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HomeMy WebLinkAboutCT 83-04; Windsong Shores; Tentative Map (CT) (7)THE FOLLOWING DOCUMENTS ARE EXCERPTS FROM CITY of CARLSBAD RECORDS PERTAINING TO THE THREE PHASES OF THE WINDSONG COVE DEVELOPMENT City of Carlsbad 24 June 1988 - MEMO DATE: June 24, 1988 TO: RAY PATCHETT, CITY MANAGER FROM: Marty Orenyak, Community Development__Director SUBJECT: ACCESS TO WINDSONG SHORES, CT 83-4/CP-227 ' Windsong Shores, a 130 unit condominium project, was approved by the City Council in November 1983. It was the last phase of a project that was originally known as Papagayo. The original Papagayo project had been renamed and divided into two major parts, Windsong Cove, which is existing at the present time, and Windsong Shores, which has an approved final map. see the attached location map. When the Windsong Shores project was approved, only a small portion of Windsong Cove was built. At that time the Windsong Shores was conditioned to gain access through the Windsong Cove project. See conditions numbers 3 g" and 3 <F of Planning Commission Resolution No. 2186, attached. When these conditions were placed on this project, it was envisioned that the Windsong Shores project would be developed concurrently with or shortly after the unbuilt portions of Windsong Cove. access conditj.o|i^ were plaqje<d on the, project in an attempt reduce construction impacts of "'this project on the surroufiffffig single family neighborhood. As shown by the location map, most of the surrounding neighborhood consists of single family homes. <Many of the people living in this area were longiy.mjg^ga^ifejll1 '^residents who were concerned about impacts on their "n<fj^hbor hood Jrom the propose^'"' ;p8*6'3'ect, especially construction traffic '^impacts. When this project was approved, the few existing resident* of Windsong Shores did not express any concerns about this project gaining access through their project. During the intervening years, the remainder of the Windsong Cove project has been developed and occupied. Now the residents of Windsong Cove are concerned about the impacts of construction traffic on their neighborhood and its existing private streets. This concern has arisen because Marlborough Development Corporation is in the process of purchasing Windsong Shores and intends to build this project. Representatives of Marlborough have talked to both the homeowners and staff about the possibility of changing construction access to Harbor Drive rather than through the project. Staff has informed them to talk to the residents of Harbor Drive and try to make some Carlsbad Tract No. 83-4 October 1985 - FINAL MAP WE. THE UNDERSIGNED. HEREBY CERTIFY THAT WE ARE THE OWNEh~ OF OR ARE INTERESTED IN THE LAND SUBDIVIDED BY THIS MAP. A'JL DO HEREBY CONSENT TO THE PREPARATION AND RFCOROA^ I CH OF THIS MAP AS SMQWN IN THE BLUE COLORED BORDER LINE. AND WE HEREBY OFFER FOR DEDICATION TO THE PUBLIC A PUBLIC ACCESS EASEMENT. ALL AS SHOWN ON THIS MAP. .WE HEREBY VEHICULAR ' SUBDIVIDED REUI.NJjUJ||!|^; AND WAIVE ALL ABUTTERS1 RIGHTS OF 'A'^ti^fciieiARBOR DRIVE APPURTENANT TO THE LAND BY THIS MAP AS SHOWN HEREON . UPON VACATION OF ANY PORTION OF HARBOR DRIVE ADJACENT TO SAID LAND, SUCH VACATION TERMINATES THE ABOVE RELINQUISHMENT AS TO THAT PORTION VACATED. WE ALSO OFFER FOR DEDICATION TO THE CITY OF CARLSBAD THE DOMESTIC WATER SYSTEM AND APPURTENANCES AND THE SANITARY SEWER SYSTEM AND APPURTENANCES AS SHOWN ON THE IMPROVEMENT OLANS FOR THIS TRACT. WE HEREBY GRANT TO THE CITY OF CARLSBAD AN EASEMENT OVER, UPON, ACROSS AND UNDER A PORTION OF LOT 5 DESIGNATED •PORTION OF LOT 5 DEDICATED AS OPEN SPACE EASEMENT HERTEON" . (HEREINAFTER REFERRED TO AS THE SUBJECT LAND). TO~WIT: (1) A PERPETUAL EASEMENT FOR OPEN SPACE OVER, UPON. ACROSS AND UNDER THE SUBJECT LAND AND NO BUILDING, STRUCTURE OR OTHER THING WHATSOEVER SHALL BE CONSTRUCTED, ERECTED. PLACED OR MAINTAINED ON THE SUBJECT LAND EXCEPT AS MAY BE PERMITTED BY A SPECIAL USE PERMIT ISSUED PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF CARLSBAD. (2) THE PERPETUAL RIGHT. BUT NOT THE OBLIGATION, TO ENTER JPON THE SUBJECT LAND AND REMOVE ANY BUILDINGS. STRUCTURES OR OTHER THINGS WHATSOEVER CONSTRUCTED. ERECTED. OR PLACED OR MAINTAINED ON THE SUBJECT LAND CONTRARY TO ANY TERM, COVENANT OR CONDITION OF THIS EASEMENT AND TO 00 ANY WORK IECESSARY TO ELIMINATE THE EFFECTS OF ANY EXCAVATION ORRAdlNG OR PLACEMENT OF SAND, SOIL, ROCK OR GRAVEL OR ANYTHER MATERIAL DONE OR PLACED ON THE SUBJECT LAND CONTRARY0 ANY TERM, COVENANT OR CONDITION OF THIS EASEMENT. GRANTOROVENANT AND AGREES FOR ITSELF AND ITS SUCCESSORS ANDSSIGNS AS FOLLOWS: A. THAT IT SHALL NOT ERECT. CONSTRUCT, PLACE ORMAINTAIN. OR PERMIT TH§ ERECTION . CONSTRUCTION. PLACEMENT ORMAINTENANCE OF ANY BJIItQING OR STRUCTURE OR OTHER THINGWHATSOEVER ON THE MKCT LAND OTHER THAN SUCH BUILDING. STRUCTURES AND OTHER"«l68 AS MAY t3E PERMITTED BY A SPECIAL JSE PERMIT ISSUED PtiflpMT TO THE ZONING ORDINANCE OF THE CITY OF CARLSBAD. B. THAT IT SHALL NOT USE THE SUBJECT LAND FOR ANY^URPOSE EXCEPT AS OPEN SPACE AND FOR PARK AND /ORRECREATIONAL PURPOSES. WITHOUT ""HE WRITTEN AUTHORIZATION OF"HE CITY OF CARLSBAD OR ITS SUCCESSORS OR ASSIGNS. C. THAT IT SHALL NOT EXCAVATE Oft MADE OR PERMIT ANYEXCAVATING OR GRADING TO BE DONE, OW PLACE OR ALLOW TO BE^LACED ANY SAND. SOIL. ROCK. OMMACL OR OTHER MATERIALA/HATSOEVER ON THE SUBJECT LAND WITHOUT THE WRITTENPERMISSION OF THE CITY OF CARLSSAO OR ITS SUCCESSORS ORASSIGNS: PROVIDED. HOWEVER. THAT SRANTOR MAY EXCAVATE. GRADEOR PLACE SAND. SOIL. ROCK OR GRAVEL OR OTHER MATERIAL ON THESUBJECT LAND AS MA > BE *?*MITTED BY A SPECIAL USE PERMITISSUED PURSUANT TO THE ZONING ORDINANCE OF THE CITY OFCARLSBAD. CARLS *• 1 ^ THIS MAP IS A SUBDIVISION ACCORDING TO MAP THEREOF N THAT PORTION. IF AWV, HERE "SUBDIVISION GUARANTEE" FJ OF THE BOUNDARY OF THIS SU THE CITY OF CARLSBAD. THIS SUBDIVISION IS A CON MAXIMUM OF 140 DWELLING UN STATE OF CALIFORNIA) COUNTY OF SAN DIEGO] SS ON_ UNDERSIGNED, A NOTARY PERSONALLY APPEARED _J±o_c (PERSONALLY KNOWN TO M SATISFACTORY EVIDENCE) ' AND A/b«T-t<^ Lpp<x- (PERSONALLY KNOWN TO I OF SATISFACTORY EVIOENi SECRETARY OF ALLSTATE NOW KNOWN AS SEARS SAVIf THE CORPORATION THAT EXt TO ME TO BE THE PERSONS ON BEHALF OF THE CORPORA' TO ME THAT SUCH CORPORAT: PURSUANT TO ITS BYLAWS DIRECTORS. WITNESS MY HAND AND OFFIt MY COMMISSION EXPIRES PL.. NOTARY PUBLIC IN AND FOR "WE SIGNATURE 0^ rHE SOU EASEMENT RECORDED AUGUST DEEDS. HAS HFFN OMTTTF' Marlborough Development Corporation 10 May 1988 - LETTER May 10, 1988 €it'/-o£ Mr. Michael G. Holzmiller : Director of Planning City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009-4859 RE: windsong Cove Property, 130 Condominiums Carlsbad Trace 33-4, Map 11434 Dear Mr. Holsmiller: Marlborough has recently met with Cicy staff on two occasions, most recently last Wednesday, April 27, 1988 with Michael Howes, Adrienne Landers, and Walter Brown. As of this date, we have entered into a purchase agreement with Sears Savings Bank to purchase recorded map number 11484 (Carlsbad Tract 183- 4) and all entitlements to build the 130 condominium units known as Windsong Cove. At our .meetings with staff, we discussed scans of the critical issues that need to be answered during the next 20 days in order that Marlborough can proceed with the acquisition of the property. it was suggested that we make a formal written request to the city on certain questions of ma^or concern and I would very much appreciate whatever written responses you can provide us prior to May 20th in order that we may finalize our contract with Sears. >.ACGESS ROUTE •It is Marlborough'3 position that access to Tract 83-4 was granted by recorded Basements through Grant Deeds over Lots 2, 3 & 4 of Tract Map 74-22. It is "also our position that these ;esSs*raents are available for ingress, egress and construction and development of the referenced property. We also are of the opinion that as a practical matter, the development of the referenced property would be best served by using Harbor Drive as a temporary construction route to Tamarack. (Please see attached proposed construction route). We understand that direct access to Harbor Drive from the referenced property has been relinquished on th* recorded map due to the sensitive nature of this project and the Harbor Drive residences. Technically, the attached exhibit shows a legal access which was not relinquished through a 30* easement off of the referenced property, and access to Harbor Drive through that easement. Cur question is: If most of the Harbor Drive homeowners can somehow be accommodated through Marlborough's efforts and if most of the residents sign an agreement stating that, "they recognize Marlborough's intended use of Harbor Drive as a construction route for a period of approximately 3 years and that an agreed accommodation plan has been found to be acceptable", would the City approve Harbor Drive as our temporary construction route? Marlborough understands that certain repair, reconstruction or sealing of Harbor Drive ray have to be bonded for and completed at the end of the Use Permit. i i• 4 4 F BIONOO. JF: C»T\ OF CMiLM AVENUEiLIFOHNIA 92<X^" UJ > « 3 * 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 Carlsbad City Council 1 November 1983 - RESOLUTION No. 7384 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 140 UNIT TENTATIVE TRACT MAP (CT 83-4) AND CONDOMINIUM PERMIT (CP-227) ON A 10.15 ACRE PARCEL OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF AGUA HEDIONDA LAGOON BETWEEN 1-5 AND THE AT & SF RAILROAD. APPLICANT: WINDSONG SHORES CASE NO; CT 83-4/CP-227/EIR 83-3 _^ WHEREAS, on September 28, 1983, the Carlsbad Planning Commission adopted Resolution No. 2186 recommending to the City Council that Tentative Tract Map (CT 83-4) and Condominium Permit (CP-227) be approved; and WHEREAS, on September 28, 1983, the Carlsbad Planning Commission adopted Resolution No. 2184 recommending to the Cii. Council that Environmental Impact Report (EIR 83-3) be certified; and WHEREAS, the City Council of the City of Carlsbad, on October 18, 1983, held a public hearing to consider the recommendations and heard all persons interested in or opposed to Tentative Tract Map (CT 83-4), Condominium Permit (CP-227) and Environmental Impact Report (EIR 83-3); and WHEREAS, an Environmental Impact Report (EIR 83-3) was prepared and certified as complete in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1980 and the California Environmental Quality Act for CT 83-4 and CP-227; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: A. That the above recitations are true and correct. Carlsbad Council 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 1 November 1983 - RESOLUTION No. 7384 B. That the findings of the Planning Commission in Resolutions No. 2186 and No. 2184 constitute the findings of the zCity Council in this matter. C. That said Tentative Tract Map, together with the provisions for its design and improvement and subject to the conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Tract Map CT 83-4 and Condominium Permit CP-227 are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commissic"- Resolution No. 2186, dated September 28, 1983 marked Exhibit .,, attached hereto and made a part hereof. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California on the 1st day of November , 1983 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None / MARY H. CASLER , Mayor ATTEST: ALETHA L. RAUTENKRANZ 2. Carlsbad Planning Commission 28 September 1983 - STAFF REPORT Access to the proposed project will be frorr, the existing private "driveway system in the winds-brig Cove prelect. Harbor Drive will' not*?be used to provide vehicular access to this project., A Special Use Permit is being requested because the subject property is within the Aqua Hedionda Specific Plan. This plan requires that all new development in the plan area be subiect to the provisions of tr.e Carlsbad Scenic Preservation Overlay Zone. This zone requires that a special use permit be issued for any development. The proposed project will be the last phase of a multi-phase project that was previously known as Papagayo (now Windsong Cove). The Papagayo project was first proposed in 1972. Since that time it has gone through several revisions. Previous City approvals would have allowed the applicant to grade and develoo down to the edae of Agua Hedionda Lagoon. These plans were denied by the Coastal Commission. The applicant has reduced the number of units and revised his plans in an attempt to comply with the Agua Hedionda Specific Plan. III. EIR 83-3 Major Impacts 1. Traffic Circulation The proposed project will generate approximately 1200 average daily trips. This traffic will contribute to the need for a traffic signal at the intersection of Jefferson Street and Tamarack Avenue. One of the conditions of approval for the applicant's previous' project requires that he install this light when it is warranted. Improvement of Chinquapin Avenue with the project that is presently under construction will accomodate traffic on Chinquapin Avenue west of Jefferson Street. 2. Archaeology Development of the project will destroy a significant archaeological site. This loss is mitigated by a tentative map condition requiring a detailed excavation and evaluation of the site. 3. Noise Some of the units closest to Interstate 5 and the AT & SF Railroad will be exposed to noise levels in excess of 65 CNEL. This can be mitigated by providing noise barriers on patios and decks and providing the necessary insulation for the residences to ensure compliance with the State of California interior noiso level standard of 45 CNEL. -2- Carlsbad Planning Commission 28 September 1983 - RESOLUTION No. 2186 24) Th« public access easement shall b« rededicated with the 4 6 7 8| 9 10 11 12 13 alignment of the proposed walkways and vista points 5 25) Private patios and balconies on units that face the freeway ^ •* *t h W ^ «•» ^ % T *•>«^ •» «3 .-* W •» 1 1 V«^ •% ^ .A _• • J A ~J ._.!&. i_ _ ^ • ,_ _ * . . . 15 16 17 21 22 23 recordation of the final map to b« consistent with the and the railroad shall be provided with noise mitgation in the form of a patio noise barrier. The noise barrier shall be any solid structure with no holes or cracks having a surface density of 4 pounds per square foot or greater. The barrier shall completely shield all line of sight with the noise source and have a top elevation 6 feet above the finished floor elevation of the patio. If views are to be preserved glass panes (1/4 inch tempered) can serve as the top portion of the barrier. 26) Prior to issuance of a building permit, the Building Director shall review the architectural plans to ensure compliance with the State of California interior noise standard of 45 CNEL. At that time, any additional measures (thicker glazing, sound absorption material, or sheilding of vents) to further attenuate the noise to acceptable level shall be required. A • 27) Prior to recordation of the final map, the applicant shall submit a revised site plan showing a 60 foot separation between the buildings located adjacent to the pedestrian walkway which extends from Harbor Drive to the lagoon. This separation shall be subject to the approval of the Land Use Planning Manager and shall be accomplished by reducing the square footage of the units throughout the project. 18 28) No grading shall be started or planned to extend into the 19 !! November to April rainy season. 20 29) Th-e portion of th« public trail system located on the slope adjacent to Agua hedionda Lagoon shall be constructed by manual labor only. No heavy equipment, i.e., trucks or bulldozers shall be allowed on the slope 30) Th* applicant s|^||JL install a wrought iron fence along the northern prop'tity 'line where it adjoins the^ingfce family r«sid«nc«s which front on Harbor Drive. 24 'Engineering Department25 |,— 31) The developer shall obtain a grading permit prior to the 26 commencement of any clearing or grading of the site, 27 32) The grading for this project is defined as "controlled grading' ij by Section 11.06.170(a) of the Carlsbad Municipal Code. 28 It Grading shall be performed under the observation of a civil PC RESO NO. 2186 6. Carlsbad Planning Commission 28 September 1983 - RESOLUTION No. 2186 4 33) No grading shall occur outside the limits of .the subdivis 5 unless a letter of permission is obtained from the owners'of the affected properties. 6 34) Prior to the issuance of a grading permit, the haul route shal 7 be submitted for review and approved by the City Engineer. A separate grading plan shall be submitted and approved and'a 8! separate grading permit issued for the borrow or disposal site if located within the city limits. 9 10 11 12 13 14 15 ion 35) Additional drainage easements and drainage structures shall be provided or installed as may b« required by the County Department of Sanitation and Flood Control or the City Engi- neer. 36) Land for all public streets and easements shown on the ten- tative map shall be dedicated on the final map and shall be granted to city free and clear of all liens and encumbrances. 37) All land and/or easements required by this project shall be granted to the City, without cost to the City, free and clear of all liens and encumbrances. 38) Direct vehi@|>«la^|iccess rights,: for all lots abutting Harbor *Drive shall be waived on the final map.17 39) The applicant shall install curb and gutter on Harbor Drive 18 along his frontage to match the existing curb and gutter. 19 40) The applicant shall demonstrate to the City Engineer that access rights'to Chinquapin Avenue have been recorded with the 20 County Recorder guaranteeing access through the existing development to" the north prior to approval of the final map.21 |41) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. 22 23 24 42) The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards prior to occup'ancy of any buildings.25 I, 43) The developer shall comply with all the rules, regulations and 26! design requirements of the respective sewer and water agencies regarding services to the project.27 28 44) The design of all private streets and drainage systems shall : approved by the City Engineer prior to the issuance of a building permit. The structural section of all private stree- PC RESO NO City of Carlsbad 9 March 1983 - EIR NOTICE NOTICE OF PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR WINDSONG SHORES I. PROJECT DESCRIPTION The Windsong Shores project will consist of 150 condominium units located within six buildings on a 10.15 acre site (Figure 2). None of the proposed buildings will exceed a height of 35 feet (Figure 3). All of the resident and guest parking will be located in underground parking garages beneath the buildings. There will be three major recreation areas with swimming pools and spas. Access to the site will be through an existing project to the north constructed by the developer of the subject property. The subject property is zoned P-C, Planned Community and has a General Plan designation of RMH, Residential Medium High Density, 10-20 du/ac. The Agua Hedionda Specific Plan also designates this site for Residential Medium High Density, 10-20 du/ac. As proposed this project will have a density of 14.7 du/ac. II. PROJECT LOCATION The Windsong Shores project is located in the City of Carlsbad on the north shore of Agua Hedionda Lagoon, between Interstate 5 and the AT & SF Railroad (Figure 1). A portion of the subject property consists of Agua Hedionda Lagoon and steep slopes leading down to it. These areas will be left as they are except for the possible construction of a pedestrian trail along the slope. All of the residential construction will be confined to the flat previously graded portion of the property adjacent to the existing development. III. PROBABLE ENVIRONMENTAL EFFECTS OF THE PROJECT A. TRAFFIC CIRCULATION The EIR for this project will examine the effects that traffic generated by this project may have on the existing neighborhood and driveway system of the project through which the subject property will gain access. Mitigation'r^fs'ures will be- proposed to protect the existing residences from any adverse traffic impacts created by the proposed project. B. GRADING The applicant has indicated that construction of the proposed project will require approximately 2000 cubic yards of grading. The EIR for this project will examine methods of preventing Agua Hedionda Lagoon from being adversely impacted by grading for the proposed development. CITY OF CARLSBAD — AGENDA BILL AB&. MTG. 4/20/82 riTLE: PAPAGAYO - RESPONSE TO CITIZEN PETITION DFPT. HD. CITY MGR. zog oz3oo RECOMMENDED ACTION: Staff recommends the following: 1. Traffic signal at Jefferson and Tamarack shall be bonded and be installed when warranted by traffic conditions. 2. The Council find that the buildings currently under construction (i.e., framed) meet the original city approval and allow their completion. All other buildings to be constructed shall meet the building height requirements of the existing code. ITEM EXPLANATION In February a petition was sent to the city by residents living adjacent to the Papagayo project. In this petition the residents questioned: 1. Street improvements along Chinquapin Avenue. 2. Approved traffic signal at the intersection of Tamarack Avenue and Jefferson Street. 3. Building heights for the buildings presently under con- struction. Staff has made an extensive search of all of the available records and consulted with a number of people who were involved in the original approval. The attached reports from the Engineering Department and Planning Department detail the staff's findings. On April 5th approximately a dozen of the residents who signed the petition attended an informal meeting held by staff at the Council Chambers. At that time staff presented the information contained in the reports attached to this agenda bill and answered questions from the audience. The people in attendance appeared to be satisfied with staff's response, but informed staff that they desired to express their concern about this project to the Council. In summary, given all of the available evidence it appears to staff that the buildings have been constructed and are being constructed in accordance with the plans approved by the city. EXHIBITS 1. Petition dated February 9, 1982 2. Report from Planning Director to City Manager dated March 25, 1982 3. Report from Acting City Engineer to Assistant City Manager/ Developmental Services dated February 23, 1982. 4. Papagayo Phasing Map 5. Exhibits "A" - "C" 6. Memo dated March 26, 1982 from Building Department to Planning Department MEMORANDUM DATE: March 25, 1982 TO: Frank Aleshire, City Manager FROM: James C. Hagaman, Planning Director SUBJECT: Papagayo Building Height Determination This memo is in response to the petition sent to the city on Feb- ruary 9, 1982, by residents living adjacent to the Papagayo pro- ject. The petition questioned street improvements along Chinqua- pin Avenue, a proposed traffic signal at Jefferson and Tamarack and building heights (see attached petition). The attached memo from the Engineering Department discusses the first of two con- cerns. This memo will discuss the building height issue. Speci- fically, the petition asked: "how a developer can get approval to build on raised grade and then go to questionable height limit?" In an attempt to answer this question, staff has made an exten- sive search of the city's files dealing with the Papagayo project and talked to a number of people who were involved with the orig- inal approval. This research revealed that there are no written records or officially approved exhibits discussing or illustrat- ing the heights of the buildings. Staff has received conflicting information from people who were present at the time of approval regarding the allowable height of the buildings. When the Specific Plan and Tentative Map for this project were first approved in 1972, the P-C zone, in which it was located had no height limit. Building heights for projects within the P-C zone were determined on a project by project basis. Miter ex-am-i- b u i 1 d i n g« hei g&t—w as es fe-ab 1 i s h e d,, f p r_ .__. t h jL s^pxQ^ejG^fe^-a^tirer^ri me"iD f approval;^ The applicant has submitted a rendering of the site which shows four-story buildings and claims that the city approved that pro- ject. The applicant also submitted an article from the June 18, 1972 edition of the San Diego Union which showed this rendering as the approved Papagayo project (see Exhibit A). Staff has received a Tentative Map for the project from Planning Commis- sioner Jose, which showed elevations in one corner of the plan (see Exhibit "B"). One of these elevations showed a four story building constructed adjacent to a mound, the same as is "EXHIBIT 2" existing today. Commissioner Jose also gave staff a cross section of the site which showed mounding and four-story buildings (See Exhibit C). Both of these plans lacked any offi- cial approval stamp from the city of Carlsbad. The mounds upon which the buildings are placed seemed to have been an original part of the plan because the project description portion of the Environmental Impact Report for CT -72-13 states: "Additional earthwork will create east-west longitudinal mounds upon which dwelling units are to be built. The mounds will have a maxi- mum elevation difference of 20' above the existing terrain. The maximum height of the units con- structed on the mounds will be 15'-18' above finished grade." The existing buildings and the buildings under construction on the mound appear to conform to the exhibits staff has found, but are substantially higher than the 15'-18' height stated in the Environmental Impact Report. Staff has no explanation for this discrepancy, other than the Environmental Impact Report was not an approval document. The buildings that have been constructed on the mound have a height of approximately 40.5' as measured using today's Zoning Ordinance. All of the buildings on the flat portion of the site are less than 35' in height per Builidng Department memorandum dated March 26, 1982. Again it appears these buildings were constructed according to the originally approved plans. In summary, given all of the available evidence it appears to staff that the buildings have been constructed and are being constructed in accordance with the plans approved by the city. RECOMMENDATION Staff recommends that Mr. Hunts be allowed to continue the con- struction of all buildings that have already been framed. The Building Department should closely monitor the construction of the remaining buildings on the flat portion of the site to make sure that none of them exceed a height of 35' as defined by our existing ordinance. This may require some minor modifica- tions in the roof pitch for several buildings. -2- Staff realizes that this is probably not the answer the people who signed the petition were hoping for. We realize that this project was approved years ago and our city has changed. However, the construction of this project has been delayed by events that Mr. Hunts has had no control over. JCH:MH:rh Attachments 1. Petition dated February 9, 1982 2. Memo from Engineering Department dated February 23, 1982 3. Exhibits A-C c . c. . ••• February 9, 1982 • ' • tfayor Packard and City Council via Prank Aleshire, City Manager Carlsbad City Hall Re: File No. J1A Papagayo Development Bear Sirs: This Correspondence is in regards to the Papagayo Development adjacent to Chinquapin Ave. in Carlsbad. Information contained in this letter vas obtained from files en record at Carlsbad City Hall in particuliar File No. 31A. ' . The original file date of this project dates back to June 1972. This ..project vas approved in 1974 over the objections of the City Planning department. Some of the Objections were: 1. Traffic congestion on the street which would serve it (Document #3134 July 16, 1974 Resolution 1074,) 2. According to Resolution #786, a development should reflect a intent of the General Plan in this area and the proposed project should 'not be a detriment to the surrounding properties. This project vas also approved over the objection and protest of veil over one hundred local residents as shown in the file CT 72-13. According to the Phase Map on file, (see attached) this is the re-approved one and not the original Phasing which the City Council approved back in 1974, the project vas broken down into five developmental phases. Phase 1 and II are now complete and Phase III is. under construction at present. Grading plans have been submitted for Phase IV. Phase V on the lagoon has not been started as of yet. According to Document Number 9401 (dated July 1974) #4 (3), Traffic Signals at Jefferson Street and Tamarack Ave. are required as part of Phase I. This signal is not presently in existence. If there is to be a study done on traffic flow in regards to the traffic signal we vould like to request a study on the traffic congestion we feel vould result on Chinquapin Ave. due to the proposed development. Also required under 9401 7/4 (C) Full street 'improvements (curb, gutter, sidewalks) over southerly 32' of Chinquapin Aye. between I- 5 and Railroad^ are to be completed prior to occupany of Phase IV. We would.'.also .'like ~tp^uestion?;how; a/ developer:.- can /get approval to build on raided grade , and then^jgo.^.to.^a;..vquestionable ^height ^limit'r According to our latest city building code, Section .21. 04. 065 (Building Heights) in the canes where retaining walls .or fill grading are utilized to create finished grade higher in elevation than preexising grade, then .preexisting grade shall be used in the determination of building or structure height. Preexisting grade- means the ground level elevation which existed prior to any site preparation related to or to be incorporated into, the proposed new development or alter- ation (Ord. 9499)' Compliance with this ordinance is highly suspect. This letter should raiae the question as to whether certain verbal or un- documented npecial considerations have been granted to Kr. Larry Hunts in the past. Ve would like to know how such a development could be approved by City Council aid aince years have passed and our city has ©hanged, certain conditions shoxild be brought up to date. We still feel outraged how a out of tovn developer can come into our city a.nd our single family home neighbor-- hood and c^in approval of a high rise condc project. ' ' "EXHIBIT 1" Page 2 It is certainly possible that the requirements and stipulations for this project could have been emursed in a sea of paperwork at the Building Department and possibly overlooked or forgotten, but -we feel it is the moral obligation of the developer to abide by the conditions that he agreed to. As long time residents and taxpayers of the City of Carlsbad, your response to our inquiry would be appreciated. cc: Planning Dept. cc: Engineering Dept. cc: Coastal Commission BY OUR SIGNATURES: cc: City Attorney NAME ADDRESS HOW LONG A. GuAW Lj«A- Continued signatures of the Papagayo Development/in protest to -r "JOTS HorDOr DP, Mavbor Dr. f" 6 f S- 3 "ill, t ' OSffiA* / • c c City of Carlsbad 7 June 1972 - ORDINANCE No. 9311 7. All public improvements shall be constructed in accordance with City of Carlsbad design criteria and shall be subject to the approval of the City Engineer. 8. The water distribution and sewer collection system shall be d'edicated to the City, together with the necessary easements, free of liens and encumbrances. Connections to the existing trunk line through the property shall be made only at manholes. 9. On-site fire hydrants and fire protection appurtenances shall be constructed in accordance with Fire Department requirements. 10. The' interior streets are proposed to be private. The following special conditions shall apply: (a) Provisions for maintaining the streets, satisfactory to the ^lif'ty" Engineer and City Attorney, shall be pro- vided prior to issuance of any building permit. (b) The design of all streets shall be approved by, the Public Work.s Department and all street construction j 15 ji shall b,e^i Respected by the Public Works DepUrtmeftt'ati'd i a standard Inspection fee paid. 161 (c) All streets shall be designed for a structural section 17 19 8 10 11 12 15 14 in a^fjQislferi c e with City of Carlsbad Standard Design criteria. 18 (d) Provis*P0Jite-for accomorfasfewg pedestrian traffics' satis- factory, ip.: the Planning Director and C,i,|-y "E-ra-gii-neer shall'bPlfrovided.20 (e) Lighting adequate for pedestrian and vehicular safety 23 24 25 21 ii provided.22 and sufficient to minimize police proglems shall be (f) Where it is proposed to reduce street widths be elim- ination of curb-side parking, equivalent parking in addition to the normal off-street requirement shall be provided by other means. (g) The Ci ty wi 11 js.sume no responsibility for enforcemen of traffic control.26 (h) The developer shall complete his contractual arranqe- Planning Commission City Manager CUD i rr-T City of Carlsbad 27 April 1972 - MASTER PLAN road and west of 1-5. • I M I I APPLICANT: HUNTS PARTNERSHIP Report Submitted by: City Manager, Engineering , Fire Building Inspector, Parks and Recreation and Planning Departments Section I - General Discussion The proposed project is for the development of 418, two bed- room condominium units on a 23+ acre parcel of land at an approx- imate density of 10+ units per acre. The property is located in existing R-l and R-T zones and is adjoined to the north by other R-l properties along Chinquapin, Auga Hedionda Lagoon to the south 1-5 to the east, A.T. & S.F. railroad to the west. Off street parking will be provided as stipulated in City of Carlsbad park- -ing ordinance. Water and sewer facilities along Chinquapin are adequate to handle the anticipated population increase. • yngress and egress will be facilitated by two openings along pne westerly of Harbor Drive and one easterly of Street. External traffic flows will be generated from Jefferson Street via Tamarack Avenue and from the Chinquapin freeway overcrossing. Internal circulation v/ill be facilitated through a network of horizontal two way curved streets, designed for the integra- tion of'low speed automobile traffic and pedestrian walkways. There will be no cross streets. • 7' The proposed development appears to be compatible w i th_, / and promotes the recreational development and use of Agua/ Hedionjj_Lagoon.\Renderings depict lagoon frontage as developed with boaf^ancnoTage andrsmall beach fronts to accomodate both residents of the project and the general public. Section II - Recommendati on The Staff recommends approval of the project for the follow- ing reasons and subject to the follov/ing conditions. City of Carlsbad 27April1972 - MASTER PLAN Section III - Reasons of Approval 1. The proposed project reflects the intent of the General Plan for development in this area. ~~ ~~ 2. The proposed project will not be a detriment to the surrounding properties, ^~~ ~—mS=i— Section IV - Conditions » 1. That all information required by City Ordinance 9060, Chapter 21.30 (Planned Community), be submitted for Staff review prior to final approval, Information to include: (a) a detailed landscape maintenance program (b) time schedule indicating phases of development and approximate completion dates for each phase(also to include information on utilization of Lagoon property.) 2. Applicant shall be subject to the City of Carlsbad Park Dedication Ordinance No. JUJKL._ Fees shall be paid in lieu of dedj_c_ajyjui_Aad--tlve--^v^f^e-y—^4xaJXI^ciyJji£- pU-b-1 ic acc.e_s_s_jt_q "tti e Tac^o o n f o r bicycles and pedestrians. 3. Landscape and sprinkler plans shall be submitted for review before construction and prior to occupancy. 4. Applicant shall file a Subdivision Map in accordance with the State Map Act. 5. Full street improvements shall be constructed over the southerly 32' of Chinquapin Avenue between 1-5 and the A.T, & S.F. Railroad. 6. Street rights of way, adjacent to the property as required for Street Improvements, shall be dedicated to the City free of all ifens and encumbrances. 7. All public improvements shall be constructed in accordance with City .of Carlsbad design criteria and shall be subject to the approval of the City Engineer. 8. The water distribution and sewer collection system shall be dedicated to the City together with the necessary easements free of liens and encumbrances. Connections to the exist- ing trunk line through the property shall be made only at manholes.