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HomeMy WebLinkAbout2002-02-12; City Council; Resolution 2002-046RESOLUTION 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 98-1WPUD 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 5" 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-IWPUD 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 1 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 file 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-1-7,500-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. 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-l-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 2 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 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. 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 d. The proposed Street “C” as shown on Exhibit “G” shall be realigned (flipped) to intersect with “A Street and not with “B” Street. The realignment shall include a CUI de sac and utility easement short of the present connection with “B” Street. The realignment shall 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, 4 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 recreational 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 Nygaa,rdA hi/&" CLAUDE A. LEWIS, Mayor " JANICE BREITENFELD, Deputy City Clerk 5