Street “A” alignment
and cross-section shall be made. Any changes to Street “A’s” alignment and cross-
section to facilitate this southerly connection shah not be cause for violation of
tentative map substantial conformance. In this way, if necessary, the tentative map
can be revised adminkatively in accordance with the city Engkeer and Planning
Director% approval.
Due to the specific customized design req uirements of large retail structures, multi-
familyunits, and associated parking related to sheet graded pads, g4ingvariations
may be allowed subject to the approval of the Gity Engiwer and Planning Director
and shall not be cause for violation of tentative map substantial conformance
provided that the overall earthwork quantities remain in cdolmance with the
Hillside Development Regulations. tn this way, the tentative map can be revised . . admuustmtively in accordance with the city Engineer and Planning Director’s
approval.
Prior to approval of the final map, mitigation measures shall be identified to reduce
the increased water surface elevations of Fncinitas Creek to a level of insignificance
at the Kroblen parcel which is located directly-south of Levante Street and adjacent
toElcaminoReal.
PCRESON0.3603 -ll-
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1:
1E
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1E
IS
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Fire Conditions:
54.
55.
s6.
57.
58.
Prior to the issuance of building permits, complete building plans shall be submitted
to and approved by the Fire Department.
Applicant shall submit a site plan to the Fire Department for approval, which depicts
location of required, proposed and existing hydrants.
Applicant shall submit a site plan to the Fire Department for approval of access,
driveways and general traffic circulation.
An all-weather access road shall serve the project during construction.
Brush clearance shall be maintained according to the specifications contained in the
City of Carlsbad Landscape Manual. Applicant shall provide brush clearance plan
to the Fire Department for approval.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of February, 1994, by
the following vote, to wit:
AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Noble
& Hall.
NOES: Commissioners Erwin & Welshons.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING-COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RESO NO. 3603 -12-
l%W El.M AVENUE
. CNUBAU, CALIFOIWIA mm
Ollicc of flrc Clry Clark
.-
I (We) appeal the fol lowing dccish of the ~~~~&.cuL,R~~R~~~.~ .._ _. ._._ _
Commission to the city Colmcil:
Project Name ard Nwber (or subject OF appeal): Green QUs~.n~a.t,i.v.e. ., _
* . . S11~1v1 s1u : Case No. CT 92-08
FPPEAL FOIIq
1 El rl’l ICIFJE
(a 19) 4:14-2110~1
6.4 A-t+Q(/
Date of Decision: February 2, 1994
Reason for Appeal: See Attachment ------
-.-- -.-- --.e..-- -
February 14, 1994
bite
Murray L. Warden - City Manager --
Name (Please Print)
505 S. Vulcan Avenue
Address --.e
Encinitas, CA 92024
(619) 633-2689
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city of
Em2~h.s
February 14, 1994
City Clerk City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576
RE: Appeal of February 2, 1994 Planning Commission Approval of the Carlsbad Partners (Green Valley) Tentative Subdivision Map; Case No. CT 92-08.
.
The City of Encinitas is filing this appeal of the Carlsbad Planning Commission's determination to approved the above referenced Tentative Map for the following reasons:
1. Review of the Encinitas Ranch Specific Plan within the City of Encinitas has involved the assessment of several alternative alignments for the extension of Leucadia Boulevard from El Camino Real westward to Sidonia Avenue.
2. The Leucadia Boulevard extension is planned for on both the City of Encinitas' and the City of Carlsbad's Circulation Elements of their General Plans.
3. The Encinitas Planning Commissiondeterminedto recommend to the City Council the northerly (Scheme 3) alignment of Leucadia Boulevard through the inland bluffs on the Encinitas Ranch project. The northerly alignment encroaches slightly onto the Carlsbad Partners property (Green Valley) in the City of Carlsbad.
4. In addition to other benefits, the northerly alignment avoids impacts to sensitive plant species (i.e.: Encinitas baccharis). Enclosed is a schematic of the Leucadia Boulevard alignment as being recommended by the Encinitas Planning Commission and tables showing the reduced environmental impacts of the northerly alignment as presented in the EIR for the Encinitas Ranch project.
5. The Green Valley Tentative Subdivision Map, as approved by the Carlsbad Planning Commission does not provide for right-of-way for Leucadia Boulevard within the City of Carlsbad.
To implement the preferred northerly alignment, the City of Encinitas requests that a condition be placed on the Tentative Subdivision Map for the Carlsbad Partners property (Green Valley) requiring right-of-way dedications, as needed, for the portion of Leucadia Boulevard extending into the City of Carlsbad; should this
i,,: < \'>,l...," .i\.rn,,r Fnr-lnlr IC f.,lifr,mi.r O'll~~-U144 TFI hlc)-h4%lhlIO FA9 hl9413+lh2- TDD 619-634-2730 #3 rPP\Ad n3nar
option be ultimately approved by the City of Encinitas. The following condition language is submitted for consideration by the Carlsbad City Council:
"Based upon the adoption of the alignment for Leucadia Boulevard by the City of Encinitas, the developer shall: (1) Dedicate, if needed, the right-of-way, drainage easements and associated slope easements necessary to construct Leucadia Boulevard west of Camino De1 Norte; and (2) The developer shall pay a pro-rata share, based upon traffic generation, of the costs for designing and constructing Leucadia Boulevard."
The City of Encinitas is specifically concerned with the appropriate dedication for Leucadia Boulevard should its northerly alignment be approved. The City of Encinitas is also aware that such a dedication may result in an amendment to the Green Valley Master Plan concerning re-vegetation within the open space area of the inland bluffs.
Please schedule this appeal for consideration by the Carlsbad City Council. Should you have any questions regarding this appeal, please contact the undersigned by telephoning (619) 633-2689.
Thank you,
c: City Council Patrick S. Murphy, Community Development Director Alan Archibald, City Engineer
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Different Leucadia Boulevard Alignment Habitat Fragmentation
Fragment Land Use Plan A
Northern segment 390 499 438 390
Southern segment 93 34 45 93 I
Source : Sweetwater Environmental Biologists (1993)
Different Leucadia Boulevard Alignment Bluff Cut Grading Elements
Alignment
I
Encroachment of Graded Banks With
I
Maximum Graded
2x+ Slopes 30 Ft+ Height Bank Height II
Lcedshi 11-Herkenof f 1.5 3.0 75
Land Use Plan A’ 1.5 (2.8) 3.6 (5.1) 75 (95)
Scheme I’ 0.7 (1.3) 3.4 (4.6) 51 (65)
Scheme 2'- 1.6 (3.0) 3.6 (4.9) 67 (85) \
’ Adjusted values are entered first with gross values in parenthesis.
Source: F.C. Springer & Associates (1993)
I
city of
El zcia itm ..’
February 24, 1994
Christer Westman Associate Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576
RE: Waiver of 30-Day Time Limit for the Consideration of the Appeal of the Planning Commission's Approval of the Carisbad Partners (Green Valley) Tentative Subdivision Map; Case No. CT 92-08.
Dear Mr. Westman:
The City of Encinitas has no objection to the waiver of the 30-Day time limit for consideration of the above referenced Appeal by the Carlsbad City Council. It is assumed that the property owner for the Green Valley Tentative Subdivision Map also has no objection to 'the time limit waiver.
It is hoped that allowing for the additional time may result in a favorable resolution of the current issues between the Green Valley Tentative Map and the alignment of Leucadia Boulevard into the Green Valley Planning Area in the City of Carlsbad.
Should you have any questions regarding this waiver of the 30-Day time limit, please contact Assistant Planner Craig Olson by telephoning (619) 633-2713.
Thank you,
Ci 4L
c:
Manager
City Council Patrick S. Murphy, Community Development Director Alan Archibald, City Engineer
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SENT BY: CITY OF CARLSBI?D ; -2-28-94 8: 03CiPl ; 61gp”-,;~g& 2147549016; # 2
February 24,1994
Tom Curnes Carlsbad Partners Ltd. 1601 Elm Street Suite 2364
Dallas, Texas 75201
SUBJECX APPEAL OF CT 92-08 GREEN VALLEY
Dear Tom:
As you know the Tentative Map for the Green Valley subdivision was appealed by the City of Encinitas. Because we may not be able to bring the appeal to the City Council within 30 days of its filing, on or before March 15, we have asked the City of-Encinitas to agree
to an extension,
Similarly we are hereby requesting that Carlsbad Partners agree to ari extension of time not to exceed 30 days. Signature in the space below will serve as an agreement to the requested extension. -nvy@-+
Carl&ad Partners Ltd. ,P~~e~o~~tffl c.8.
t?gdql?py
Date
Sincerely,
cHRrsTERwEsTMAN Associate Planner cW:Ih
LmcuRN.ooa
2076 Las Palmae Drive l Carlebad, Callfornla 92008-l 676 l (61 B) 438-l 161 a9