HomeMy WebLinkAbout1983-11-01; City Council; Resolution 73931
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RESOLUTION NO. 7393
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT MAP (CT 83-16) AND LA COSTA DEVELOPMENT PERMIT
(LCDP 83-1) FOR A 171 LOT SUBDIVISION ON APPROXIMATELY 50 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF THE INTERSECTION OF
RANCHO SANTA FE ROAD AND OLIVENHAIN ROAD. APPLICANT: DAON CORPORATION
CASE NO: CT 83-16/LCDP 83-1
WHEREAS, on August 24, 1983 the Carlsbad Planning
Commission adopted Resolution No. 2169 recommending to the City
Council that Tentative Tract Map (CT 83-16) and La Costa
Development Permit (LCDP 83-1) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
September 20, 1983 and October 11, 1983, held public hearings to
consider the recommendations and heard all persons interested in
or opposed to Tentative Tract Map (CT 83-16) and La Costa
Development Permit (LCDP 83-1); and
WHEREAS, said Tentative Tract Map and Condominium
Permit have been declared to have a nonsignificant impact on the
environment and a Negative Declaration was prepared and filed on
August 15, 1983 in compliance with the requirements of the City
of Carlsbad Environmental Protection Ordinance of 1980 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. 2169 constitute the findings of the City Council
in this matter.
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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 83-16 and La Costa
Development Permit LCDP 83-1 are 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. 2169, dated August 24, 1983 marked Exhibit A,
attached hereto and made a part hereof except the following
conditions:
1. Condition #9 of Planning Commission Resolution No.
2169 is amended by the addition of the following: "Slopes owned in fee by the City adjacent to "An Street from "F" Street to Rancho Santa Fe Road shall be maintained by the homeowner's association to the satisfaction of the Land Use Planning Manager and the Parks and Recreation Director. The City Council may determine if that is necessary in the future to close
"A" Street. The maintenance obligation shall terminate at that time. The City shall have the option to sell a portion of the closed "A" Street with the adjoining slopes owned in fee for the construction of additional single family dwellings. Proceeds from the sale may be used at the City Council's discretion to fund the work necessary to close the street and any related intersection work in the vicinity necessary to accommodate the construction of Highway 680. The CC&R's shall give notice to all residents of the subdivision of this condition . It
2. Condition #39 of Planning Commission Resolution No.
2169 is amended by the addition of the following: "Construction plans shall also include designs to be
approved by the City Engineer for converting the
special intersection required by this condition to a
standard street intersection when the east side of
Rancho Santa Fe Road is constructed. The developer
shall deposit with the City sufficient funds to pay the total estimated project cost for construction of the conversion design. The funds will be kept in an interest bearing account . Total proceeds of which
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may be used to offset the cost to the City of constructing the intersection conversion."
3. Condition #40 of Planning Commission Resolution No. 2169 is amended by adding the following to the first sentence: "except as modified by condition #39."
4. Condition #42 of Planning Commission Resolution No. 2169 is amended to read as follows: "Developer shall provide half-street improvements in conformance with City of Carlsbad standards of Rancho Santa Fe Road and Olivenhain Road along the subdivision frontage based on a full right-of-way width of 102 feet. Actual
construction of the road improvements must be completed
prior to occupancy of any dwellings in the
subdivision. ''
5. Condition #48 of Planning Commission Resolution No. 2169 is amended to read as follows: "The developer shall install a fully actuated traffic signal at the intersection of Rancho Santa Fe Road and "A" Street. Installation of the signal shall occur during the first phase of the construction and must be completed prior to occupancy of any units in the subdivision."
6. New engineering conditions numbered 52A and 52B
shall be added as follows:
"52A. Construction of Highway 680 and the resultant realignment of Rancho Santa Fe Road may require the
closure of "A" Street between "F" Street and Rancho Santa Fe Road. Developer shall grant the City fee simple ownership of the land necessary for "A" Street
with adjacent slopes from llF" Street to Rancho Santa Fe
Road. Concurrent with the transfer of the fee to the
City, the City will grant slope and landscape easements
and transfer the maintenance obligation of the slopes to
the homeowner's association.
52B. The northwest property line of lot 34 shall be
adjusted along said property line from 'IF" Street to
Rancho Santa Fe Road an additional 30 feet. A fee
simple ownership shall be granted to the City by the developer .
E. Pursuant to the provisions of the La Costa Master
Plan the City Council has determined it is in the public interest
to modify the development standard for front yard setbacks for a
portion of the units. For certain lots fronting along cul de sac
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streets the City Council approves a reduction in the front yard
setback to fifteen feet from the right-of-way line as shown on
the tentative map. This modification is found to be consistent
with the master plan, the general plan and to be in protection of
the environment and the public welfare because the modification
will increase the usable rear lot areas without any overall
adverse affect on the entire subdivision."
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
AYES:
NOES: None
ABSENT: Council Member Prescott
Council Menbrs Casler, Lewis, Kulchin, and Chick
ATTEST:
L-7 5/1 &A
MARY H. ' CASLER, Mayor
A% ALETHA L. RAUTENHRANZ, City
wit:
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PLANNING COMMISSION RESOLUTION NO. 2169
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
171 LOT TENTATIVE TRACT MAP AND 170 UNIT LA COSTA
DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF THE INTERSECTION OF RANCHO SANTA FE ROAD Ab
OLIVENHAIN ROAD. APPLICANT: DAON CORPORATION
CASE NO: CT 83-16/LCDP 83-1
WHEREAS, a verified application for certain property to
A portion cf Section 2 Township 12 South, Range 4 West, 5
Bernardino Meridian and portions of Rancho Los Encinos
according to Map 848.
wit:
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 24th day of
August, 1983, hold a duly noticed public hearing as 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 and La Costa Development
Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, tk:
Commission recommends APPROVAL of CT 83-16/LCDP 83-1, based or the following findings and subject to the following conditions
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Findinss:
The project is consistent with the City's general plan since
the proposed density of 3.4 du's/acre is within the density
range of 0-4 du's/acre specified for the site as indicated on
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:
a) 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 Planning 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 determines 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 met insofar as they apply to sewer service for this project.
School fees will be paid to ensure the availability of
school facilities in the San Dieguito School District.
Also, an existing school agreement between the La Costa
Land Company (DAON) and Encinitas School District will ensure adequacy of elementary school facilities.
The dedication of park land and the payment of park-in- lieu fees is 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
enable this body to find that public facilities will be
available concurrent with need as required by the general
plan.
proposed project is consistent with the development
standards and- regulations of the La Costa Master Pian.
The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for residential development on the general plan.
RES0 NO. 2169 -2-
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6) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land Use Planning Manager on August 15, 1983 and approved by the Planning Commission on August 24, 1983.
7) The property owner has indicated that only one story buildings
would be located along the western property line.
Conditions :
Approval is granted for CT 83-16/LCDP 83-1, as shown on Exhibi
'IA", dated Auaust 24, 1983 and Exhibits "B" - "J", dated Augus
16, 1983, incorporated by reference and on file in the Land UE Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions,
This project 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 availabl to serve the subdivision.
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 sew€ 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,
This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by Cit
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 7, 1983, 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 applicant shall dedicate land to be located in Stagecoach
Park pursuant to the existing parks agreement between the La Costa Land Company (DAON) and the City of Carlsbad prior to approval of the final map for the first phase. All remaining park requirements shall be satisfied by the payment of park-in
lieu fees as required by Chapter 20.44 prior to approval of th final map for the first phase.
The applicant shall provide school fees to the San Diequito
School District 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. Also, the applicant shall comply with the requirements of the existing school agreement between the La
Costa Land Company and the Encinitas School District.
RES0 NO. 2169 -3-
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Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable City
ordinances in effect at time of building permit issuance.
The applicant shall prepare a reproducible mylar of the final
site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use
Planning Manaqer prior to the issuance of building permits.
The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictionsss. Said
CC&R's shall be submitted to and approved by the Land Use Planning Manager prior to final map approval. Said CC&R's
shall specifically address the maintenance of the slopes
adjacent to Olivenhain Road. These slopes shall be maintained to the satisfaction of the Land Use Planning Manager and -the
Parks and Recreation Director.
The applicant shall prepare a detailed landscape and irrigatic
plan wh,ich shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
A 500' scale map of the subdivision shall be submitted to the
Land Use Planning Manager prior to the recordation of the fina
map for each phase. Said map shall show all lots and street
within and adjacent to the project.
A master plan of the existing on site trees shall be provided
to the Land Use Planning Manager as part of the final grading
plan to determine which trees shall be required to be preserved prior to the issuance of a grading permit or a
building permit, whichever occurs first.
All landscaped areas shall be maintained in a healthy and
thriving condition, free fron weeds, trash, and debris.
Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs.
All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the soun
buffered from adjacent properties and streets, pursuant to
Building Department Policy No. 80-6, to the satisfaction of th
Land Use Planning Manager and Building and Planning Director.
The applicant shall submit a street name list con.sistent with
the City's street name policy subject to the Land Use Planning
Manager's approval prior to final map approval for each phase.
All panhandle lots shall provide three on-site parking spaces
to the satisfaction of the Land Use Planning Manager.
All garages facing the street shall be setback at least 20
feet from the front property line.
PC RES0 NO. 2169 -4-
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19 Prior to issuance of a grading permit the applicant shall
perform the following archeological survey work to the
satisfaction of the Land Use Planning Manager:
Site - W-920
1. Three 1 x 1 meter excavation units.
2. Evaluation of any artifacts uncovered by these
excavations.
Site - W-921
1. Surface mapping and collection of all artifacts.
2. Three to five 1 x 1 meter excavation units.
3. Evaluation of any artifacts uncovered by these
excavations.
Prior to issurance of a grading permit the applicant shall
submit a detailed protection plan for the open meadow north of
the northwestern corner of the site, subject to the approval of the Land Use Planning Manager.
Prior to issuance of a grading permit the applicant shall
submit a detailed protection plan for the mature Coast Live
Oak Trees to assure that they are not damaged during the
grading of the subject property, subject to the approval of
the Land Use Planning Manager.
Lots 71 - 78 shall maintain a 25 foot front yard setback from
the back of of the sidewalk.
The landscaping of the slopes adjacent to Olivenhain Road and
Rancho Santa Fe Road shall be compatible with the existing slope landscaping of the Ponderosa project to the satisfactioc of the Land Use Planning Manager.
Enuineerinu Conditions:
24) The final map for Phase I shall record prior to the final map
for Phase 11.
25) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
26) 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 Citk
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
PC RES0 NO. 2169 -5-
27) Upon completion of grading, the developer shall insure that an
"as-graded" geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contou map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record.
29) Prior to the issuance of a grading permit, the haul route shal:.
be submitted for review and approved by the City Engineer. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site
if located within the city limits.
30) All slopes within this project shall be no steeper than 2:l.
31) Additional drainage easements and drainage structures shall be
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer.
The developer shall pay the current local drainage area fee
prior to approval of the final map for each phase or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by thli City Engineer.
32)
28) No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
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33) 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 map for each phase 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 borrow sites which may be utilized in the construction of
this project as required by the City Engineer.
34) The owner of the subject property shall execute a hold harmles
agreement regarding drainage across the adjacent property for
the entire development prior 'to approval of the final map for
the first phase. I
35) 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.
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Land for all public streets and easements shown on the ten-
tative map shall be dedicated at the time of final map approva
for the phase in which they are located and shall be granted to City free and clear of all liens and encumbrances.
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.
Direct access rights for all lots abutting Rancho Santa Fe Roa
and Olivenhain Road shall be waived on the final map for the first phase. Direct access rights for all lots abutting Mission Estancia shall be waived on the final map for the second phase.
The west side of Rancho Santa Fe Road shall be widened and
striped to provide a separate north bound left turn lane into
"A" Street. The widening and striping shall extend approximately 600 feet north and 400 feet south of the inter-
section of "A" Street and Rancho Santa Fe Road. These improve
ments shall be constructed concurrently with the improvement of any portion of "A" Street. The design and construction of
these improvements shall be approved by the City Engineer.
The developer shall construct a half median along the project's frontage on Rancho Santa Fe Road. The landscaping and island surface texture shall be subject to the approval of
the City Engineer and Parks and Recreation Director.
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.
Rancho Santa Fe Road shall be improved by the developer along
the subdivision frontage based on a centerline to curb face width of 51 feet and in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
The developer shall install street lights along all public and
private street frontages in conformance with City of Carlsbad Standards.
The developer shall install street trees at the equivalent of
40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees shall
be of a variety selected from the approved Street Tree List.
The developer shall install sidewaAks along all public street
frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
The developer shall install a wheelchair ramp at the public
street corner abutting the subdivision in conformance with Cit
of Carlsbad Standards prior to occupancy of any buildings.
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55) All required fire hydrants, water mains and appurtenances shall
be operational prior to combustible building materials being located on the project site.
The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
The developer shall install a fully actuated traffic signal at
the intersection of Rancho Santa Fe Road and "A" Street. The
developer shall enter into a traffic signal improvement agree- ment and post a bond for the signal at the time of final approval for the first phase. Installation of this signal
shall be at a time as determined by the City Engineer.
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 applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, thc
City Council may impose new conditions and may revise existing conditions.
All public streets shall comply with the standards of the Engineering Department as contained in the Standard Design Criteria Manual unless a variance to these standards is
approved by the Planning Commission.
The owner shall dedicate and bond for the improvement of the full half width section of Mission Estancia West along the entire subdivision frontage prior to the final map aproval of
the second phase. This street shall be constructed when the City Engineer determines that it is appropriate.
pire Department:
52) Additional public and/or on site fire hydrants shall be re-
quired if deemed necessary by the Fire Marshall.
j3) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and 01 site roads subject to the approval of the Fire Marshall.
j4) An all weather access road shall be maintained throughout
construction.
56) Brush clearance shall be maintained within a minimum distance of 30 feet to each residence.
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57) 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
?lanning Commission of the City of Carlsbad, California, held on thc
24th day of August, 1983, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners Rombotis, Farrow, Lyttleton, Friestedt and Rawlins.
NOES : None.
ABSENT: Commissioner Marcus
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
iTTEST:
LAND USE PLANNING MANAGER
'C RES0 NO. 2169 -9-