HomeMy WebLinkAbout1983-07-19; City Council; Resolution 72921
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RESOLUTION NO. 7292
A RESOLUTION OF THE CITY COUNCIL OF THE CIT OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A 138 UNIT TENTATIVE MAP (CT 83-9) ON PROPERTY
GENERALLY LOCATED ONE MILE EAST OF EL CAMINO REAL AT THE EASTERN TERMINUS OF SUNNY CREEK ROAD IN THE R-E ZONE. APPLICANT: MANDANA CORPORATION CASE NO.: CT 83-9
WHEREAS on May 25, 1983, the Carlsbad Planning
Commission adopted Resolution No, 2124 approving CT 83-9; and
WHEREAS, the City Council of the City of Carlsbad, on
July 5, 1983 held a public hearing to consider the
recommendations and heard all persons interested in or opposed
Tentative Map CT 83-9; and
to
WHEREAS, said Tentative Map has been declared to have a
nonsignificant impacts on the environment and a Negative
Declaration was prepared and filed on May 6, 1983 in compliance
with the requirements of the City of Carlsbad Environmental
Protection Ordinance of 1972 and the California Environmental
Quality Act
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.
B. That the findings of the Planning Commission in
Resolution No. 2124 constitute the findings of the City Council
in this matter.
C. That Tentative Map CT 83-9, 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.
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D. That Tentative Map (CT 83-9) 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. 2124, dated May 25, 1983
marked Exhibit A, attached hereto and made a part hereof, with
the exception of the addition of section (h) to Condition No. 30
and the revision of Condition No. 31 to read as follows:
"(h) The developer's obligation to dedicate the
rights of way and construct street improvements for
College-Cannon offsite "B" and offsite "D" as required
by subsections (a), (e) and (f) shall be satisfied
prior to approval of the final map. more particularly shown on the map titled Master
Offsite Circulation Map, Mandana Corporation marked
Exhibit B on file with the City Engineer and
incorporated by reference herein."
Said obligation is
''31) The construction of the secondary access known as offsite "D" street, Cannon Road and College Boulevard frm Cannon Road to offsite "B" street shall be completed prior to the sale of the 121st lot within the project or the issuance of a building permit for the
121st unit, whichever occurs first. A note to that
effect shall be placed on the final map."
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 19th day of July , 1983, by the following
vote, to wit:
AYES: Council Wxhers Casler, Lewis, Chick and Presmtt
NOES: None
ABSENT: None
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SLER, Mayor
ATTEST :
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PLANNIEG COMMMISSION RESOLUTION NO 2124
A RESOLUTION OF THE PLANNING COMC,!ISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 138 UNIT
TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED ONE MILE
EAST OF EL CAMINO REAL AT THE EASTERN TERMINUS OF SUNNY
CREEK ROAD IN THE R-E ZONE.
APPLICANT: MANDANA CORPORATION
CASE NO: CT 83-9
WHEREAS, a verified application for certain property to
At:
A portion of Lot "E" of Rancho Agua Hedionda, County of San Diego, per Map No. 823, filed November 16, 1896.
has been filed with the city of Carlsbad, and referred to the
Planning 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 25th day of
May, 1983, hold a duly noticed public hearing ils prescribed by law
to consider said request: and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Corrmission as follows:
A) That the above recitations are true and correct.
i3) That based on the evidence presented at the public hearing,
the Corrmission recommends APPROVAL of CT 83-9, based on the
followirlg findings and subject to the following conditions:
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Findings
The project is consistent with the City's general plan since
the proposed density of -7 du's/acre is within the density
range of 0-1.5 du's/acre specified for the site as indicated o
the land use element of the general plan.
The site is physically suitable for the type and density of th
development since the site is adequate in size and shape to
accommodate residential development at the density proposed.
The project is consistent with all City public facility pol-
icies and ordinances since:
The Planning Commission has, by inclusion of an appropriat
condition to this project, 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 Pfanning Commission has added a condition that a note
shall be placed on the final map that building permits may
not be issued for the project unless the City Engineer
detemines that sewer service is available, and building
cannot occur within the project unless sewer service
remains available, and the Planning Commission is satisfie that the requirements of the public facilities element of
the General plan have been net insoEar as they apply to
sewer service for this project.
The Carlsbad ScIiool District has written a letter, dated
July 19, 1982, stating that school facilities will be
available to this project.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or
will be required as conditions of approval.
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
enz:Sle this body to find that public facilities will be
available concurrent with need as required by the general
pian.
Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for
residential development on the general plan.
This project will not cause any significant environmental
impacts and a Negative Declaration has been issue2 by the Land
Use Planning Manager on May 6, 1983 and approved by the
Planninq Commission on May 25, 3.983
RES0 NO. 2124 -2- s
I The project meets the intent and all standards of the R-E
zone for the reasons stated in the staff report.
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lknd i t ions
2) This project is approved upon the express condition that the final map shall not be approved unless the City Council finds
as of the tine of such approval that sewer service is available
to serve the subdivision.
1) Approval is granted for CT 83-9, as shown on Exhibit "A", dated Nay 11, 1983, incorporated by reference and on file in the Land
Use Planning Office, shown unless otherwise noted in these conditions.
Development shall occur substantially as
>and Use Planning Office 23
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adjacent to the project.
3) This project 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 sewer
facilities are available at the time of application for such
sewer permits and will continue to be available until time of
occupancy. This note shall be placed on the final map,
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This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City
Council Policy No. 17, dated April 2, 1982, on file with the
City Clerk and incorporated herein by reference, and according
to the agreement executed by the applicant for payment of said
fee, a copy of that agreement, dated July i5, 1982, is on 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 approval for this project
shall be void.
The applican-t shall pay park-in-lieu fees to the City, prior to the approval. of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
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2E
All regulations of the R-E zone shall be met by all future
development within this subdivision.
The applicant shall establish a set of covenants, conditions
and restrictions which shall include the following items:
a)
b)
c)
All development shall meet the regulations of the R-E zone;
The establishment and maintenance of the open space
easements as shown on Exhibit "A", dated May 11, 1983;
A note indicating the subdivision may be impacted by
noise from airplanes landing at Palomar Airport.
Said C.C.&R's shall be submitted to and approved by the Land
Use Planning Manager prior to approval of the final map.
Ensineerina
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
The grading for this project is defined as "controlled grading
by Section 11.06.170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site
inspection and testing to insure compliance of the work with
the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties.
All slopes within this project shall be no steeper than 2:l.
Additional drainage easements and drainage structures shall be
provided or installed as may be required by the County
Dspartnent of Sanitation and Flood Control or the City Engi-
neer.
The developer shall construct desiltation/detention basins of
type and size and at locations as approved by the City Engineer. The developer shall enter into a desiltation basin maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of the
final nap for this project. Each desiltation basin shall be
serviced by an all weather access/maintenance road. The
provisions of this agreement shall apply to any off-site borro
sites which may be utilized in the construction of this projec
as required by the City Engineer.
The owner of the subject property shall execute a hold harmles
agreement regarding drainage across the adjacent property prio
to approval of the final map.
PC RES0 NO. 2124 4.
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The drainage system shall be designed to ensure that runoff
resulting from a 10-year frequency storm of 6 hours or 24 hour
duration under developed conditions, is equal to or less than
the runoff from a storm of the same frequency and duration
under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention
basin capacities necessary to accomplish the desired results.
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 encum-
brances.
All public streets shall be improved by the developer based on
the typical sections shown on the tentative map and in conformance with City of Carlsbad Standards prior to occupancy
of any buildings.
The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
and S.D.G. E. regarding services to and easements on the
property.
The applicant shall agree to utilize reclaimed water, in Type
form, on the subject property in all common areas as approved
by the City Engineer.
The reclaimed water irrigation system shall be maintained and
operated consistent with the reyuirexents of the City of
Carlsbad, under a contractual agreement with the homeowner's
association that is to give the district total assurance that
they woirld always have the ability to discharge the affluent.
Irrigation systems to accommodate future reclaimed water shall
be designed consistent with Title 17 of the California State
Administrative Code. Of fsite future reclaimed water
distribution systems should be anticipated by the installation
of adequately sized sleeves at crossing points to minimize
stree-; excavation.
Approval of this tentative tract map shall expire twenty- four
months from the date of City Council approval unless a final
map is recorded. An extension may be requested by the
applicar,t. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, th
City Council may impose new conditions and may revise existing
conditions.
Prior to the approval of the final map the applicants engineer
shall demonstrate a means of proper driveway access to all lot
with topography problems. (i. e. grade, drainage, water and ga
lines, etc.. .) . Ind-ividual lot Lines may be adjusted subject
to the approval of the City Engineer.
PC RES0 NO. 2124 5.
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The sewer system as shown on the tentative map is specifically
not approved. The complete system shall be designed in conformance with a master sewer basin concept, to the satisfaction of the City Engineer, This system shall be
designed and bonded for prior to final map approval.
Prior to final map approval the applicant shall offer to dedicate on the final map a 60 foot wide road right-of-way
from "A" street to the property south of this site. This access may be deleted should the City Engineer determine alternate access can be provided.
Prior to approval of the final map for this project, the
developer shall provide for the following:
Installation- and dedications of easements for all water
lines necessary to supply water and fire flows to this subdivision, including any upsizing necessary to serve
adjacent properties. If upsizing of service lines is necessary, reimbursement agreements may be available to help defray the additional costs. Desigr. calculations of all public facilities, i,e. sewer, water, fire, drainage, etc. Installation and dedication of easements for all sewer
facilities necessary to serve this project in the ultimate capacity, to a sewer treatment facility or main line as approved by the City Engineer.
Full width right of way dedication and full width
improvements of offsite street "B3* to the proposed College Boulevard. The offsite portion of "B" street shall be
constructed as a standard collector. The developer may
delete sidewalk on this portion.
Full width right-of-way with a 28 foot paved section for
off site ''D" street from the subdivision boundary to the proposed Cannon Road, Full width right-of-way for College Boulevard and Cannon
Road with half width improvement of both roads from the intersection of "D" street to College Boulevard €or Cannor Road and from Cannon Road to El Camino Real for College
Bocllevard . The applicant shall pay their fair share for installation of a traffic signal at "B" street and College Boulevard ar
at "D" street and Cannon Road.
The construction of the secondary access known as offsite "D"
street, Cannon Road and College Boulevard from Cannon Raod
offsite "B" street shall be commenced prior to issuance of
building permit for the 121st unit within this project and
shall be completed prior to issuance of a certificate of
occupancy for the 121st unit.
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PC RES0 NO. 2124 6.
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The applicant shall provide for the following onsite street improvements:
a) "D" Street shall be constructed as a standard collector
(60' R/W width) .
b) "B" Street from intersection "F" westerly shall be a standard collector (60' R/W width).
Prior to final map approval all required public improvements shall be bonded for, Prior to occupancy these
improvements shall be installed and accepted by the City of
Carlsbad.
Prior to final map approval, the applicant shall provide for adequate access to the Hagaman property subject to the
approval of the City Engineer.
?ire Department
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Additional public and/or onsite fire hydrants shall be required if deemed necessary by the Fire Marshall,
The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants
and onsite roads and drives subject to the approval of the
Fire Marshall.
An all weather access road shall. be maintained throughout
construction.
All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials being located on the project site.
Fire retardant roofs shall be required on all structures.
Brush clearance shall be maintained within a minimum distance of 30 feet to each residence.
All fire alarm systems, fire hydrants, extinguishing
systems, automatic sprinklers, and other systems pertinent
to the project shall be submitted to the Fire Department for approval prior to construction.
If, at the tine building permits are applied forl the
emergency fire response time to the project exceeds five minutes, all structures shall. be sprinklered to the satisfaction of the Fire Marshall. When the emergency response time to the project becomes less than five
minutes, sprinklering will no longer be required.
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rks and Recreation Department Conditions
I) The applicant shall submit a streetscape theme plan €or the project.
which are keeping in character with the rural-estate nature of
the development. This plan shall be submitted to and approved by the Parks and Recreation Director prior to the issuance of a qrading permit.
Said plan shall indicate treatment of street trees
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3) The applicant shall submit a detailed landscape plan for all slope areas slong the public rights-of-way. Said plan shall be submitted to and approved by the Parks and Recreation Director prior to the issuance of a grading permit,
lanning
he 25th
ATTEST :
PASSED APPROVED AND ADOPTED at a regular meeting of the
Commission of the city of Carlsbad, California, held on
day of May, 1983, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Marcus,
NOES : None. Rombotis, Jose, Friestedt and Rawlins.
ABSENT Commissioner Farrow.
LAED USE PLANNING MANAGER
PC RES0 NO. 2124 8.