HomeMy WebLinkAbout2002-02-19; City Council; 16559; Summarily Vacating Streets in Tiburon Unit 4CITY OF CARLSBAD -AGENDA BILL -1
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ATG. 2/19/2002 AVENIDA ARAGON, SIT10 TOLEDO AND SIT10 ANDALUCIA, IN CITY ATN
SUMMARILY VACATING AVENIDA SECRETO,
)EPT. ENG I TIBURON UNIT 4 CT 90-03, STV 01-03
RECOMMENDED ACTION:
Adopt Resolution No. 2002-OSS to summarily vacate Avenida Secreto, Avenida Aragon, Sitio
Toledo, and Sitio Andalucia In Tiburon Unit 4, CT 90-03.
ITEM EXPLANATION:
On May 30, 2001, an application was filed with the City requesting the vacation of Avenida Secreto,
Avenida Aragon, Sitio Toledo, and Sitio Andalucia. These streets are part of the development
project for Shelley Property, known as Tiburon Unit 4, CT 90-03.
Although the original Shelley Development was approved with public streets, on November 7, 2001
Planning Commission approved PUD 90-04(6) to be a gated community with private streets (refer
to Exhibit 2). As part of the conditions of PUD 90-04(B), the developer is required to complete this
street vacation process in order to develop a private street system.
Since these roads have not yet been constructed nor used by the general public, staff determined
this proposed street vacation meets the requirements of the summary vacation procedure pursuant
to the California Streets and Highways Code.
Avenida Secreto, Avenida Aragon, Sitio Toledo, and Sitio Andalucia are all designated as local
streets. The general width of the right-of-way is 60-feet, but Avenida Aragon widens near the project
entrance as it intersects Rancho Santa Fe Road. As proposed, the street vacation will have no
effect on the ultimate curb-to-curb width of the proposed streets. The requested vacation does not
impact traffic circulation and does not change street parking availability.
Since public utilities (sewer, water, storm drain, etc.) will be installed within the private road system,
a resetvation of an easement for general utility and access purposes is incorporated into the
attached resolution (Exhibit 3).
FISCAL IMPACT:
Approval of this street vacation will result in approximately 223,593 square feet (5.1 acres) of land to
be returned to the tax rolls and reduce annual street maintenance costs to the City.
EXHIBITS:
1. Location Map.
2. Copy of Planning Commission Resolution 5063 approving PUD 90-04(B) on November 7,
2001,
3. Resolution No. d~2-6~5summarily vacating Avenida Secreto, Avenida Aragon, Sitio
Toledo, and Sitio Andalucia in Tiburon Unit 4, CT 90-03, STV 01-03,
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LOCATION MAP
N 0 TO SCALE
PROJECT NAME EXHIBIT PROJECT
SHELLY PROPERTY UNIT 4 NUMBER CT90-03 I
iUi BY. SCOTT EVANS, CARLSRM ENONECRINC KPT. 2/5/01 C: \KKLBUENT PR(MCTS\CT90-03-4.Dffi
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PLANNING COMMISSION RESOLUTION NO. 5063
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALJFORNXA, APPROVING A MINOR
AMENDMENT TO PLANNED UNIT DEVELOPMENT PERMIT
PUD 90-04, TO ALLOW FRONT YARD SETBACKS OF 10 TO 20
FEET WITH A 15 FOOT AVERAGE PURSUANT TO SECTION
21.45.090 OF THE PLANNED DEVELOPMENT ORDINANCE
AND TO ALLOW FOR A STREET VACATION TO CHANGE
THE STREETS FROM PUBLIC STREETS TO PRIVATE GATED
STREETS FOR 63 SINGLEFAMILY RESIDENTIAL. UNITS ON
PROPERTY GENERALLY LOCATED EAST OF RANCHO
SANTA FE ROAD AND NORTH OF CALLE ACERVO IN
LOCAL FACILITIES MANAGEMENT ZONE 11
CASENAME: TIBURON
CASE NO. .. PUD 90-04m
WHEREAS, Continental Residential, Inr, “owner” and “Developer,” haa filed
a verified application with the City of Carlsbad regarding propaty described as:
Lota 182 through 255 of Carlsbad Tract No. 9&3, in the Ctty of
Carlsbad, County of SUI Diego, State of California, aeeordlog
to map thereof No. 14196, flled in the OfEce of the County
Recorder of San Diego County, April 23,1001.
CUI0 pmPdf?; and WHEREAS. said verified application constitutes a request for a Phed Unil
Development Amendment as shown on Exhibit(s) “A” - “U” dated October 17,2001, on file
in the Planning Dqdment, TIBURON - PUD 9&04(B) as provided by Chapter 21.45D1.47 01
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of October, 2001
and the 7th day of November, 2001 hold a duly noticed public hearing as pmmi by law to
consider said request; and
WHEREAS, at said public hearin& upon hearing and considering all tsstimony
and arguments, if any, of persons desiring to be heard, said Commission considaed all factors
relating to the Planned Unit Development Permit Amendment.
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WHEREAS, on December 15,1998, the City Conndl approved PUD 90.04, a!
described and conditioned in Pu Commission Resolution No. 4352.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninl
Commission of the City of Carlsbad as bllows:
A) That the foregoing recitations are true and corn
B) That based on the evidence presented at the public hearing, the Cammiseioa
APPROVES TIBURON - PUD 90.04@), based on the following findings and
subject to the hllowing conditions:
1.
2.
3.
4.
All findings set forth in Planning Commission Resolution No. 4352 for PUD 90.04 apply equally to this amended project, and arc incorporated by this rehence.
That the approval of this amendment to PUD 90-04 will not adversely affect and will
be consistent with the Municipal Code, the General Plan, applicable specific plans,
master plans, and all adopted plans of the City and other governmental agencies, in tha!
the proposed Planned Unit Development Amendment meets all of the development standarb set forth in Chapter 21.45.090, the design criteria set forth in Seetioa
21.45.080, and has been designed in accordance with the concepts contained in the
Design Gnidetlnes Manual.
The proposed amendment qualifies as, and is hereby found to be, a Minor Phned
Development Amendment because:
A. The amendment doer not involve a change to the densitrcr or bonndaries of
the subject property;
B. The amendment does not involve changes greater than ten pereent in
approved yards, eoverage, helght, open space or landscaping;
C. The building architecture is eonslrtent with snmnnding developmenC
D. The amendment doen not involve an addition of a new use or group of user not shown on the original permlt, or the rearrangement of nler within the development lo that the minor amendment consista on& of review of reduced front yard setbacks and the establishment of private streets versus public
streets a8 allowed by the Planned Development Ordinance.
lht the proposed project’s design and density of the developed portion of the ab is
compatible with smunding development and does not create a dislumxmious or disruptive element to the neighborhood, in that the project bas been designed to be of
slmllar size and design to other residential development in the area.
PC RES0 NO. 5063 -2-
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5. That the project's circulation system is designed to be efficient and well integrated witl
the project and does not dominate the project in that the proJect wilt have a typica
residential stnet scene for a single-famiiy neighborhood.
6. That the nece8881y Street Vacation applications have been filed with the City Engineer tc
change the streets fium public streets to private gated stnets as proposed by thir
amendment to PUD 90-04 and that private gated streeta are rabject to approval 01
the street vacation application by the Carlabad Ci Council
conditiom:
Note: unless otherwise specified herein, all dtim shall be satisfied prior to Bullding
1.
2.
3.
4.
5.
6.
Permit.
If any of the following conditions fail to occu; or if they arc, by their term, to be implemented and maintained over time, if any of such conditions fail to be sc implemented and maintained according to their terms, the City shall have the right tc
revoke or modify all appmvals herein grand, deny or further condition issuauce of all
future building pamits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seck damages for their violation. No
vested rights are gained by Developer or a successor in intereat by the City's approval ol
this Pluned Unit Development Amendment.
Staff is authorized and directed to make, or require the Developer to make, all condo
and modifications to the Planned Unit Development Amendment documents, as
necessary to make them internally consistent and in conformity with the !id action on
the project. Development shall occur substantially as shown on the approved Exhiiits.
Any proposed development Werent hm this approval, shall require an amendment to
ns
this approval.
Approval is granted for Tibaron PUD 9&04(B) as shown on Exhiiits yA" "W', dated
October 17, 2001, on file in the Planning Department and incorporated herein by
refnence. Development shall occur substautially as shown dcss otherwise noted in
these conditions.
The Developer shall comply with all applicable provisicms of fed& state, and local
laws and regulations in effect at the time of building panit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any few 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
66020. 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.
The Developa/Operator shall and does hereby agree to indemnify. protect, defend and
hold haunless the City of Carlsbad, its Council members, officers. employees, agents, and
representatives, hm and against any and all liabilities, losses, damages, demands, claims
PC RES0 NO. 5063 -3.
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7.
8.
9.
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11.
12.
and costs, including court costs and attomcy’s fees incd by the City arising, diractlJi
or indirectly, fium (a) City’s approval and issuance of this Planned Unit Devdopmeni
Amendment, @) City’s approval or issuance of any pamit or action, whetha
discretionary or non-discrctionary, in oonnection with the we contemplated herein, and
(c) Developer/Operator’s &tallation and operation of the facility pennitted hereby:
including without limitation, any and all liabilities arising fbm the emission by the
facility of electromagnetic fields or other energy waves or emissions.
This project shall comply with all conditions and mitigation measures which arc requid
as part of EIR 90-06 for the Shelley Tract Map (CT 903) approved by City Council on
December 15, 1998 and the Zone 11 Local Facilities Management Plan and any
amenbenb made to that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and mer services to the project provides written certification to the City that
adequate water aervioe end sewer facilitiw, rtspcctively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Prior to the bsnance of building ped for the production homes, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recotda.
subject to the satisfaction of the Plnnning Director, notifying all interested parties and
successo~~ in interest that the City of Carlsbad bas issued a Planned Unit Developmeat
by Resolution No. 5063 on the real property owned by the Developer. Said Notice of
Restriction shall note the property description, location of the file containing complete
project MIS and all conditions of approval an well as any conditions or rcstrictiohe
specified for inclusion in the Noti% of Restriction. The Planning Director has the
authority to execute and record an amendment to the notice which modifies or terminates
said notice upon a showing of good cause by the Developer or successor in intaset.
Private streets within thfs Slte Development Plan are subject to approval of a street vacation (SVT 01-03) by the Carlsbsd City Council Developer shall prepare,
proccss, amd receive approval of a street vacation before the internal streeb
(Avenida Aragon, Avenida Secreto, Sltio Toledo, and Sitio Andaluei.) are
considered “Private“ Streets. This shpet vacation mnst be completed prior to
transfer of ownership of any of the homer and must include a reservation of public
aEEcIs and general pnbllc utility easements.
Approval of PUD 90-04@) is granted subject to the approval of SDP 01-07 and V 01-
05. PUD 9044(B) is subject to all conditions contained in Plannlng Commkrion
Resolution No. 5062 for SDP 01-07 PIannfng Commlsslon Rerolntion No. 5098 for V
01-05.
Planning Codaston Resolntion No. 4352 (PUD 90-04) b superseded by Planning
Commission Resohtions No. 5061 for PUD 9W(A) and 5063 for PUD 90-W).
PC RES0 NO. 5063 -4-
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I NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively rcfd to for convenience 88 “fees/exactions.”
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You have 90 days hm date of final approval to protest imposition of these fdcxactions. I1
you protest them, you must follow the protest procedure set forth in Govcmment Code Section
6602qa). and file the protest and any other information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You m hereby FURTHER NOTIFIED that your right to protest the specified Wdm
DOES NOT AF’PLY to water and sewer COMCCtiOn fees and capacity charges. nor plarming, zonin& grading or other similar application processing or service few in ccnmection with this
project; NOR DOES IT APPLY to any fCeS/eXaCtiOM of which you have pxwiously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
arpircd
I PASSED, APPROVED AND ADOPTED at a regular mading of the plarming
I Commission of the City of Carlsbad, California, held on the 7th day of November 2001, by the
, following vote, to wit:
AYES: chairperson Segall, commissioncm Compas. Hcincmau, ad
Trigae
I NOES: Commissioners Dominguez and Nielscn
ABSENT: CammissionerBaker
ABSTAIN:
Planning Director
I PC RES0 NO. 5063 -5-
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SW DIEGO COUNTY RECDRDER'S OFFICE rnICI# RECORDS
FaGOKY J. SMITH, GNNlY RECORDER FEES: 0.00
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Resolution No. 2002-055
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RESOLUTION NO. 2002-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SECRETO, AVENIDA ARAGON, SlTlO TOLEDO AND SlTlO
CARLSBAD, CALIFORNIA, SUMMARILY VACATING AVENIDA
ANDALUCIA IN TIBURON UNIT 4, CT 90-03, STV 01-03
WHEREAS, a request has been made to vacate Avenida Secreto, Avenida Aragon, Sitio
oledo, and Sitio Andalucia in Tiburon Unit 4, CT 90-03; and
WHEREAS, Avenida Secreto, Avenida Aragon. Sitio Toledo, and Sitio Andalucia are
esignated as local streets that serve only the development known as Tiburon Unit 4; and
WHEREAS, the vacation of this right-of-way will result in approximately 223,593 square
set of land being returned to the tax rolls; and
WHEREAS, a reservation of an easement for general utility and access purposes is
:served over all the streets being vacated; and
WHEREAS, the right-of-way does not provide usable access to adjoining properties; and
WHEREAS, the proposed vacation is~of a minor nature and is consistent with the General
'Ian of the City,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
:arkbad, California, as follows:
1. That the above recitations are true and correct.
2. That pursuant to Chapter 4, Part 3, Division 9 of the California Streets and
lighways Code, said right-of-way more particularly described in Exhibit A, and shown for the sake
f clarity in Exhibit B, be summarily vacated.
3. That an easement for general utility and access purposes over all these streets
escribed in Exhibit A is reserved and excepted from the vacation.
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4. The City Clerk is directed to record this resolution, the attached legal description
and plat in the office of the County Recorder of San Diego County.
5. From the date the resolution is recorded in, the County Recorder’s office, the area
tacated no longer constitutes a public street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad city Council
reld on the 19th day Of FEBRUARY , 2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
{TTESTfl
(SEAL)
‘.
EXHIBIT “A”
LEGAL DESCRIPTION OF STREET VACATION
Being all the easement for public street and public utility purposes: Avenida Secreto,
Avenida Aragon, Sitio Toledo, and Sitio Andalucia as dedicated on Map No. 14196
recorded April 25, 2001 as File No. 2001-0257026 recorded in the office of the County
Recorder of San Diego County, in the City of Carlsbad, County of San Diego, State of
California.
Including the easement for public street and public utility purposes as dedicated per
document 02-0036492, recorded January 15,2002.
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EXHIBIT "B"
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Isabelle Paulsen, Deputy Clerk of the City of Carlsbad, County of San
Diego, State of California, hereby certify that I have compared the foregoing copy
with the original Resolution No. 2002-055 now on file in the Office of the City
Clerk: that the same contains a full, true and correct transcript therefrom and of
the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 26th day of
Februaw. 2002.
- ISABELLE PAULSEN
DEPUTY CLERK
(SEAL)