HomeMy WebLinkAbout2002-02-12; City Council; 16542; Thompson/Tabata CT 98-14CITY OF CARLSBAD -AGENDA BILL l3-
RECOMMENDED ACTION:
To adopt Ordinance No. NS-618 and adopt Resolution No. 2002-046, as amended.
ITEM EXPLANATION:
On February 5, 2002, the City Council conducted a public hearing, considered the staff
report, the recommendation of the Planning Commission, and heard and considered
evidence from all persons interested in this matter. After due deliberation, the Council
approved the development of the Thompsonflabata property and referred the matter to the
City Attorney to return with documents memorializing that approval, with the following
additional conditions summarized as follows:
That the proposed Alyssum Road within the project shall terminate east of the project
boundary and not connect to the existing Alyssum Road within the Vista Pacifica
subdivision.
The proposed improvements for Street “B” shall be modified to include a median that
precludes left turning movements.
The developer shall design and agree to install bus stop and bus shelter
improvements on the north and south sides of Poinsettia Lane within the project
boundary.
The proposed Street “C” shall be realigned to intersect with “A Street and not “B
Street.
That document is attached. The Council should satisfy itself that it accurately represents its
intent in this matter.
ENVIRONMENTAL REVIEW:
The potential environmental impacts of the Thompson/Tabata subdivision, as designed and
conditioned, were reviewed and a Mitigated Negative Declaration was issued on April 4,
2001. The Mitigated Negative Declaration includes mitigations in the areas of Land Use,
Housing, Geology, Water, Air Quality, Circulation, Biological Resources, Hazards, Noise and
Paleontological Resources. Given these measures, development and occupation of the
proposed project would not cause any significant adverse environmental impacts.
The findings of no significant impact are supported by a number of previous environmental
review documents as well as site-specific studies. The previous environmental reviews
include the Master Environmental Impact Report for the 1994 General Plan Update (MEIR
93-01) and the program EIR for the Zone 20 Specific Plan (EIR 90-03). The site-specific
studies are listed in the Planning Commission Staff Report and the Mitigated Negative
Declaration.
Page 2
Agenda Bill No. 16, e&
In response to the 30-day public review period, the City received four comment letters
regarding the Mitigated Negative Declaration. These letters, attached to the Planning
Commission Staff Report, were prepared by neighboring residents or their representatives.
Staff responses to those comment letters are also attached to the Planning Commission
Staff Report. No comments on the Mitigated Negative Declaration were received from any
State agencies.
FISCAL IMPACT:
The fiscal impacts to the City are negligible since all development fees will be collected at
time of final map and building permit issuance. All public facilities necessary to serve the
development will be in place prior to, or concurrent with, development.
EXHIBITS:
1. Ordinance No. NS-618
2. Resolution No. 2002-046
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ORDINANCE NO. NS-618
AN ORDINANCE OF THE CITY COU,NCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
ZONING MAP TO GRANT A ZONE CHANGE, ZC 98-08, FROM
CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE
LIMITED CONTROL (L-C) TO ONE FAMILY RESIDENTIAL WITH
A QUALIFIED DEVELOPMENT OVERLAY ZONE (R-1-7,500-Q)
WITH A QUALIFIED DEVELOPMENT OVERLAY ZONE (RD-M-
FOR 40.41 ACRES, AND RESIDENTIAL DENSITY-MULTIPLE
Q) FOR 37.62 ACRES, GENERALLY LOCATED NORTH AND
SOUTH OF POlNSElTlA LANE, BETWEEN AVIARA PARKWAY
AND SNAPDRAGON DRIVE IN THE SOUTHWEST QUADRANT.
CASE NAME: THOMPSONITABATA
CASE NO.: ZC 98-08lLCPA 98-04
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That Section 21.05.030 of the Carlsbad Municipal Code is
amended by the amendment of the zoning map as shown on the map attached hereto, Exhibits
"ZC 98-08 and 'LCPA 98-04", and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as
set forth in Planning Commission Resolutions No. 5071 and 5072constitute the findings and
conditions of the City Council.
SECTION 111: The Council further finds that this action is consistent with the
General Plan and the Housing Element of the General Plan in that it is consistent with the
residential land use and affordable housing goals and objectives.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the City's Coastal Zone until approved by the California Coastal Commission.)
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 5th day of FEBRUARY 2002, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 12th day of FEBRUARY 2002, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila. Hall
NOES: None
ABSENT: Council Member Nygaard
ABSTAIN: None
ATTEST:
RAINE M. WOOD, Ci& Clerk
(SEAL)
-2-
PROPERTY ZONE CHANGE
Project Name: Thompson/Tabata I Related Case File No(s): LCPA 98-
04/CT 98-14iPUD 98-05. CP 00-02. I SDP 99-06, HDP 98-15, and CDP98-68
" ~ .~ -~ .. ... -~ ..
The northeast quarter of the northeast quarter and the southeast quarter of the northeast quarter of Section Legal Description(s):
28, Township 12 South, Range 4 West, San Bernardino Meridian, according to the official plat thereof; together with that portion of the southeast quarter of Section 21, Township 12 South, Range 4 West of the
Compliance recorded November 7,1988 as File No. 88-569475 and on Record of Survey Map No. 12096,
San Bernardino Meridian, according to the official plat thereof, shown on Parcel B on a Certificate of
therefrom those portions thereof vested with Tabata Brothers Partnership by documents recorded November filed on March 23, 1989; all lying within the City of Carlsbad, County of San Diego, State of California; except
13, 1972 as File No. 303362 and November 4, 1974 as Files No. 74-292547 and 74-292548; and except therefrom those portions lying within Poinsettia Lane and Rose Drive as described in Files No. 89-546752,
89-63769590-146889 and 91-0036964 of Official Records
Zone Change I Approvals
Properly: I From: I To: I Council Approval Date:
A. 214-170-36 I L-c 1 R-l-7,500-Q and RD-M-Q I Ordinance No:
B. 214-170-46
C. 214-170-58
Effective Date: R-1-7,500-Q L-c
L-c D. 214-170-59
L-c RD-M-Q '
RD-M-Q
Signature:
SEE ATTACHED FOR MORE PARCELS
Properly: E. 214-170-74 F. 21 4-1 70-75 L-c
G. 2t4-170-76 L-C L-c
H. 214-170-77
I. 214-170-79 L-c L-c
From: To:
RD-M-Q
R-1-7,500-Q
R-?-7,500-Q
R-1-7,500-0 AND RD-M-Q
RD-M-Q
LOCAL COASTAL PROGRAM LCPA: 98-04
dratt final c]
Project Name: Thompsonmabata
northeast quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Meridian, according to the
Property/Legal Description(s): The northeast quarter of the northeast quarter and the southeast quarter of the
official plat thereof; together with that portion of the southeast quarter of Section 21, Township 12 South, Range 4
West of the San Bernardino Meridian, according to the official plat thereof, shown on Parcel B on a Certificate of Compliance recorded November 7,1988 as File No. 88-569475 and on Record of Survey Map No. 12096, filed on
March 23, 1989; all lying within the City of Carlsbad, County of San Diego, State of California; except therefrom those portions thereof vested with Tabata Brothers Partnership by documents recorded November 13, 1972 as File
No. 303362 and November 4, 1974 as Files No. 74-292547 and 74-292548; and except therefrom those portions
0036964 of Official Records
lying within Poinsettia Lane and Rose Drive as described in Files No. 89-546752, 89-637695, 90-146889 and 91-
Property 1 From: I To: I Council Approval Date:
~~~~ ~~~ ~ I Related Case File No(s): ZC 98-06,
LCPA Map Designation Change I Approvals
A. 214-170-36
6.214-170-46
L-c
L-c
R-1-7.500-Q and RD-M-Q
R-1-7,500-Q
Resolution No:
un.M.n I .c RD-M-Q L-c C. 214-170-58
Effective Date:
n m A-I 7n.m Signature: -. - .- . . - "
SEE ArtACHED FOR MORE PARCELS
, " , . .I . . . - I
H\WORD\GPAZC\LCPA9804 b
Propetty: E. 214-170-74
From:
L-c
To:
R-1-7,500-Q
F. 214-170-75 L-c RD-M-Q
G. Zt4-?70-76
H. 21 4-1 70-77
1-C L-c R-1-7,500-Q and RD-M-Q
R-1-7,500-Q
I. 21 4-1 70-79 L-c RD-M-Q
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RESOLUTION NO.. 2002-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION, MITIGATION MONITORING REPORTING
PROGRAM, ZONE CHANGE, LOCAL COASTAL PROGRAM
AMENDMENT, TENTATIVE TRACT MAP, PLANNED UNIT
DEVELOPMENT PERMIT, CONDOMINIUM PERMIT, SITE
DEVELOPMENT PLAN, HILLSIDE DEVELOPMENT PERMIT, AND
COASTAL DEVELOPMENT PERMIT FOR THE
THOMPSONnABATA SUBDIVISION, LOCATED NORTH AND
SOUTH OF POINSETTIA LANE, BETWEEN AVIARA PARKWAY
AND SNAPDRAGON DRIVE, IN THE SOUTHWEST QUADRANT.
CASE NAME: THOMPSONnABATA
CASE NO: ZC 98-08/LCPA 98-04/CT 98-14/PUD 98-05/
CP 00-02/SDP 99-06/HDP 98-15/CDP 98-68
WHEREAS, pursuant to the provisions of the Municipal Code, the
Planning Commission did, on November 5, 2001 and December 5, 2001, hold duly
noticed public hearings as prescribed by law to consider a Zone Change, Local Coastal
Program Amendment, Tentative Tract Map, Planned Unit Development Permit,
Condominium Permit, Site Development Plan, Hillside Development Permit, and
Coastal Development Permit; and
WHEREAS, the City Council of the City of Carlsbad, on the 5m day of
February, 2002, held a duly noticed public hearing to consider said Zone Change, Local
Coastal Program Amendment, Tentative Tract Map, Planned Unit Development Permit,
Condominium Permit, Site Development Plan, Hillside Development Permit, and
Coastal Development Permit and at that time received recommendations, objections,
protests, comments of all persons interested in or opposed to ZC 98-08/LCPA 98-
04/CT 98-141PUD 98-05/CP 00-02/SDP 99-06/HDP 98-15/CDP 98-68; and
WHEREAS, the City Council also favorably received the Planning
Commission recommendation to strongly encourage that the trail system be voluntarily
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worked out with the developer and those involved with the connection of the trail system
and this issue be considered by the Coastal Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council adopts the findings and conditions of the
Planning Commission as set forth in Planning Commission Resolutions No. 5070, 5071,
5072, 5073, 5074, 5075, 5076, 5077 and 5078. on tile with the City Clerk and made a
part hereof, are the findings and conditions of the City Council except as expressly
modified herein:
A. That the application for a Zone Change from Limited Control
(L-C) to One Family Residential and Residential Density-Multiple, both with a Qualified
Development Overlay Zone (R-1-7.50042 and RD-M-Q) on property generally located
north and south of Poinsettia Lane, between Aviara Parkway and Snapdragon Drive, is
approved as shown in Planning Commission Resolution No. 5071.
B. That the application for a Local Coastal Program
Amendment from Limited Control (L-C) to One Family Residential and Residential
Density-Multiple, both with a Qualified Development Overlay Zone (R-1-7,500-Q and
RD-M-Q) on property generally located north and south of Poinsettia Lane, between
Aviara Parkway and Snapdragon Drive, is approved as shown in Planning Commission
Resolution No. 5072.
C. That the application for a Tentative Tract Map to allow the
subdivision of 82.20 acres into 108 standard single family lots, 130 small-lot single
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family lots, a condominium lot with 24 multifamily units, three recreation lots, two open
space lots, and a recreational vehicle storage lot, on property generally located north
and south of Poinsettia Lane between Aviara Parkway and Snapdragon Drive, is
approved as shown in Planning Commission Resolution No. 5073, except as amended
by the following:
a. The proposed Alyssum Road within the project, as shown
on Exhibit "G", dated November 7, 2001, shall terminate east of the project boundary
and not connect to the existing Alyssum Road within the Vista Pacifica subdivision. The
two roadways will terminate with cul-de-sac road designs that allow for pedestrian and
emergency vehicle access but not public vehicular access, as well as access to Lots 8
and 9 of Carlsbad' Tract No. 83-2, Unit 1, to the satisfaction of the Planning Director and
City Engineer.
b. The proposed improvements for Street "B", as shown on
Exhibit "H", dated November 7, 2001, shall be modified to include a median that
precludes left turning movements from Street "H" onto Street "B", to the satisfaction of
the Planning Director and City Engineer.
c. Prior 'to approval of final map or grading permit,
whichever occurs first, the developer shall design and agree to install upon reasonable
notice, bus stop and bus shelter improvements on the north and south sides of
Poinsettia Lane within the project boundary. This agreement shall be secured by
adequate security as provided by law in an amount satisfactory to the City Engineer and
shall be approved as to form by the City Attorney.
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d. The proposed Street "C" as shown on Exhibit "G"
shall be realigned (flipped) to intersect with "A Street and not with "8" Street. The
realignment shall include a CUI de sac and utility easement short of the present
connection with "B" Street. The realignment.shal1 be approved by the Planning Director
and the City Engineer.
D. That the application for a Planned Unit Development Permit to
allow the development of 130 small lot single family lots with units, two passive
recreation lots and two open space lots on property generally located north and south
of Poinsettia Lane, between Aviara Parkway and Snapdragon Drive, is approved as
shown in Planning Commission Resolution No. 5074.
E. That the application for a Condominium Permit to allow the
development of 24 multifamily condominiums on property generally located north and
south of Poinsettia Lane, between Aviara Parkway and Snapdragon Drive, is approved
as shown in Planning Commission Resolution No. 5075.
F. That the application for a Site Development Plan to allow the
subdivision, grading and construction of 82.20 acres, creating 238 single family lots with
dwellings, two open space lots, three recreation lots, a recreational vehicle storage lot,
and a 24 unit, for-sale condominium project affordable to lower-income households on
property generally located north and south of Poinsettia Lane, between Aviara Parkway
and Snapdragon Drive, is approved as shown in Planning Commission Resolution No.
5076.
G. That the application for a Hillside Development Permit to allow the
grading and construction of 82.20 acres, creating 238 single family lots with dwellings,
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two open space lots, three recreation lots, one recreational vehicle storage lot, and a 24
unit, for-sale multifamily condominium project affordable to lower-income households
on property generally located north and south of Poinsettia Lane, between Aviara
Parkway and Snapdragon Drive, is approved as shown in Planning Commission
Resolution No. 5077.
H. That the application for a Coastal Development Permit grading and
construction of 82.20 acres, creating 238 single family lots with dwellings, two open
space lots, three recreation lots, one recreationat vehicle storage lots, and a 24 unit,
for-sale multifamily condominium project affordable to lower-income households on
property generally located north and south of Poinsettia Lane, between Aviara Parkway
and Snapdragon Drive, is approved as shown in Planning Commission Resolution No.
5078.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 12th day of February, 2002 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Hall
NOES: None
ABSENT: Council Member Nygaard
CLAUDE A. LEWIS, Mayor
JANICE BREITENFELD, Deputy City Clerk
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