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HomeMy WebLinkAbout1977-05-03; City Council; Resolution 504919 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS REVISED TENTATIVE MAP (CT 74-14 (A) ) TO PROVIDE A 244 DWELLING UNIT, 246 LOT SUBDIVISION ON APPROXIMATELY 83.3 ACRES GENERqLLY LOCATED AT THE EASTERLY TERMINUS OF CHESTNUT AVENUE DIRECTLY EAST OF THE EL CAMINO MESA SUBDIVISION. APPLICANT: RUSSELL W. GROSSE (IDMC) WHEREAS, on March 9, 1977 the Carlsbad City Planning Commission adopted Resolution No. 1333 recommending to the City Council that revised Tentative Map (CT 74-14(A)) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on April 5, 1977, considered the recommendations of the Planning Commission; and WHEREAS, an Environmental Impact Report was certified as complete for a previously issued entitlement for this project, and the Planning Director has found the revised Tentative Map ICT 74-14(A)) to be in prior compliance with the City of Carlsbad Environmental Protection Ordinance of 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B, That the findings of the Planning Commission in Resolution No. 1333 constitute the findings of the City Council in this matter except as they relate to the public facilities element of the General Plan regarding the availability of sewer service. The City Council finds that sewer service is available for Unit 1 of this subdivision since the applicant had building 12 0 6 0 t 18 19 20 21 22 23 24 25 26 27 28 permit applications on file for that unit prior to the imposition of the moratorium and, therefore, may obtain sewer permits for that unit. The City Council finds for the balance of the subdivision, Units fwo &d thr@e, sewer service is not available as of the date of this approval. However, sewer service may be available in the future. The City Council will, by inclusion of an appropriate condition to this Tentative Subdivision Map approval, insure that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition the City Council will add a condition that a note be placed on the final map providing that building permit may not issue for lots in the subdivision unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available and building cannot occur within the subdivision unless sewer service remains available, the City Council is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to this Tentative Subdivision Map approval. D. That said Tentative Subdivision Map, together with the provisions for its design and improvement and subject to the con- ditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That revised Tentative Map (CT 74-14(A)) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. 2, 3. 4. The approval is granted. for the land described in the application and any attachments thereto and as shown on the tentative tract map submitted labeled Exhibit A, dated February 4, 1977, on file in the Planning Departmer and incorporated by reference herein. The location of all roadways, lots, and other facilities or features shall bc located substantially as shown on the plot plan, Exhibit A, except or unless indicated otherwise herein. Park-in-lieu fees shall be required to the satisfaction of the Parks and Recreation Director prior to City Councj approval of the final map. A credit of 25% will be allowed against the computed park-in-lieu fees because of the open space corridor provided along the westerly boundary of the tract. The applicant shall dedicate in fee title to the City lots A and B concurrent with recordation of the final may for Phase One. The slope areas shown as the rear portions of Lots 27-35 and 40-45 shall be granted to the City as an open space easement concurrent with City Council approval of the final map for Phase One. The slope areas shown as the rear portions of Lots 231- 244 shall be granted to the City as an open space ease- 2. rnent concurrent with City Council approval of the final for Phase Three. 20 21 22 23 24 25 26 27 28 I 5. 6. 7. 8. 9. The applicant shall provide the following within the open space lots and easements prior to final map approval a. Landscaping and a sprinkler system acceptable to the Parks and Recreation Director. b. A ten foot wide, maximum seven percent grade asphaltic concrete path extending from tHe southerly boundary and joining the path on CT 74-4 at their mutual boundary to the north (only applies to Lots A and B). The applicant shall include in the Covenants, Conditions and Restrictions, a provision that each lot owner, a portion of whose lot is included in the open space ease- ment, shall be responsible for maintaining that open space. The CC&R's shall provide that the slopes shall be maintained in a state comparative to the natural surround- ings. The exact language defining the maintenance responsibility shall be approved by the Parks and Recreation Director. The CC&R's for this development shall be submitted to the Planning Director for review and approval prior to the approval of the final map. All land and/or easements required by this Ordinance shal: be granted to the City of Carlsbad without cost to the City and free of all liens and encumbrances. No easement: shall be recorded prior to approval of the final map unless approved by the City Engineer. All slopes created as a result of this development shall not exceed a 2:l slope except as approved by the City Engineer. 10. If slope rights are obtained from the adjoining property owner to the south prior to April 19, 1977, the applicant shall offer either Lot 207 or Lot 208 for street purposes to provide a secondary access to the adjacent southerly parcel. The offer shall be rejected by the City until the southerly parcel is developed. Lot dimensions may be altered in this area to accommodate any special widths and grades for this lot. 11. Provision for traffic signals shall be made in accord with such City Council Policy in that regard as may be in effect when the final map is submitted for approval. 12. All cul-de-sacs on the site shall have a maximum length of five hundred feet except as approved by the City Manager. 3. 20 21 22 23 24 25 26 27 28 13. 14. 15. 16. 17. 18. 19. The maximum allowable street grade through the inter- sections of Chestnut Avenue and Oxford Avenue, and Chestnut Avenue and Ames Place shall be nine percent, Ornamental street lighting shall be provided for as required by Municipal Code. bond and/or cash in the amount necessary to energize said street lights for an eighteen month period after con- struction to permit the incorporation of the subdivision into a maintenance district. This shall be done prior to approval of the final map. The developer shall post a No final map shall be approved until provisions are made to connect the proposed sewer to an offsite public gravity sewer system approved by the City Engineer; that is: an offsite system either existing or having sections to be constructed, for which plans are approved and fees, bonds and easements are received. Elm Avenue shall be extended to the proposed Santa Clara Way in Carlsbad Tract No. 76-2 on the basis of a minimum forty-four foot graded roadway with twenty-eight feet of paving, designed according to City of Carlsbad standarc for a secondary arterial prior to or concurrent with the final map approval of Unit No. 1. Bonding for these improvements to be completed within two years of final map recordation of Unit No. 1 shall meet this requirement. Prior to final map approval of Unit No. 3, the applicant shall either cause to be acquired the offsite parcel formed by the offsite extension of Victoria Avenue and Eln Avenue and consolidate the parcel with proposed lots 241 through 244 by adjustment plat; or alter the boundary of proposed lot 244 to satisfy the requirements of Title 21 of the Carlsbad Municipal Code. The proposed temporary deep sewer in Victoria Avenue serving Unit No. 3 is conceptually approved. The specific design shall be approved by the City Engineer on the improvement plans. A gravity sewer shall be installed and capped off to permit the abandonment of the deep sewer should an alternate route be established by development of adjacent property. Prior to approval of the Final Map of Unit No. 3, the applicant shall dedicate, acquire offsite easements for and improve the following: a. Elm Avenue, on the basis of a forty-two foot half street section, from the northerly subdivision boundary to the proposed intersection of Victoria Avenue. Dedication of Elm Avenue along this section shall include a waiver of direct access rights from all lots shown on the final map as abutting thereon. 4. 23 24 25 26 27 28 20. 21. 22. 23. 24 b. Victoria Avenue, on the basis of a sixty foot street section from the subdivision boundary to the proposed intersection of Elm Avenue. c. Elm Avenue, on the basis of a forty-four foot graded roadway with twenty-eight feet of paving, designed according to City of Carlsbad Standards for a secondary arterial, from the northerly subdivision boundary to the existing Elm Avenue Extension. Prior to review of the final map and improvement plans for Unit No. 3, an amended tentative map shall be submitted to the Planning Director and City Engineer and approved by the City Engineer as to the alignment, cross section and grade of Elm Avenue. The map or its attachments shall show the location of mature trees and alternate means of installing the street to preserve these trees. The units shall be constructed in numerical order. Prior to or concurrent with the recordation of the final map for Unit No. 2, the right-of-way shall be dedicated and a secured agreement shall be executed for complete improv ment of Victoria Avenue across Unit No. 3 to the easterly subdivision boundary, to provide for the connection to Elm Avenue if it is extended past or to the subdivision by another party. Physical access to Elm Avenue shall be provided prior to or concurrent with the recordation of the final map for Unit No. 2. The offsite extension of that street called "Pontiac Drive" on Exhibit A as a residential collector to Elm Avenue to the north will satisfy this requirement. The applicant shall comply with all of the rules and regulations of the Carlsbad Municipal Water District special problems, such as the need for offsite water mains,may exist in this area and the applicant is encouraged to work closely with the District, This subdivision is approved upon the express condition that building permits will not be issued for development on the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such permit and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued until arrangements, satisfactory to the City Council, can be made to guarantee that all necessary sewer facilities will be available prior to occupancy. This condition shall be noted on the final map. This subdivision is approved on the express condition that the final map shall not be approved unless the 5. !- 1 2 'I b 4 E Y E 7 E 9 1c 11 12 Q 19 20 21 22 23 24 25 26 27 28 City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 25. This Tentative Subdivision Map shall be subject to any further approvals as may be necessary in connection with such plan for the allocation of sewer service among competing uses as the City Council may adopt. If an allocation plan is adopted prior to final map approval, the applicant shall satisfy the requirements of such plan as a further condition of this Tentative Subdivisior Map approval. 26. Conditions 23, 24 and 25 shall not apply to Unit 1 of this subdivision. E. This resolution approving revised Tentative Map (CT 74-14 (A)) shall supersede Council Resolutions No. 3565 and No. 3942 in regards to the map and conditions of approval which shall be in accord with this resolution. The time limits applicable to the original map as approved by Resolution No. 3565 shall remain in effect: therefore, the final map must be filed by August 21, 1977. The City Council may approve one extension of up to one year. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 3rd day of May , 1977, by the following vote, to wit: AYES : Councilmen Frazee, Eackard and Councilwoman NOES : Councilmen Lewis and Skotnicki Casler ABSENT : None ATTEST : (SEAL)