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HomeMy WebLinkAbout2003-10-07; City Council; 17336; Final Map for Calavera Hills Phase II Village X\E# 17,336 dTG. 10/07/03 IEPT. ENG CITY OF CARLSBAD -AGENDA BILL TITLE: FINAL MAP FOR DEPT. HD. CARLSBAD TRACT CT 01-06 CALAVERA HILLS PHASE II CITY ATTY. VILLAGE “X I RECOMMENDED ACTION: Adopt Resolution No. 2003-262 Hills Phase II - Village “X, and authorizing the City Clerk to process the map for recording. approving the final map for Carlsbad Tract 01-06, Calavera ITEM EXPLANATION: Engineering staff has completed checking the final map of Carlsbad Tract CT 01-06, known as Calavera Hills Phase II - Village “X”. This subdivision is within Local Facilities Management Plan (LFMP) Zone 7 and is generally located on the west side of the future College Boulevard between Carlsbad Village Drive and the future Cannon Road, just south of Village Y”, the affordable housing apartments. The 52.49-acre property is being subdivided into 124 lots with uses as follows: 11 5 single-family residential lots, 2 recreation lots, 5 non-buildable-landscaped lots, 1 open space lot, and a public utility lot. The final map conforms substantially with the tentative map as recommended for approval by the Planning Commission on November 6, 2002 pursuant to Planning Commission Resolution No. 5308 and approved by City Council pursuant to City Council Resolution 2002-368 on December 17, 2002. The final map also conforms to the General Plan, all applicable requirements of the Municipal Code, City Standards, and the Growth Management Plan. The applicant, Calavera Hills II, LLC, a California limited liability company, is requesting the recordation of said final map. FISCAL IMPACT: The developer pays a plancheck fee to cover the expense of plan checking and processing the final map for recording. All appropriate fees will be paid if and when building permits are issued for this project. EXHIBITS: 1. Location Map. 2. Resolution No. 2003-262 approving the final map for Carlsbad Tract CT 01-06, Calavera Hills Phase II - Village “X”, and authorizing the City Clerk to process the map for recording. DEPARTMENT CONTACT: Frank Jimeno, (760) 602-2758, fiime@ci.carlsbad.ca.us LOCATION CALAVERA HILLS PROJECT NAME MAP PROJECT EXHIBIT NUMBER 1 Nor ri, SCALE w \ ClTY b ENCINITAS VIL LAG€ "X" lCT0 1-06) I \wN BY: SCOTT EVANS, CARLSBAO ENGINEERING DEPT. 9/19/03 C: \DMLWM€NT PRMClS\CTOl-O6.Offi 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FINAL MAP FOR VILLAGE “X”, AND AUTHORIZING THE CITY CLERK TO PROCESS THE MAP FOR RECORDING. CARLSBAD TRACT CT 01-06, CALAVERA HILLS PHASE II - WHEREAS, Calavera Hills II, LLC, a California limited liability company, as owners, submitted a final map known as Carlsbad Tract CT 01-06 to the City of Carlsbad for approval; and WHEREAS, the tentative map of Carlsbad Tract CT 01-06 with conditions, was recommended for approval by the Planning Commission on November 6, 2002, pursuant to Planning Commission Resolution No. 5308 and approved by City Council pursuant to City Council Resolution 2002-368 on December 17, 2002; and WHEREAS, the Public Works Director has determined that said map substantially conforms to said conditionally approved tentative map; and WHEREAS, the conditions of approval for said final map have been completed or secured; and WHEREAS, the developer has offered public easements for dedication to the City of Carlsbad; and WHEREAS, the final map conforms to the City of Carlsbad General Plan and all requirements of City codes and standards; and WHEREAS, the City Council of the City of Carlsbad determined it to be in the public interest to approve said final map. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That said final map known as Carlsbad Tract CT 01-06, Calavera Hills Phase II - Village “X”, which is on file with the Public Works Director and is incorporated herein by reference, is accepted. 3. 4. That the City accepts the dedications as shown on the final map. That the City Clerk is authorized to cause the original final map to be recorded in the Office of the County Recorder of San Diego County, State of California. Ill Ill 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. That the City Clerk is authorized to release the map to First American Title nsurance Company for recording in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council ield on the 7th day of October , 2003 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Hall, and Packard NOES: None 4TTEST: n Page 2 of 2 of Resolution No. 2003-262 (SEAL) October 7,2003 Carlsbad City Council Carlsbad City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attn: Mayor Lewis, and Councilpersons Ann Kulchin, Ramona Finnila, Matt Hall, and Mark Packard CC: Brian Milich, McMillin Land Development Honorable Mayor and Councilpersons, On behalf of myself and all the canyonside homeowners of Bennington Court in Carlsbad, 92008, and other Crest of Calavera Hills homeowners, it has been called to our attention that no formal agreement has been signed between McMillin Land Development and the City of Carlsbad, and The Crest of Calavera Hills HOA or the Crest of Calavera homeowners nor has there been acknowledgement of any kind regarding liability concerns of potential short to long term damages to our properties and homes due to the development and development-related activities @.e. dumping and grading of fill, landscaping, etc.) of the adjacent property known as Village H. We have recently learned at the October 1,2003 community meeting sponsored by McMillin Land Development at the request of the City of Carlsbad, that the plans for the Site known as Village H are much more extensive than The Crest of Calavera Hills HOA, the Crest of Calavera Hills homeowners, and the community at large were initially led to believe from the information as presented in the “Calavera Hills Master Plan Phase 11, Bridge and Thoroughfare District No.4, & Detention Basins” Environmental Impact Report,” as well as fiom a series of meetings with McMillin representatives, City Planners and City Engineers, etc. In light of the new information and more detailed plans that were presented to us at the above-mentioned October 1,2003 meeting, which includes the dumping and grading of approximately 90,000 cubic yards of fill material and the removal of over one third of the Eucalyptus trees on the Calavera Hills Dog-Walking Trail, and major changes to the Village H Canyon environment that will impact the geology, hydrology, biology, etc. of the adjacent Crest of Calavera Hills HOA property and the properties and structures of the Crest of Calavera Hills homeowners, we are formerly requesting that the Carlsbad City Council postpone indefinitely any and all permits, permissions, or approvals for pursuing development or development-related activities (i. e. dumping and grading of fill, landscaping, etc.) of the Site known as Village H until the potential short and long term impacts and damages (including: drainage and other hydrology-related problems, erosion problems, soil contamination problems, health-related problems due to dust, contamination, etc., foundation problems, cracked or damaged slab problems, loss or diminishment of property values, safety problems to our persons or property due to increased ease of public access to our homes, and any other unforeseen problem(s) related to the fill, grading, landscaping, and or development of the property known as Village H,) to our properties, homes, and structures, can be thoroughly studied and examined, and formally presented to the Crest of Calavera Hills HOA and the Crest of Calavera Hills homeowners by the City of Carlsbad Planning Department, The City of Carlsbad Engineering Department, and McMillin Land Development. We are assuming that if any permits or permissions are granted before the above- mentioned requests have been met, that The City of Carlsbad and McMillin Land Development will assume full responsibility and liability for any and all short to long- term impacts and damages (as listed above) to the Crest of Calavera Hills HOA and the Crest of Calavera Hills homeowners. We thank you all for your service to the City of Carlsbad and for your anticipated cooperation of this matter. Very Sincerely, c 372Wnington court Carlsbad, CA 92008 (760)729-2945 I UC'~4J7-2003 TUE 03 : 24 PH CARLSBAD ENG I NEER I NG FAX NO, 760 602 1052 P, 01 pa /7,33b P7 /u - 7-03 To; Ray Patchett From: Bob Wojcik Regarding: Village H Council Meeting I have attached all of the pages of the minutes from the City Council meeting involving Village H. Earlier today I faxed only page 9 which had the actual motion. On page 7 and 8, there were citizens comments about Village 14. No other pages in the minutes contain comments &om the Council. There will be 85,000 cy of import to Village H. The graded area is 3.5 acres of a total of 66 acres in Village H. Grading may start in 3- 4 weeks and take 3 - 4 months to complete all work. rHK NU, IDU DUL IU3L January IS, 2002 Carlsbacf City Council Meeting r, UL Page 4 ORDINANCES FOR ADOPTION 12. AB #16.518 -AMENDMENT OF ORDINANCE ADJUSTING THE COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL. ACTION: On a motion by Council Member Kubhin, Councll adopted ORDINANCE NO. NS-816, increasing the compensation for the Msyor and Members of fhe City Council. AYES: NOES: None. lewis, Kulchh, Finnila, Nygaard, and Hall. ANNOUNCEMENTS Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming events: Wednesday, January 16,2002 - 1i:OO am. Carlsbad City Council Study Sesslon City of Carlsbad Faraday Center 1635 Faraday Avenue Carlsbad, California Saturday, January 79,2002 - 7:OO p.m. San Diego Marathon Celebration 7054 Leeward Street Carlsbad, California Sunday, January 20,2002 - 730 a.m, San Diego Marathon Plaza Carnino Reel 2526 El Camino Real Carlsbad, California PUBLIC COMMENTS: JJrn Watson, PO Box 1426, talked about excessive in two specific locations in Carlsbad: in the Vilfage and near the Carlsbad Research Industrial Park. Council referred his concerns to staff. PUBLIC ti-EARINGS: 13. AB #16.507 - CAUVERA H&.& S PHASE u1&& TD #4 AND DETENTION BASINS 8J - 00-02. AND BJB: Et R 98-02/GPA 99-03/MP 1SO(H)/CFMP 87-07(AllzC 01-01/CT OO-OZHDP OCT-07-2003 TUE 03 : 24 PM CARLSBAD ENGINEER I NG FAX NO, 760 602 1052 P, 03 January IS, 2002 Cuhbad City Council Meeting Page 5 Eric Munoz, Senior Planner, reviewed a series of overheads (not on file in the City Clerk’s Office) and reviewed the staff report. Davld Hauser, Deputy City Engineer, presented a background on the Bridge and Thoroughfare District #4 and reviewed overheads (not on file in the City Clerk‘s Offlce]. Mr. Hauser also described Reach 3, Reach 4, and Reach 4A of Cannon Road. Mr. Hauser described the roads associated with this project and the estimated time when construction would begin. In response to Council Member Nygaard, Mr. Hauser explained why access to the school off of Cannon Road is more appropriate than taking access to the school off of College Avenue. He also explained that City staff would work with the school offfcials to identify appropriate locations for traffic control. Mr. Hauser said that Rancho Carisbad Mobilehome Park residents had previously expressed concern for excess noise created by the proJed; and, accesslbility to their storage area and community gardens. However, he said the developer had satisfactorily addressed these concerns. Mr. Hauser reviewed the errata sheet dated January 15,2002 (on file in the City Clerk’s Office), which would modify Resolution No. 2002-016, and said that conditions are included in the errata sheet that have been agreed upon between the Rancho Carlsbad Mobilehome Park residents and the developer regarding an enhanced sound wa(l; planting of additional trees; and an option agreement. Mt. Hauser said that other issues addressed in the errata sheet are noise, curnulatlve traffic and findings of fact that support the deferral of Reach 48 (Cannon Road). Mr. Hauser said that Reach 4A (Cannon Road) Will be approved upon the adoption of Resolution No. 2002-016, Mr. Hauser stated that if Reach 4 is not constructed, the City will fail traffic standards at several intersections. Mr. Hauser described the locations of the detention basins and said that flooding will not be eliminated in the Rancho Carlsbad Mobilehome Park until all four detention basins are in place. In response to Council, Mr. Hauser said the Calavera Master Plan does riot include any bridges. Lee Sherwood, representing Regional Environmental Consultants, 1927 Fifth Avlenue, Suite 200, San Diego, reviewed the EIR and the mitigation requirements. He discussed the issues of land use, traffic circulation, biology and noise. Mr. Hauser said at this time there is not a need for a traffic signal at the intersection of Carlsbad Village Drive and Victoria. However, the need will be reviewed when Village H is brought forward for approval. Mr. Hauser noted that the Village H developer will be responsible for the cost of the traffic signal. In response to Council, MP. Hauser discussed the average daily trips on College Avenue and Cannon Road. He said that College Avenue is designed for a 50 mile per hour speed limit. However, prior to the settin of a speed limit, a speed survey is required and the speed would be set within the 85 8 percentile. In response to Council, Mr. Hauser said that Village E-1 has a design element to provide a secondary access. UUI-UI-ZUU~ 'I'UE 03:25 PM CARLSBAD ENGINEERING FAX NO. 760 602 1052 P, 04 January IS, 2002 Carlsbad CIty Council Meeting Page 6 Mayor Lewis opened the duly notice public hearing at 7:26 Pam. and asked if anyone wkhed to speak on this matter in any way. Brian Milich, representing Corky McMillin Companies, 2727 Hoover Avenue, National City, said he was also representing their partner, Brookfield Homes. Mr. Milich spoke in support of their project and said that 60% of the final project will be permanent open space. He noted that they would also provide 35 acres off-site mitigation, per the requirements of the Fish & Wildlife Servlce. Mr. Milich said he is working with staff and the Fish 6 Wildlife Service to identlfy an appropriate site. Mr. Milich said that his firm and the residents of the Rancho Carlsbad Mobile Home Park (RCMHP) have reached an agreement, as previously discussed by staff. In response to staff, Mr. Milich said that they would give notification to patential homebuyers that Palornar Alfport is in close proximity to tt\e project. In response to Council, Mr. Milich explained that the project will not come close to meeting the allowable denslty, He said that the according to the Master Plan, 781 units will be built. In response to Council, Mr. Milich stated that the housing described will follow the livable community standards and the developers will post notice regarding the proximity of the airpoit. RECESS Mayor Lewis declared a recess at 7:45 p.m. Council reconvened at 752 p.m. wiih all Council Members present. PUBIJC HEARINGS: lcontinuea 13. AB #16.507- CALAVERA HILLS PHASE IIIB&TP #4 AN0 DETENTION BASINS €33 AND BJS: EIR 88-02/GPA SS-OS/MP 15O(H)/LFMP 87-07fA)EC 01 al/Cy 00- 02/HDP 00-02. (Continuation of public testimony.) Terry Johnson, Mayor of Oceanside, spoke in support of the project and stated he looks forward to the removal of the barricade at College and Highway 78. . Everett DeLano, 220 West Grand Avenue, Escondido, representing the Oceanside Hills Country Club Homeowners' Association, said they agree with the Planning Comnnission that the barrier on Cannon Road, Reach 48. should be removed from the EIR to allow for further study. Diane Nygaard, 5020 Nighthawk Way, representing Preserve Calaveras, spoke of the importance of preserving the Calaveras Hills Master Plan as open space. Ms. Nygaard said that they support the removal of Cannon Road, Reach 48, from the EIR to allow for further study. Gigi Orlowski, 3729 Bennington Court, expressed concern that the wildlife corridoir is fragmented and does not include under crossings for the animals, She said that the wildlife agencies have been lenient on this project's rnitlgation requirements because of the wildlife agencies' prior commitment. She said this project is destroying vernal pools in Villages U UG I -U I-ZUU~ 'I'Ut: U3 : 25 PM CARLSBAD ENGINEER I NG FAX NO, 760 602 1052 P. 05 Juluary IS, 20M Carlsbad City Council Meeting Page 7 and W. Ms. Orlowski said that southern wildlife corridors in Villages U and W need to be considered. Jeremy Jerome, 3512 Hastings, said that development shoufd not occur In Village H and that the proposed daycare center is incompatible with the surrounding habitat. He said that the property on Village H is currently a dog park and trail, which he felt is an adequate community facilities use. Heather Bost, 7126 Durango Circle, expressed concern that the EIR doesn't adequately address the need for wildlife currldors. She said that animal under crossings are needed. Deb Schmidt, 1948 Willow Ridge Drive, Vista, representing the Sierra Club, expressed concern for the lack of an effective management for open space. She said a consistent monitoring plan with public accountability is needed. She stated that tho habitat and wetlands need protection from the Cannon Road construction. Bill Arnold, representing the Rancho Carlsbad Homeowners Association, 5200 El Camino Real, expressed appreciation for the opportunity to work with the developer and staff. He spoke in support of the project. Russ Kohl, President, Rancho Carlsbad Homeowners Association, 5200 El Camino Real, expressed opposition to Cannon Road, Reach 1, and expressed concern for the bifurcatlon of their property with the eventual development of Cotlege Boulevard. He expressed appreclation for the opportunity to work with the developer and staff regarding their concerns. Sue Lofton, Loftin & Ward, Attorneys at Law, 4330 La Jolla Village Drive, Suite 330, San Diego, legal representative for the Rancho Carlsbad Homeowners Association, spoke in support of the project and the errata sheet. She expressed appreciation to the developer for their commitment and working with the Homeowners Association. A resident of Carlsbad, who fives at the Cape, spoke in support of this agenda item. Jan Sobel, Chief Executive Officer, Carlsbad Chamber of Commerce, 560 Pasea Del Norte, 'said that the Board of Directors supports this project. She stated that the attached housing included in the project is a benefrt to the City. Tony Gullotta, 3744 Cavern Place, expressed concern for the opening of College Boulevard. He said the opening of College Boulevard would create an unsafe situation for children walking to school. He also said that sound wall should be built in Village T. He said that improvements to 1-5 and Hlghway 78 should be completed before the opening of Colbge Boulevard. Mr. Gullotta said that city roads should not be used to reduce traftic on freeways and highways. John Burke, 5246 La Jolla Hermosa Avenue, La Jolla, Natural Resources Progmrn Director for The Environmental Trust, spoke in support of this project and commended staff and the developer for retaining the large amount of open space. FAX NO, 760 602 1052 P, 06 Ianupy IS, 2002 Cadqbad Cify Council Meeting Page 8 Lisa Smith, 586 El Miraso, Vista, representing Barbara Smith, a resident of Rancho Carlsbad Mobilehome Park, expressed appreciation to the developer and staff for their efforts in addressing the Mobilehome Park residents’ concerns, Ms. Smith said she had some concerns regarding the relocation of the amenities to the north, but anticipated the opportunity to continue meeting with the developer to resolve the concerns. Mark Mojado, P.O. Box I, Pala, representlng the San Luis Rey Mission Indians, expressed appreciation to staff for addressing their concerns regarding cultural resources. Denlse Douglas Baird, California lndlan Legal Services, 609 South Escondldo Boulevard, sald she was also representing the San Luis Rey Mission Indians. She thanked staff for drafting a pre-excavation agreement. Ms. Douglas Baird asked that a pre-excavation agreement be required on this project and all future projects in Carlsbad. Tom Flanagan, 3331 Donna Drive, expressed appreciation to staff for their work on this project. He spoke in support of this project and said it will be beneficial to the crommunity. Andrew Chapman, a resident of Hosp Way, sald the dog park in Village H should remain in place. He said the proposed community facility is not needed. Mr. Chapman sald that traffic on Highway 78 and El Camino Real will have a significant impact on this project and should be mitigated. Keith Hendrickson, 3745 Cavern Place, said he concurred with Mr. Gullotta’s comments regarding the safety of the school children and College Boulevard. He also sakl that noise abatement is needed in Phase I of Calavera Hilfs. Mr. Hendrickson asked that the EIR not be approved until the developer receives the permits needed from the wildlife agencies. Seeing no one else wishing to speak, the Mayor closed the public hearing at 8:4? pm. In response to Council, Mt. Hauser said that staff is working the school district to identify safe pathways for chlldren to walk to school. He said this is done on every project. Bob Johnson, Deputy City Engineer, explained where several signalized Intersections would be located on College Boulevard. Mr. Johnson concurred that staff will be working with school officials regarding local traffic circulation in the school zones. When classes begin, sjgnage and striping will have already been done. In addition, staff will be working with the police department and school officials regarding crossing conditions to ensure students.’ safety. In response to Council, MI. Shewood explained efforts to preserve wetlands on this project and he noted that the wildlife agencies have agreed with the proposed mitigation efforts. In response to Council, Mr. Munoz explained that building permits can be pulled for the first phase of the project, if the roadway work is simultaneously being done. He said that 250 homes can be built concurrently with the road. Council Member Kukhin read a portion of correspondence from Bob Rfchards, President, Agua Hedionda Lagoon Foundation, dated January 11,2002 (on file in the City Clerk‘s Ofice), supporting the project. rnn IYU, IOU OUL lU3L r, UI January 15,2002 Carlsbad Cicy Council Meeting Page 9 Mayor Lewis presented a brief history of College Boulevard and Cannon Road. Council Member Nygaard noted that the property in Village H will not be graded and mo changes will occur on the property until it is developed. Council Member Hall noted that thls project includes 60% of open space, which exceeds the city's standards. He spoke in support of the project and said he did not see the need to build a community facility In Wage H. Council Member Hall said that Council should have the final approval of the type of community facility in Village H. Council Member Nygaard concurred. Council Member Nygaard stated that any development of Village "H" should be reviewed by the Council. Council Member Nygaard said she would not support gated corninunities in Calavera Hills. She said she was glad that there would be bus stops and shelters with the project. Council Member Nygaard said this is a quality project and she spoke in support. Council Member Finnilgsaid that community facility is needed in this project and said she could support a day care facility or church in Village H. Mayor Lewis expressed appreciation to staff, the developer and the resident of the Rancho Carlsbad Mobile Home Association for their efforts. Council concurred to direct staff to amend the resolution so that Council would have final approval of the Village H community facility. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO, 2002-016; and that the errata sheet for EIR 98-02 dated January 15,2002 be incorporated into Resolution No. 2002-016; and, that language be included in Resolution No. 2002-016 stating that the City Council shall retain jurisdiction over uses proposed for Village H and shall act as the final decision maker on such uses following a recommendation from the Planning Commission; and, Council introduced ORDINANCE NO. NS-816, amendlng the Calaverd Hills Master Plan to establish wildlife corridors, update the plan to current city standards, and allow for the build-out of Calavera Hills generally located south of the City of Oceanside and west of Lake Calavera; and Council introduced QRPINANCE NO. NS-617, amending Section 21 .OS.030 of the Carlsbad Munlcipal Code by an amendment to the zoning map to grant a zone change, ZC 01-01 from L-C to P-C on property generally located adjacent to the eastern perimeter of the Calavera Hills Master Plan, directly south of Lake Calavera in local Facilities Management Zone 14. AYE$: NQES: None. Lewis, Kulchin, Flnnila, Nygaard, and Hall.