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HomeMy WebLinkAbout1981-10-06; City Council; Resolution 66841 Y 1 2 3 4 5 6 7 8 9 10 11 12 2 c ij 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS AN AMENDMENT TO A PREVIOUSLY APPROVED 104-LOT TENTATIVE SUBDIVISION MAP TO CHANGE THE PHASING, INCLUDE A REMAINDER PARCEL AND PREVIOUSLY DESIGNATED SCHOOL SITE ON PROPERTY GENERALLY LOCATED SOUTH OF ALGA ROAD, EAST OF EL FUERTE ROAD AND WEST OF MELROASE AVENUE IN THE P-C AND RD-M(Q) ZONES. APPLICANT: DAON CORP./LA COSTA LAND CO. (RANCHEROS/MEADOW CREST). CASE NO. CT 79-25(B). WHEREAS, on August 26, 1981, the Carlsbad City Planning Commission adopted Resolution No. 1857 recommending to the City Council that an amendment to a previously approved 104-lot Tentative Subdivision Map (CT 79-25(B)) be conditionally approved: and WHEREAS, the City Council, of the City of Carlsbad, on September 15, 1981, held a public hearing to consider the recommendations of the Planning Commission and to receive all recommendations and hear a11 persons interested in or opposed to amended Tentative Subdivision Map CT 79-25(B): and WHEREAS, said project has been declared to have a nonsignificant impact on the environment and a Negative Declaration has been prepared and filed in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1980; 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. 1857 constitute the findings of the City Council in this matter. 1 2 3 4 5 6 7 8 9 10 11 12 0 V z 3 1E 1s 2c 21 22 2: 24 25 26 27 2t C. That said Tentative Subdivision 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 said amended Tentative Subdivision Map CT 79-25(B) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No. 1857, dated August 26, 1981, marked Exhibit A, attached hereto and made a part hereof and, in addition, to the following Condition No. 35: "35. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application . 'I PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 6thday - of October I 1981 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ATTEST : RONALD Cj$ PACKARD, Mayor MARY H. CASLER, Vice Hayoor c&z2fL4u?& ALETHA L. RAUTENKRANZ, City Cledk (SEAL) 2. 7 - 4 1 2 3 4 5 6 '7 8 9 '$8 .ll. . 12 13 14 15 16 37 18 39 20 22 22 23 221 25 26 27 28 .. 4 E @ IBIT A. TO CITY' -- UTION NO. 6684 PLANNING COMMISSION RESOLUTION NO. 1857 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY AN AMENDMENT TO A 104 LOT TENTATIVE TRACT MAP TO CHANGE THE PHASING, INCLUDE A REMAINDER PARCEL AND LOCATED SOUTH OF ALGA ROAD, EAST OF EL FUERTE ROAD AND WEST OF NELROSE AVENUE IN THE P-C AND RD-M(Q) ZONES APPLICANT: DAON CORP./LA COSTA LAND CO. (RANCHEROS/MEADOI CREST) CASE NO: CT 79-25(B) * OF CARLSRAD CALIFORNIA, RECOMMENDING APPROVAL OF PREVIOUSLY DESIGNATED scriooL SITE ON PROPERTY GENERALLY WHEREAS, a verified applicant for certa#in property, to wit: Portions of Sections 19, 29, 30, 31, Township 12, South Range, 3 west San Bernardino Pleridian, County of San Diego has been filed with the city of Carlsbad, and referred to the Plan. ning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 26th day of .* August, 3 1981, hold a duly noticed public hearing as prescribed by law to consi.der said request; and WHEREAS, at said public hearing, upon hearing and considerin1 all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Ten- tative Tract Map and Condominium Permit. NOW, THEREFORE, RE IT HEREBY RESOLVED by the Planning Commis sion as follows: A) That the above recitations are true and correct. B) . That based on the evidence presented at the public hearing,. the Commission recommends -- APPROVAL of CT 79-25(B), based on the followiiig findings and subject to the following condi- tions: .. Findinss 1) ' That the findings made as part oE approval of CT 79-25 (Planning Commission Resolution No. 1602) and CT 79-%5(A) (City Council Resolution No. 6413) are still valid and + 3 2 3 .4 5 6 7 e 9 10 11, 12 13 14 15 . 16 3.7 Q 18 19 20 22 22 ' 23 24 25 26 27 28 applicab'le to this application and are incorporated herein by reference. That the proposed amendment is consistent with the General Plan, Subdivision Ordinance and Zoning Ordinance. That the project will not create any significant environmental impacts, and the Planning Director has determined that the project has met all requirments of the Carlsbad Environmental Ordinance and has issued a Notice of Prior Environmental Com- pliance on July 29, 5981, based on the certification of Envi- ronmental Impact Report 307 prepared for the La Costa Master Plan e I project is consistent with all city public facility polic- and ordinances since: The applicant has received adequate sewer from the San Marcos County Water District. The Planning Commission has, by inclusion of an appropri- ate condition to this tentative subdivision map, insured 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 Planning Comntission has added a condition that a note shall be placed on the final map that building permits may not be issued unless the City Engineer determines that sewer service is available and building cannot occur within the project unless sewer ser- vice remains available, the Planning,Commission is satis- fie4 that the requirements of the public facilities ele- ment of the General Plan have been met insofar as they . apply to sewer service for this tentative map approval. School facilities will be provided by the San Marcos Uni- fied School District. Parks or park-in-lieu fees will be provided in accordance with the subdivision ordinance and the agreement between the La Costa Land Company and the city of Carlsbad. All necessary public improvemenls have been provided or will be required as conditions of approval. I The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. "F --..-.-I -2- 1 2 3 4 5 6 7 8 9 1% . 14 I€ 1% 2c 8 21 22 . 22 24 2E ' 2E 23 2E Cond it ions of Approv a1 General : Approval is granted for CT 79-25(B), as shown on Exhibit "A" r dated July 27, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substanti- ally as shown unless otherwise noted in these conditions, All previous conditions of approval of CT 79-25(A) (City Coun- cil Resolution No. 6413) are no longer applicable and shall be superceeded by the conditions of approval contained herein. This subdivision is approved upon the express condition that the final map shall not be approved unless the City Council finds as of*the time of such approval that sewer service is available to serve the subdivision, This subdivision is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that suck sewer facilities are available at the time of application for such'permits and will continue to be available until time of occupancy, If the City Engineer determines that sewer facili- ties are not available, building permits will not be issued', A note indicating this shall be p.laced on the final map. Prior to the approval of the final map, the San Marcos County Wat.er District m'ust receive all required approvals for the annexation of that portion of the subject property not cur- rently within the San Marcos County Water District. Thjs approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Coun- cil' Policy No, 47, dated August 20, 1979, on file with the City Clerk and incorporated herein by reference and according to the agreement executed by the applicant for payment of saic fee. A copy of ghat agreement, dated February 26, 1980, is or file with the City Clerk and incorporated herein by reference, If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. All land and/or easements required by this.subdivision shall be granted to the city, without cost to the city, free of a11 liens and encumbrances. District boundaries or lot lines shall be modified to fulfill the requirement that each lot be in a single tax code area. No lot in Phases I-IV in the proposed subdivision may be fur- ther subdivided. A note indicating this shall be placed on the final map. -3- 3 2 3 4 5 6 '7 8 9 10 11 3.2 23 14 15 16 17 18 19 20 21 Q 22 23 24 25 26 27 28 A report of a geological investigation and a complete grading plan of the entire site except for building pads or individual lots, shall be contracted by the applicant and shall be sub- mitted to the City Engineer prior to issuance of grading per- mits. The report shall be prepared by a civil engineer and a geologist licensed by the State of California and experienced in erosion- control and slope stability. They shall certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighboring properties. All cut and fill slopes shall be no steeper than 2 horizontal to 1 vertical, unless otherwise approved by the City Engi- neer All exposedaslopes shall be hydromulched'or otherwise stab- ilized immediately upon completion of grading activities. - Clearing operations- shall not be allowed in advance of grad- ing, but rather only concurrent with grading activities. Clearing shall be limited to the minimum area necessary to construct the residences and appurtenant facilities. If grading is performed, or if slope-s will be exposed during the rainy season (November 1 through April 15), erosion con- trol measures, such as desiltation basins, sandbags, etc., shall be taken and shall be approved by the City Engineer. No fill slopes shall extend outside the subdivision boundary adjacent to San Marcos Canyon. Care shall be taken in grading for Street rrC" to ensure that no debris crosses the subdivi- sion boundary and goes into the canyon. Street "C" shall be relocated as necessary to ensure this condition is fulfilled. All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This condition excludes all drainage easements granted to the city of Carls- bad. Additional drainage easements and structures shall be provide2 or installed as may be required by the County Department of Sanitation and Flood Control and/or t$e city of Carlsbad, The maximum grade on any private street shall not exceed 12%, except for short distances the grade may be up to 15% only if approved by the City Engineer. Corintia Street shal1,be dedicated and improved in full, base6 on a 60 foot wide street according to city of Carlsbad stan- dards, except that sidewalk on one side of the street may be deleted. Street trees shall be provided to enhance the rural character of the subdivision. Said trees shall be included or! the detailed landscape and irrigation plan and be approved by the Planning Director prior to recordation of Einal map. Street lights as directed by the City Engineer shall be in- PC RES0 1857 -4- 7 2. 2 3 _. 4 10 3.1 12 13 14 15 *16 17 ' . 18 2.9 6 20 21 22 23 24 25 26 27 28 e a cluded in the improvements. The street shall be improved in full from El Fuerte Street to just Seyond Street "A" for a temporary cul-de-sac which shall be constructed to city stan- dards, prior to final occupancy of any units in Phase I or Phase 11, whichever occurs first. Full improvements shall be extended east to the subdivision boundary prior to final occu- pancy of any units in Phase 111 or Phase IV whichever occurs first . Alga Road shall be dedicated and improved along its frontage ,of the subdivision based on a 51 foot half street according tc city of Carlsbad standards. Improvements shall include side- walks, half median, street trees at 40 fpot spacing and street lights. Additionally, Alga Road shall be extended off- site to El Puerte Street based on the same section. Cut and fill slopes adjacent to Alga Road shall be 2:l maximum, unless otherwise approved by the City Engineer. These improvements shall be constructed prior to final occupancy of any units in Phase I. Any remaining public improvements in the El Fuerte half street section along the subdivision frontage (sidewalks, street trees, street lights-, graded parkway or others) shall be in- stalled to conform to city of Carlsbad standards. These im- occupancy of shall be ap- provements shall be constructed prior to final any units in Phase I. . The design of all private streets and drainage 5. proved by the City Engineer. The design shall liqhts, curb and qutter storm drain facil'ities inclcde stkeet or otiler fea- 'The s-ructural sec- tukes if. required-by the City :Engineer. tion of'all private streets shall conform,to the city of Carls'bad' standards based on R-value tests.. 23) The private street (Street "A") which exists onto Alga Road shall be permitted to have right turn in and right turn out only and no median break shall be permitted unless coordinated with the developer to the north and approved by the City Engi- neer. 24) The horizontal radius on Street "C" adjacent to lots 12, 13, and 16 (Phase 111) shall be redesigned and a knuckle shall be installed subject to the approval of the City Engineer. 25) Access rights of lots abutting Alga Road and El Fuerte Street, except for lots 5 and 9 in Phase 11, shall be dedicated and - waived on the final map. 26) The water line shall be connected to existing in El Fuerte Street, run in Corintia Street to Street "A" , in Street "A" and connect to existing in Alga Road as part of the improve- ments in Phase I. The water. line in Corintia Street shall be connected from Street "A" to the existing line in Rancho Santa Fe Road concurrent with the. constructj.on of any phase aftcr the first. The water line .in Street "E3"and Street "C" shall BC RES0 1857 -5- ' .,..A + .> c I .I 4 ! Y..( 1: 1: 1: 1L If .It 1; 1E 1s 2c 21 22 23 24 25 0 2 28 * 0 be constructed at one time from Corintia Street through Streel "Bl', looped in Street I'C" and back to Corintia Street concur- rent with the construction of Phase I1 or Phase 111, whichevei comes first. Phases V and VI may record final maps prior to the other phases of CT 79-25(B). These final maps may record without meeting conditions 1 - 26 contained herein; however, condi- tions No. 28 and 29 shall be complied with prior to final map approval of these two phases. A final map for Phase V may be filed at any time, provided, however, that no development.shal1 occur until. the final con- damunium permit for CP-176 has been apprbved. Development of Phase V shall be subject to the provisions of CP-176. If a final map for Phase V is filed prior to the approval of the final condominium permit, a note containing the restrictions imposed by this condition shall be placed on the final map. Prior to recordation of Phases I-VI inclusive, whichever occurs first, the applicant shall dedicate park land or pay park fees pursuant to the subdivision ordinance and the parks agreement between the La Costa Land Company and the city of Carlsbad in effect at the time of recordation. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held ,on the 26th day of August, 1981, by the following*vote, to wit: 5 AYES: NOES: None Marcus, Rombotis, Farro", Jose, Friestedt and L'Heureux ABSENT: Schlehuber ABSTAIN: None .- , Chairman ANNING COMMISSION ITTEST : ..