HomeMy WebLinkAbout1995-12-05; City Council; 13415; Calavera Heights Villages W, X, and YC-Y OF CARLSBAD -
AB # /q Y/s TITLE: REQUEST FOR AN
MT& 12-05-95 EXTENSION OF TIME FOR THE
DEPT. ENG TENTATIVE MAP FOR CARLSBAD TRACT CT 90-26
CAlAVEBA HEIGHTS VILIAGES W, X, AND Y
RECOMMENDED ACTION:
CITY MGR.m
Adopt Resolution No. ‘?s -338 granting a one year extension of time for Carlsbad Tract
90-26, Calavera Heights, Villages W, X, and Y.
ITEM EXPLANATION:
Lyons Communities, Inc., has requested an extension of time for Carlsbad Tract 90-26,
Calavera Heights, Villages W, X, and Y, an 82 lot Planned Unit Development project
containing 73 single family dwelling units. The project is located in Local Facilities
Management Zone 7, south of the Carlsbad Village Drive and east of Tamarack Avenue.
The tentative map was originally approved on November 2, 1993 in accordance with City
Council Resolution No. 93-301. The approval was for the standard two years, making the
expiration date of the tentative map November 2, 1995.
The request for an extension is due to the applicant’s inability to final the map because of
the unfavorable economic conditions of the past several years.
A condition to consult with U.S. Fish and Wildlife Service prior to approval of the final map
has been added to the project. The project as now conditioned conforms with the General
Plan, current City ordinances and standards. The applicant has executed an Agreement
for Waiver of Prohibition Against the Imposition of New Conditions which is on file in the
Engineering Department.
FISCAL IMPACT:
No detailed economic analysis of this development was conducted. While increased
operating expenses related to this development can be expected, these increases should
be offset by increased tax/fee revenues; however, an exact percentage was not calculated.
Local Facilities Management Plan 7
Growth Control Point 1.0
Net Density 1.0
Special Facilities C.F.D. No. 1
Page 2 of Agenda Bill No
1. Location map.
2. Resolution No. 95;- 333 granting an extension of time for Carl&ad Tract 90-26,
Calavera Heights, Villages W, X, and Y.
3. Application requesting extension.
4. A packet for reference, containing:
a. City Council Resolution No. 93-301 approving CT 90-26 and adding
conditions.
b. Planning Commission Resolution No. 3518 recommending approval of
CT 90-26 containing the Planning Commission’s conditions of approval.
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CITY OF OCEANSIDE
ITY OF VISTA
SI
NOT TO SCALE
‘ROJECT NAME PROJECT EXHIBIT CALAVERA HILLS VILLAGES W, X & Y NUMBER
C T90-26x 1 I
Y BY: EVANS. CARLSRAD NCINFFRJNC nFPT
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RESOLUTION NO. 9 5 - 3 3 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, APPROVlNG AN EXTENSION OF TIME FOR TENTATIVE MAP NO. 90-26. CAlAVERA HEIGHTS, VILLAGES W. X, AND Y
WHEREAS, the City Council of the City of Carlsbad on November 2, 1993, adopted
Resolution No.93401 approving Tentative Map No. CT 90-26; and
WHEREAS, Tentative Map CT 90-26 would now expire November 2, ‘1995; and
WHEREAS, the applicant has been diligently pursuing those acts necessary to obtain a
final map, and
WHEREAS, the unfavorable economic conditions prevailing since the tentative map
was approved has prevented the applicant from completing the acts necessary to obtain a final
map, and
WHEREAS, the project can be found to be in conformance with the General Plan, current
City ordinances and current Cii policies with the imposition of the existing conditions; and
WHEREAS, both the applicant and the City wish to extend the map subject to and relying
upon the existing conditions of approval.
NOW, THEREFORE, BE IT RESOLVED by the Cii Council of the City of Carlsbad, 1
California, as follows:
1. That the above recitations are true and correct.
2. That with the conditions of approval now existing and contained herein by reference,
the design and improvements of the subdivision are consistent with the General Plan, Titles 20
and 21 of the City of Carlsbad Municipal Codes, and any public facility or development policies
in existence at this time.
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Exhibit 2
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3. That Tentative Map 90-26 is hereby extended for one year until November 2, 1996,
subject to all of the conditions contained in Council Resolution Nos. 90-301 and Planning
Commission Resolution No. 3518 and the following additional condition:
Prior to approval of the final map, the Developer shall be required to:
A. Consutt with the United States Fish and Wildlife Service (USFWS), and
B. Obtain any permits required by the USFWS.
4. That this extension is approved in reliance upon the existing conditions of approval.
Any legal challenge or failure to perform the conditions of this and the above resolutions shall
render this approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl&ad City Council
held on the 5 th day of DECEMBER , 1995 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
NZ, City Clerk istant City Clerk (SEAL)
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CITY OF CARLSBAD
ENGINEERING DEPARTMENT
Tentative Map Extension Application
HDP 90-33
Project Id: CT 90-26/PUD 90-26/ I Project Name: CALAVERA HEIGHTS - VILLAGES W, X, & Y
PROPOSED Location: EAST/WEST Side of COLLEGE BLVD. Between CARLSBAD VILL. DR. and CANNON ROAD
NS/E/W) Street Name Street Name Street Name
Description: THE PROJECT PROPOSES THE DEVELOPMENT OF 73 SINGLE FAMILY UNITS ON APPROXIMATELY 100.5 ACRES.
APPUCANT OWNER
Name: LYON COMMUNITIES, INC. Name: LYOti/COPLEY CARLSBAD ASSOCIATES
Company No.:
Address: 4490 VON KARMEN
City, State, Zip F,odf: NEWPORT BCH, CA 92660
Ad&&+490 VON KARMEN
City, State, Zip Code: NEWPORT BCH, CA 92660
phone Num~i: A (714) f33-3600 II *,
Current Expiration Date: lli2jg5 Facility Zone: 7
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lb8-050-27, 208-101-05 APN:l68-040-29 (POR) Acreage: 100.5
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Subdivision Type: SINGLE FAMILY I Number of Lots: 82 I No. of D/U’s: 73
For City Use Only i
I Project Planner IRECEIVED
hf 13,lWf -
oetz i 1c Miu
@I’w QF CARLSBAD
ENGU’IEEf’?lNG COUNTER
D,tJTE STAMP RECEIVED
P:!DOCSWISFORh4WRMOOO73 REV mm b
.- SENT BY:Xerox Telecopier 702@- O-13-95 ;11:13AM, 1 71425215F- 613 558 14141# 2 ,
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:
MPDVONKARMAN.P.O.~X7520.NEVI;PORTBEACH,CA9~87520 l (H4)833-3600 l FA%(716)4?&8604
October 13, t995
City of Cartsbad 2075 LPI Palmas Drive Csrlsbed, CA 92009
To whom it may .wwzern:
7315 leiter shall 5erve as authorizotion for Lex Wifliman of Hunsaker and Asso&teo to act on
behalf of, and sign for, LyonEopley Cerlsbad Associates, L.P. yith regard to the sndosed
Applications for Tentatlve Tract Map Extentsions.
These extenlrions are for tho Calavera keighis project, Areas W, X & Y, ,Tract No. CT-90-26, and Area H, Tract No, CT:90-19.
Slnoerely,
Senior Vice President
IIP’
REAL ESTATE DEVELOPMENT
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Hmsaker G Associates San Diego, Inc.
Planning l Engineering l Surveying l GPS
October 12,1995
Mr. Lloyd Hubbs, City Engineer
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
Re: Tentative Map Extension Requests - Calavera Heights Village H
(CT 90-I 9) & Villages W,X & Y (CT 90-26)
Dear Mr. Hubbs:
On behalf of our client, Lyon Communities Inc., we hereby request that the above referenced
tentative maps be extended for a minimum period of one (1) year from their respective
expiration dates.
The tentative map for Village H, CT 90-19, is currently due to expire on November 4, 1995,
while the map for Villages W, X & Y, CT 90-26, will expire on November 2,1995.
The requested extensions are necessary due to the applicant’s inability to complete final
mapping for the projects based upon the unfavorable economic conditions of the past several
years. Given the recent improvement in conditions, Lyon Communities is hopeful of proceeding
with the projects should the extensions be granted.
Please find enclosed all required attachments requested by the City’s application checklist as
well as required processing fees.
Thank you in advance for your consideration in this matter. Should you have any questions, or
require additional information, please contact me directly.
Sincerely,
Hunqaker &I&sociates
Dire&or of Planning
LW: kk mswordik:\0346\tBO.doc
wo 0346-l 65 30179 Huennekens Street l San Diego, CA 92122 l (629) 5584500 l FAX: (619) 5581414
Offices: San Diego l Irzdne l RizwsidelSan Bernardino
Datjid Hammar l Jack Hill
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RESOLUTION NO. 93-301
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING AN ENVIRONMENTAL IMPACT REPORT, GENERAL PLAN AMENDMENT, MASTER PLAN AMENDMENT AND VARIOUS DISCRETIONARY APPLICATIONS FOR A PROJECT ON APPROXIMATELY 100 ACRES OF LAND GENERALLY LOCATED IN THE NORTHEAST QUADRANT, SOUTH OF THE NORTHERN CITY LIMITS, EAST OF LOCAL FACILITIES MANAGEMENT PLAN ZONE 1, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 7 APPLICANT: CAL&VERA HEIGHTS CASE NO: EIR 90-05/GPA 90-04/MP lSO(Gj/CT 90-26/
PUD 90-26/HDP 90-33
9 WHEREAS, on June 16, 1993 the Carlsbad Planning
10 Commission held a duly noticed public hearing to consider 2
11 proposed Environmental Impact Report (EIR 90005), General Plan
12, Amendment (GPA 90-04), Master Plan Amendment (MP 150(G)), Carlsbad
Tract (CT 90-26), Planned Unit Development (PUD 90-26) and Hillside
Development Permit (HDP 90-33) for project development on
approximately 100 acres of land and adopted Resolutions Nos. 3515,
3516, 3517, 3518, 3519 and 3520 respectively, recommending to the
City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad, on 18
19 September 7, 1993, September 21, 1993 and October 26, 1993 held
20 public hearings to consider the recommendations and heard all
21 persons interested in or opposed to EIR 90-OS/GPA 90-04/MP
22 lSO(G)/CT 90026/PUD 90026/HDP 90-33; and
23 .'. NOW, THEREFORE, BE IT RESOLVED by the City Council of the
24 City of Carlsbad, California, as follows:
1. That the above recitations are true and correct. I 25
26 2. That the Environmental Impact Report (EIR 90-05) on I
I/ 27 the above referenced project is certified and that the findings and
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conditions of the Planning Commission contained in Resolution No.
3515, on file with the City Clerk and incorporated herein by
reference, are the findings and conditions of the City Council:
3. That the General Plan Amendment (GPA 90-04) is
approved and that the findings and conditions of the Planning
Ccmmission contained in Resolution No. 3516, on file with the city
Clerk a!ld incorporated herein by reference, are the findings and
conditions of the City Council.
4. That the Master Pian Amendment (MP (150(G)) of this
project is approved and that the findings and conditions of the
Planning Commission contained in Resolution No. 3517, on file with
the City Clerk and incorporated herein. by reference, are the
findings and conditions of the City, Council with-the addition of
the following condition: .
"The developer shallundertake.and complete an acoustical study for noise impacts to residences adjacent to the proposed alignment of College Boulevard within the Master Plan in order to determine whether or not noise mitigation measures are necessary in order to reduce those impacts to a level of 60 db Cnel consistent with Planning Department Administrative Policy on Noise Mitigation Conditions Policy No. 17. The costs associated with any noise mitigation measures, if necessary, as recommended by the study shall be the responsibility of the appropriate homeowners' association or other parties."
Ordinance No. NS-255 shall be contemporaneously adopted,
with the exception of the first paragraph of Section III, which is
amended.to read as follows:
"One traffic analysis has already been completed that will require identified improvements to be installed with Villages u, w, X or Y. The "Calavera Hills-College Boulevard Traffic. Analysis" completed by the City of Carlsbad Engineering Department and dated February 24, 1993, indicates that the intersection of El Camino Real and Tamarack Avenue would fall below an acceptable level of service with the development of Villages Q and T. Therefore, with the'development of Village U, W, X or Y, the extension of College Boulevard to Cannon Road to El Camino Real or College Boulevard continuing to El Camino Real must be constructed or guaranteed for construction consistent with Zone 7 Finance Plan."
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5. That the Carlsbad Tract Map ('X.90-26) is approved
and that the findings and conditions of the Planning Commission
contained in Resolution No. 3518, on file with the City Clerk and
incorporated herein by reference, are the findings and conditions
of the City Council except that condition numbers 91 A(4), 91 A(5),
91 A(5.1) and 91 A(7) are amended to read as follows:
"91 A(4) College Boulevard from the southern subdivision bounda&to the future Cannon Road shall be constructed or guaranteed for construction as follows:. (a) Full width grading to major arterial standards. (b) Two 14 foot lanes, one in each direction, and median curbing.
(cl Adequate surface and subsurface drainage improvements to serve the drainage needs of the road. The terms of the guarantee shall be consistent with the Zone 7 Local Facilities Financing Plan."
Cannon Road from the proposed College Boulevard to El Cam&o Real should be constructed or guaranteed for construction as follows: (a) Full width grading to major arterial standards. (b) Two 14 foot lanes, one in each direction, and median curbing. .-_:
(cl Adequate surf ace and subsurface drainage improvements to serve the drainage needs of th-e road. (d) A fully traffic actuated signal-at Cannon Road and El Camino Real, to be constructed as directed by the City Engineer. The terms of the guarantee shall be consistent with the Zone 7 Local Facilities Financing Plan."
up1 A(5.U.. As an alternative to Condition 91 A(5), College Boulevard from the'future Cannon Road to El Camino Real should be constructed or guaranteed for construction as follows: (a) Full width grading to major arterial standards. (b) Two 14 foot lanes, one in each direction, and median curbing. (cl Adequate surface and subsurface drainage. improvements to sewe the drainage needs of the road. (d) A fully traffic actuated signal at College Boulevard and El Camino Real, to be constructed as directed by the City Engineer. (e) Any appropriate environmental mitigation."
"91 A(7). Interim improvements to Carlsbad Village Drive adjacent to Village "H" as outlined in the Calavera Hills Master Plan and as shown on the tentative map for Village "Hn, CT 90-19. The City shall'enter into a reimbursement agreement for these facilities to provide reimbursement from the Traffic Impact Fees collected in Local Facilities Management Zone 7."
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6. That the Planned Unit Development (PUD 90-26) for
this project is approved and that the findings and conditions of
the Planning Commission contained in Resolution No. 3519, on file
with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
7. That the Hillside Development Permit (HDP 90-33) for
this project is approved and that the findings and conditions of
the Planning Commission contained in Resolution No. 3520, on file
with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
8. 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:
nNOTICE.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
ffled’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."
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EFFECTIVE DATE: This resolution shall be effective upon
its adoption, except as to the General Plan Amendment, which shall
be effective thirty (30) days following its adoption.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City .of Carlsbad on the 2nd -- day.of NOVEMBER
1993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Nygaard, Finnila
NOES: None
ABSENT: Council Member
ATTEST:
ALETHA L. RAkENKRANZ, City Ctirk
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PUNNING COMMISSION RESOLUTION~NO. 3518
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNLA, FlECOMMENDtNG
APPROVAL OF ATENTATIVE TRACT MAP TO SUBDMDE
AND DEVELOP 73 SINGLE-FAMILY LOTS Oh PROPERTY
GENEWY LOCATED IN THE NORTHEAST QUADRANT OF
THE CITY, EAST OF LEXINGTON CIRCLE AND LANCASTER
ROAD, IN THE CALAVERA HILLS MASTER PLAN IN LOCAL
FACILlTIESMANAGEMENTPL4N ZONE7.
CASENAME: CALAVERAHEIGHTSVILLAGES'W,X, &Y"
CASE NO: CT 90-26
WHEREAS, a verified application for certain property to wit:
Portions of Lots D, E, and J of The Ranch0 Agua Hedionda in
the City of Carlsbad, County of San Diego, State of California,
according to the Map thereof No. 823 on file at the Office of
the Couky Recorder of San Diego County.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEW, said verified application constitutes a request as provided by Title
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of June, 1993
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEW, at said public hearing, upon hearing and considering ail testimony
and arguments, if any, of all persons desiring to be heard, said Co,mrnission 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.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CT 90-26, based on the following findings and
subject to the following conditions:
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Findins:
1. The project is consistent with the City% General Plan and the Wavera Hills Master
Plan since the overall pro& density of 1 d4aa-e is within the RL density range
of 0-1.5 du’s/acre specilied for the site as indicated on the Land Use Element of the
General P& and is at or below the growth control point of 1.
2. The project is consistent with aLl City public facility policies and ordinances since:
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
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.
3. The project is in compliance with the adopted mitigation measures of Final
Environmental Impact Report 90-05 and would not create any additional significant
adverse environmental impacts.
4. The applicant is by condition, required to pay any increase in public facility fee, or
new consmrction 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
creared by the project.
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This project is consistent with the Civs Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 7.
School fees will be paid to ensure the availability of school facilities in the Carlsbad
Unified School District.
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Park-in-lieu fees are required as a condition of approval.
AU 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 facihcies will be available concurrent with need as required by the general plan.
PC PESO NO. 3518 -2-
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The project complies with all requirements of Chapter 20.12 of be Carlsbad
Municipal Code.
The site is physically suitable for the type and, density of the development since he
site is adequate in size and shape to accommodate residential development at the
density proposed. .
The proposed project is compatible with the surrounding future land use since
sun-ounding properties are designated for residential development on the general
plan.
The Tentative Tract Map satisfies zxll requirements of the Title 20 and 21 of the
Carlsbad Municipal Code and the State Subdivision Map Act.
The Tentative Tract Map is consistent with Final EIR 90-05, and recommended
mitigation measures as outlined in the Mitigation Monitoring and Reporting
Program attached to Planning Co mmission dilution No. 3515 as Exhibit “A” dated
June 16, 1993, designed to reduce significant environmental impacts have been
included as conditions of gpproval of this project.
Application of the 1992 State implementation Plan will mitigate cumulative impacts
to Ak Quality to less than !significant
General Planning Conditions:
16. Recommendation of approval is granted for CT 90-26, as shown on Exhibits “A” -
“JJ”, dated June 16, 1993 incorporated by reference and on file in the Planning
Department. Development shall occur substantially as shown unless otherwise
noted in these conditions.
17. This project shall compIy with all conditions and mitigation measures which may
be required as part of the Zone 7 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
18. This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the City Engineer
determines that sewer facilities are available at the time of application for such
sewer permits and wiIl continue to be available until time of occupancy. This note
shall be placed on the final map.
19. This project is also approved under the express conditions that the applicant pay the
public facilities fee adopted by the City Council on July 28, 1987 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
PC RESO NO. 3518 -3-
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adopted to implement a growth management system or facilities and improvement
plan and to fulfill the subdivider’s agreement to pay the public facilities fee dated
June 27, 1990, 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 con&rent with
the General Plan and approval for this project will be void.
Water shall be provided by the Carlsbad Municipal Water District.
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. Lf any such condition is determined to be
invalid, this approval shall be invalid unless the City Council determines that the
project without the conditions complies with all requirements of law.
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 90-26 is granted subject to the certification of EIR 90-05, and
approval of GPA 90-04, MP 150(G), PUD 90-26 8~ HDP 90-33.
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 and approved prior to building, grading, final map,
or improvement plan submittal, whichever occurs first.
A 500’ scale map of the subdivision shall be submitted to the Planning Director prior
to the recordation of the final map. Said map shall show all lots and streets witi
and adjacent to the project.
As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolutior&esolutions 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.
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 Carisbad 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
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PC RESO NO. 3518
Prior to the issuance of the building permit there shall be a Notice of Restriction
placed on the deed to this property subject to the satisfaction of the Planning
Director notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Tentative Tract Map, Planned Development Permit, and
HiIlside Development Permit by ResoIutions No.‘s 3518,3519, and 3520 on the real
property owned by the deck-ant. Said Notice of Restriction shall note the property
description., location of the file containing complete project details and all conditions
of approval as well as any conditions or restrictions specified for inclusion in the
Notice of Restriction. Said Notice of Restriction may be modified or terminated only
with the approval of the Planning Director, Planning Commission or City Council
of the City of Carlsbad whichever has final decision authority for this project.
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use designation for this development is RL. The Growth Control Point for this
designation is one dwelling unit 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 genqal plan and Chapter 21 .go
of the Carlsbad Municipal Code.”
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.
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 establish a homeowneis association and corresponding
covenants, conditions and restrictions. Said CC&R’s shall be submitted to and
approved by the Planning Director prior to final map approval.
The CC&R’s shall include prmisions qxifjkg (1) Homeowner’s hociation
maintenance respmsiibility for all natural open space lots and
&tenance
easements, slope
ea&nents, and offsite manufactured siopes shown on the approved
tentative tract map and landscape plan (CT’ W-26), which is on file in the Pl&ming
Department; and (2) no private development shail be pen&ted within these open
space and slope areas.
Prior to approval of the final map, the applicant shall dedicate Lots 74 - 82 to the
Hommwnerz? &xx&ion as perman& open space. This stipulation shall be
included in the CC&R’s
The applicant shall provide school fees to mitigate conditions of overcrowding as
part of building permit application. These fees shall be based on the fee schedule
in effect at the time of building pen-nit application.
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34.
3.5.
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All roof appurtenances, including air conditio&, shall be architecturally integrated
and concealed from view and sound buffered from adjacent properties and streets,
in substance as provided in Building Departmenr Policy No. 80-6, to the satisfaction
of the Directors of Planning and Building. ’
The developer shall display a current Zoning and Land Use Map in the sales office
at al/ times, or suitable alternative to the satisfaction of the Planning pirector.
The applicant shall submit a wall and fencing plan subject to Planning Dinxtor
approval prior to issuance of building Permits. AU sound attenuation walls shall
provide offsets to provide for landscape screening consistent with the Calavera Hills
Master Plan.
Prior to approval of a !inal map the applimnt shaIl grant to the City of C&bad or
its designee an krevmble Offer of Dedication for tzail access, of a width not less
than 20 feet and located as shown on Exhibit “E”, dated June 16~1993 on file in the
PlanningDepartment
Prior to issuance of building Permits the applid shall submit a color and materials
board to the Planning Dinxtor for approvaL The development shall provide a
variety of roof and wall ~terials and colors.
. Affordable Housing Conditions:
39.
40.
The project shall comet housing units affordable to persons and families of lower
income and comply with all the req uiranmts of the Affordable Housing Plan of the
Cabvera Hills Master PLan.
Prior to final map approval, an Mordablz Housing Agreanent shallberequkdto
be submitted by the applicant to the City, approved by the Planning Director and
Director of Housing and Redevelopment, and completed and recorded as a deed
restriction on those units of the projti which are designated for the location of
low-income affordable units. The Affordable Housing w sixillbebinding
toallfurureowners and successors in interest The Affordable Hoe Agreanent,
for which the inclusionaxy housing requirement WillbeSatisfidthroUghneW
construction of i.ncltionary units, either onsite, ofkite, or through a combined
inclusionary housing project, shall establish, but not be &mired to, the following.
(a) The number of indusionary dwelling units proposed;
(b) The unit siix(s) (square footage) of the inchxsionary units and the number
of bedrooms per indwiionary dwelling units;
(c) ’ The proposed location of Ike inclusionaq units;
(d) Tenure of affordablity for inclusionaxy units (30 years minimum);
(e) Schedule for production of the dwelling units;
(0 Incentives and/or &uxiaI a&stance provided by the Ciry;
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(g) V&exe applicable, terms and conditions establishing ruler and procedures for
qualify+ tenants, setting rental rat=, f?lling vacancies, and operatktg and
maintaining units for alfordable incltionary dwelling units;
(II) Where applicable, term and conditi~~~~ governing the initial sale of for-sale
inclusiormy units; and
’ (3 Standards modikations granted by the City.
Sk-n Conditions:
41. Building identification and/or addresses shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of
identification and/or addresses shall contrast to their background color.
42. Any signs proposed for this development shall at a minimum be designed in
conformance with the Citys Sign Ordinance and shall require review and approval
of the Planning Director prior to installation of such signs.
Landscane Conditions:
43.
44.
45.
46.
47.
48.
49.
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 permits, whichever occurs first.
All bxtrtiping shall c0mpIywit-b the Landscape Requirements of the Calavera EJiIls
Master Plan and the City’s k&cape Guidelines ManuaL
Prior to approval of the landscape and irrigation plans, the plans shall include a
provision for landscaping on all manufactured ofErite slopes created by this project
to the satisfaction of the PIarming Director. At a Ininimlnn the landscaping shall
include erosion control and provide for visual screening of the SlOF.
AU landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash and debris.
The developer shall install stieet trees at the equivalent of N-foot intervals along
all public street frontages in conformance with City of G&bad standards. The
trees shall be of a variety selected from the approved Street Tree List.
AU landscape plans shall be prepared to conform with the Landscape Manual and
submitted per the landscape plan check procedures on file in the Planning
Department.
Landscape plans shall be designed to minimize water u-se. Lawn and other zone I
plants (see Landscape Manual) shall be limited to areas of special visual importzmce
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58.
or high use. Mulches shall be used and irrigation equipment and design shall
promote water conservation.
The developer shall avoid nees that have invasive root systems, produce excessive
liner and/or foo large relative to the lot size.
Prior to final occupancy, a letter from a California licensed landscape architect shall
be submitted fo the Planning Director certifying that all landscaping has been
installed as shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of California.
The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the C&bad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building plans,
improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed confours and
shall match the grading plans in terms of scale and location of improvements.
The minimum shrub size shall be 5 gallons. One (1) gallon shrub sizes may be used
if it is d& to be more beneficial for the long term’sukvability of the piants as
determined by the Planning Director.
The number of trees in the project shall be equal to or greater than the number of
residential units.
20% of the trees in the project shall be 24” box or greater.
Environmental Mitiaation Conditions:
59. Approval of the Calavera HiUs Master Plan Amendment is based on compliance with
the Mitigation Monitoring and Reporting Program, attached to Planning Co&on
Resolution No. 3515 as Ekhibit “A., dated June 16, 1993. Phasing of the master
plan’s develop- and ix&structure as well as the tentative map redesigns will
rxmaecttheenviru nmental impacts and corresponding mitigation contained in the
projecfs EIR (EIR 5Q-05) and Exhibit “A“.
60. Air .oualiw rmpacs - are Initigatai through implementation of the Dneasures
descri- in the Mitigation Monitoring and Reporting Program - Se&on K
61. Circulation impacts - are mitigated th.Jmugh Engineering Condition No. 91 of this
rr5olutiorL
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63.
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66.
Prior to occupancy of individual units, the applicant shall construct noise
attenuation wah consistent with the noise study prepared by Ma Gme
kawiates dated May 21,19W (Rmisd EMmary 1,199~~) and as shown on Exhibit
"GG", dated June 16,1993 on file in the Planning w. The applicant shaIl
prwvide these noise mitigation xrlezua to comply with Planning Department Policy
No. 17. .
Prior to issuance of buiIding permits: (1) interior noise levels shall be mitigated to
45 &A CNEL when open&p to the exterior of the residence are dos-ed; (2)’ if
openings are provided, mechanical vent&&on shall be provided, and; (3) all
useable exterior space above the firxt fioor shall be mitigated to a maximum of 60
di3AcNEL
Aticuhure rmDacts - Access to the agricultural areas to the north of the offsire
College Boulevard alignment shall be provided and shown as part of the approval
of the offsite College Boulevard Lmprovement Plans.
Public Facilities Impacts - are mitigated through Engineering Condition No’s 91
(A)(6) and 102 of this resolution.
Biolonv ImDacts:
Collene Boulevard Ri~arian Mitigation
Impa+ to 0.7 acres of sycamore alluvial woodland created by the offsite extension
of College Boulevard south to Cannon Road will be mitigated through the creation
of wetlands under the review and supervision of the California Department of Fish
and Game, the U.S. Army Corps of Engineers and any other applicable resource
agency. The mitigation plan must be approved by the involved resource agencies
prior to the recordation of final map. Approved g&kg plans for offsite College
Boulevard shall reflect the resource agency review and approval.
Cannon Road Offsite Riparian Mitinadon,
Impacts to the 2.9 acres of riparian habitat (2.0 acres of southern willow
woodland/saub and 0.9 acres of sycamore alluvial woodlands) created by the
alignment of Cannon Road from College Boulevard to El Camino Real will be
mitigated through the creation of wetlands under the review and stipervision of the
California Department of Fish and Game, the U.S. Army Corps of Engineers and any
other applicable resource agency. The mitigation plan must be approved by the
involved resource agencies prior to the recordation of final map. Approved grading
plans for offsite Cannon Road between the College Boulevard intersection and El
Camino Real shall reflect the resource agency review and approval. The Cannon
Road improvements are reflected in Engineering Condition No. 91(A)(5) of this
resolution.
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67.
68.
69.
Carlsbad Village Drive Widening
Mitigation for significant impacts to thread-leaved brodiaea created by a full width
widening of Carlsbad Village Drive will be accomplished by the proposed interim
reduced roadway width of 34 feet. This interim widening will also reduce the
impacts to the 0.7 acres of coastal sage habitat. Through City traffic monitoring,
should standard full width improvements be necessary, subsequent environmental
review shall be performed to assess the impacts to the thread-leaved brodiaea and
coastal sage. The Village “H” tentative map and/or the Carlsbad Village Drive
widening Improvement Plans shall be reviewed and approved, if necessary, by any
applicable resource agencies including the California Department of Fish and Game
and the Fish and Wildlife Service to, assess potential impacts to coastal sage scrub.
The interim reduced width a.lign.ment is referenced in Engineering Condition No. 91
(A)(7) of this resolution.
Archeolonv Impacts - Prior to the ‘issuance of the offsite College Boulevard grading
permit, an archeologist sha.U be retained to supervise the staking and flagging of
archeology site SDI-5416/SDM-W-1292 located near the offsite College Boulevard
alignment. By identifying the site, grading operations can avoid impacting under
the direction of the applicant’s archeologist.
Paleontology - Prior to the issuance of a grading permit for Village ‘W’ and College
Boulevard, the applicant shall demonstrate compliance with the Ciry’s standard
paleontological mitigation progikm.
Hvdrolon Impacts - are mitigated through Engineering Condition No.‘s 85, 90 and
91 (A)(8) of this resolution.
Entieerinn Conditions:
70. Unless a standards variance has been issued, no variance from City Standards is
author-Led by virtue of approval of this tentative map.
71. A variance from street standards is speci6cally approved for portions of Srreet “A”
and Street “D” as shown on the tentative map. A portion of Street “A” is approved
for a rightof-way width of 64 feet instead of the stark-d 60 feet. A pottion of
Street “D” is approved for a right-of-way width of 70 feet instead of the start&d 60
feet
72. The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
73. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell
Telephone, and Cable TV authorities.
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82.
This project is specifically approved as ~p~forthepuqmsesof~~~rding.
If the applicant chooses to construct out of phase, the new phasing must be
reviewed and approved by the City Engineer and Planning Director.
Approval of this tentative tract map shall expire twenty-four (24) months from the
date of City Council approval unless a fkml 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 pursuant to Section
20.12.110(a)(2) CarLrbad Municipal Code.
The applicant shall defend, indemnify and hold harmless the City and its agents,
officers, and employees l?om 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.
lhe applicant shall pay the current local drainage area fee prior to approval of the
fT.nal map for this project or shail constntct drainage systems in conformance with
Master Drainage Plan and City of Carlsbad Standards as required by the City
Engineer.
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.
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 f?nal map
approval, the applicant must submit and receive approval for grading plans in
accordance with City Codes and standards.
No grading shall occur outside the limits of the subdivision uniess a grading or slope
easement is obtained from the owners of the affected properties. tf the applicant
is unable to obtain the grading or slope easement, no grading permit will be issued.
In that case the applicant must either amend the tentative map or change the slope
so grading will not occur outside the project site in a manner which substantially
conforms to the approved tentative map as determined by the City Engineer and
Planning Director.
Prior to approval of the final map or issuance of a grading pennit, whichever occurs
first, the applicant shall submit a comprehensive phased gncling plan subject to
approval of the City Engineer and Planning Director. Lf the phasing plan includes
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83.
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gradinginanotherp~areawithinthemasterplanthe~maporgrading
permit shall not be approved until a tentative map or other required discretionary
permits are approved for that planning area
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 consauction phase of this
projecr to prevent offsire 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 dkiltatio~detention/urban pollutant basin(s) of a
type and a size and at location(s) as approval by the City Engineer. The applicant
shall enter into a basin maintenance am and submit a maintenance bond
sarisfactory to the City Engkeer 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-wearher access/maintenance road. UPon completion of the project all
pennanmt onsite basins shall be maintained in perpetuity by the Master
Homeowners asscxiation.
Additional drainage easements may be required. Drainage structures shall be
protided or installed Pior to rhe issuance of grading or building permit as may be
required by the City Engineer.
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. AlI 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 rededicared.
D&t access rights for all lots abutting College Boulevard and all lots that have
frontage on more than one street shall be waived on the f?n;lJ 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
sufticient 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 Carisbad Municipal Code. This conditional approval is null and void if tide to
said properry is not obtained, unless the City Engineer and Planning Director make
findings of subsrantial conformance without construction of said improvements.
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II
90.
91.
The applicant shall comply with the City’s requirements of the National p0Uutam
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 final 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 fkal
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.
k Prior to the ap+val of t$e first final map for any phase of the proposed
SUbdiViSiOn:
1. Colkge Boulevard hm Street “A-D” to the southern subdivision
boundary sbaU be consbwted or guaranteed for construction to full
major arterial standard
2. College Boulevard fi-om Street “A-D” northerly to Carl&d Village
Drive shall he constructed or guaranteed for construction as follows:
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Full width grading to major arterial standards.
FuU halfstreet improvements along the West’side of the street.
Full median improvanen ts to city standards.
I$ feet of paving on the East side of the median-
All sewer, water, chainage and utility improveInents Detessary
to serve the subdivision and those utilities that would normally
be! located beneath the required street pavements sections.
3. Carl&ad Village Drive to half width plus 12 feet of pavement from
Cokge Boulevard to Tamara ck Avenue including any necessary
transition pavement at the intersecticm and Wil.itie5 required
undfzmeatb the requimd pavement section The City may accept the
guarantees from Visages “Q” and “I” for this section of rwdway as
meeting this condition,
4. College Eloulevard km the suutbern subdivision boundary to the
fimm Cannon kxd shall be corvtructed or guaranteed for
construction as follows:
4 FuU width grading to major arterial standards.
b) TWO 14 foot lanes, one in each direction, and median curbing.
cl Adequate surface and s&surf&e drainage improvements CO
servethedrainagtzneedsofther0ad
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5. Cannon Road from the proposed College Ehdevard to El Camino Real
fouows:
al Full width grading to major arterial standards.
b) Two 14 foot lanes, one in each direction, and ,median curbing.
cl Adequate Surface and subsurface drainage improvements to
servetheneedsoftheroad
4 AfullytraEicactuaredsignalatCann.onbadandElCamino
Ra&tobeconsmlctedasdirectedbyrhecityEngineer.
6. Allreqiredsewermainsandtnmklkshmthephasebou.ndaryto
ElCaminoRealandthentoapointofdisposalalltothesatisfaccion
of the District Engines of the Carlsbad Municipal Water Disa-icr.
7. Interim improvements’ to Car&ad Village Drive adjacent to Vi.Uage
“H”asou~intheCalaveraHillsMasterPlanandasshownonthe
tentative map for Village 31”, CT 90-19.
8. sedimentation and dlaillage channel impro cements adjacent to the
proposed Cannon bad in conformance with the requirements of the
zone 7 LFMP.
9. A fully actuated traffic signal at Col.kgq Boulevard’and S&eet "A-D".
thetiminnfor~signalinstallationshall~asdirectedbytheCity
hgineerwknadequatewanantsaremet
B. For each individual phase the following units shall be constructed:
1. AU onsite street, drainage and utility improvements.
2. Ail ofTkite s&eet, trafiiq drainage and utility improvemfmts necessary
toservethedrculation,utilityanddrainageneedsoftheunitas
determined by the City Ekgheer.
3. &Y -essary temporary turnaroLl.Klds or utility erttiom that may
berequit-edfortbeun.ittostandalone
with the exception of those improv- iisted above all public improvements
outside of the phase or unit boundary which are nfzessqtos4zwethephaseor
unit being recorded shall be constructed to full city s- inc.luding any and all
underground utilities. #
Anotetothisefkctsballbeplacedonanadditionalmapsheetonthefinalmapper
the provisions of Sstio~ns 664342 of the Subdivision Map Art Improvements listed
above shall be consmx~ed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
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Fire Conditions:
92.
93.
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95.
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97.
Additional onsite public water and fire hydrants are required.
Applicant shall submit a site plan to the Fire Department for approval, which depicts
location of required, proposed and existing public water mains and fire hydrants.
The plan should include ofkite fire hydrants within 200 feet of the pmje
An all-weather, unobstxucted access road suitable for emergency Service SW be
provided and maintained during construction. When in the opinion of the Fire
Chief, the access road has become unsenkeable due to inclement weather or other
reasons, he may, in the interest of public safety, require that construction operations
cease until the condition is corrected.
Au required wate!r maim, iire hydrants and appurtenances shah he operational ’
before combustibIe building materials are Iocated on the construction site.
Nativr! vegetation which presents a Ere hazard to structures shall be modiki or
removed in accordance with the @cations contained in the City of Carl&ad
Landscape Guidelines ManuaL Applicant shall submit a Fire Supp&on plan to the
Fire Department for approval
The z~pplicanr shall provide a street map which conforms to the following
reqtients: A 400 scale photo-reduction mylar, depicting propsed improvements
and at least two existiq intexsections or streets. The map shaU ako clearly depict
street cent&es, hydrant locations and street names.
Water District Conditions:
98.
99.
100.
The entire potable and non-potable water, reclaimed water and sewer systems for
subject project shall be evaluated in detail to ensure that adequate capacity and
pressure for domestic, landscaping and fire flow demands are met.
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. The developer
shah pay a San Diego County Water Authority capacity charge which will be
collected at issuance of application for meter installation.
!3.equenMy, the ~eveIop& Enginem shdI do the foJ.Iowing
a
b.
Meet with the City Fire Marshal and establish the fire protection
reqlhmmts.
Prepare a colored r&aimed water use area map and submit to the Planning
Department for procb and approval-
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C. Schedule a meeting with the District Engines for review, commr_nt and
approval of the prehmkuy system hyout usage (G.P.M. - E.D.U.) plan for
potable, reck&n4 and sewer systems prior to the preparation of
iKClprOVtXWIl t pIa&.
101. This project is approved upon the express condition that building permits will not
be issued for development of the subject property uniess the water district serving
the development determines that adequate water service and Seder facilities are
available at the time of application for such warer service and sewer permits will
continue to be available until time of occupancy.
102. The sewer and water systems shall conform to City of Carisbad’s Local Facilitiv
Master Plan Zone No. 7 - the sewer is in watershed “C and water is in Service Area
“B”. There are major offkite improvements required.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Comrnission of the City of Carlsbad, California, heId on the 16th day of June, 1993, by the
following vote, to wit:
AYES: Chairperson Noble; Commissioners: Schlehuber, Becz,
Welshons, Savary & Erwin.
NOES:
ABSENT:
AELSTAIN
None.
Commissioner Hall.
None.
BAILEY NOB& Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
M[CHAEL J. ‘FSfkZMIid.ER
PLANNING’DIRECI-OR
PC RESO NO. 3518 -16-
December 7, 1995
Jeffrey E. Stone Senior Vice President The William Lyon Company 4490 Von Karman Newport Beach, CA 92660
Re: Carlsbad Tract CT 90-26
The Carlsbad City Council, at its meeting of December 5, 1995, adopted Resolution No. 95-338, granting a one year extension of
time for Carlsbad Tract 90-26, Calavera Heights, Villages W, X, and
Y.
As a courtesy, enclosed is a copy of Resolution No. 95-338 for your records.
Assistant Ci%$ Clerk
KRK:ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808