HomeMy WebLinkAbout1984-06-19; City Council; Resolution 7638RESOLUTION NO. 7638
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE
TRACT MAP (CT 83-25) AND MOBILE HOME PARK PERMIT (MHP 83-2) FOR 113 UNITS ON 29 ACRES OF PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL IMMEDIATELY NORTH OF CARSLBAD RESEARCH CENTER. APPLICANT: CAMINO HILLS.
CASE NO. : CT 83-25/MHP 83-2
WHEREAS, on May 9, 1984, the Carlsbad Planning
Commission adopted Resolution No. 2296 recommending to the City
Council that Tentative Tract Map (CT 83-25) and Mobile Home Park
Permit (MHP 83-2) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
June 5, 1984, held a public hearing to consider the
recommendations and heard all persons interested in or opposed tc
Tentative Tract Map (CT 83-25) and Mobile Home Park Permit (MHP
83-2); and
WHEREAS, an Environmental Impact Report EIR 83-9 has
been prepared for said Tentative Tract Map and Mobile Home Park
Permit and has been certified in compliance with the requirement;
of the California Environmental Quality Act and the City of
Carlsbad Environmental Protection Ordinance of 1980;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. The the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 2296 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 83-25) and Mobile Home
Park Permit (MHP 83-2) 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. 2296, dated May 9, 1984, marked
Exhibit A, attached hereto and made a part hereof;
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
19th day of June , 1984 by the following vote, to wit:
AYES : Council mrs Casler, Lewis Xulchin, Chick and Prescot
NOES: None
ABSENT: NOW
I MARY H. PASLER, Mayor
ATTEST:
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PLANNING COMMISSION RESOLUTION NO. 2296
A RESOLUTION OF THE PLANNING COMMISSION OF THE
APPROVAL OF A TENTATIVE TRACT MAP AND 113 UNIT
hOBILE HOME PARK PERMIT ON 29 ACRES GENERALLY
LOCATED ON THE WEST SIDE OF EL CAMINO REAL IMMEDIATELY NORTH OF CARLSBAD RESEARCH CENTER. APPLICANT: CAMINO HILLS CASE NO: CT 83-25/MHP 83-2
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
WHEREAS, a verified application for certain property to
wit: All that portion of Lot “F” of Rancho Agua Hedionda in the County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County
Recorder of said County
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 9th day of
May, 1984, 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 Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 83-25/MHP 83-2, based on the following findings and subject to the following
conditions:
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ind ings :
The project is consistent with the City's general plan since
the proposed density of 3.75 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
the 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
appropriate 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 satisfied 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.
The Carlsbad School District has written a
letter, dated September 2, 1983, stating that school facilities will be available to this project.
Park-in-lieu fees are required as a condition of ap-
proval .
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 City's Mobile -- Home Park Ordinance.
The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for residential development on the general plan.
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That all significant impacts have been mitigated, or the
project has been changed so as to mitigate these impacts, as
described below:
Geology/Grading Impact: A possible ancient landslide has been
identified, covering approximately half the
site. This area may be susceptible to slope
failure.
Mitigation: The project has been conditioned so as to
reduce the likelihood of bvement in this area. Such measures will include
buttressing and other common engineering
techniques.
Biological Resources
Impact: Two rare and endangered species exist
Mitigation:
Land Use
Impacts :
Mitigation:
Impacts :
Mitigation:
onsite. The San Diego Thornmint species is located
in a natural open space area onsite. The
Brodiaea Filifolia species will remain partially undisturbed and partially transplanted onto an onsite fenced preserve
area.
Approximately 3 acres of the project lies
within the PI land use designation.
The project has been redesigned to avoid
this area.
The project does not incorporate design features which would justify the requested density.
The project has been redesigned to include
these features .
Traffic Circulation
Impacts: The proposed on site circulation is in
Mitigation: The project has been redesigned to
conflict with the City's roadway design standards .
incorporate City roadway design standards.
onditions:
) Approval is granted for CT 83-25, as shown on Exhibits "Br, nC", and "D", dated May 9, 1984, incorporated by reference and
on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these cond it ions.
) 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
available to serve the subdivision.
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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.
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 May 27,
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 applicant 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.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable Citj ordinances in effect at time of building permit issuance.
This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval.
Water shall be provided to this project pursuant to the Water Service Agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983.
Land Use Planninq Conditions:
9) 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 Manager prior to the issuance of building permits.
10) The applicant shall establish a homeowner's association and corresponding covenants conditions and restrictions Said
CCLR's shall be submitted to and approved by the Land Use Planning Manager prior to final map approval. Said CC&R's shall include provisions guaranteeing the maintenance of all common areas.
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The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Lanl
Use Planning Manager prior to the issuance of building permits. This plan shall include special treatment along the
El Camino Real frontage, including extensive landscaping, mounding, and decorative walls.. The overall slope along this frontage shall vary from 2:l to 4:l.
A 500' scale map of the subdivision shall be submitted to the Land Use Planning Manager prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project.
All landscaped areas shall be maintained in a healthy and thriving condition, free from 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.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planninc Manager.
All roof appurtenances , including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction 0: the Land Use Planning Manager and Building and Planning Director .
Approval of Tentative Tract No. CT 83-25/MHP 83-2 is granted subject to approval of Zone Change 290.
The developer shall hire a biological expert to transplant an( salvage, to the greatest extent possible, the Brodiaea
Filifolia plant populations. This transplantation process shall be accomplished into a fenced biological area as approved by the Land Use Planning Manager. This shall be done prior to the issuance of grading permits. The developer
shall dedicate this area as a permanent open space easement at the time of recordation of the final map.
Noise generated from El Camino Real and College Boulevard
shall be attenuated to a level no higher than 65 DBA as measured anywhere within the boundaries of the mobile home park.
Enqineering Conditions:
20) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
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The grading for this project is defined as "controlled grad- ing" 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 Citj Engineer and verify compliance with Chapter 11 -06 of the
Carlsbad Municipal Code.
Upon completion of grading, the developer shall insure that ill "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 con- tour 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.
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.
The developer shall place the following notes on the final map : Geotechnical Caution:
1) The possible existence of ancient landslides within the boundaries of this subdivision has been noted in the Environmental Impact Report for this subdivision. 2) Mitigation measures to alleviate the hazards associated
with the possible landslides have been required as a condition of approval for the tentative map for this subdivision.
3) The owner of this property on behalf of itself and all of
its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance .
The developer shall execute an agreement which satisfies Condition No. 24 Article 3. The agreement shall be of a form and content satisfactory to the City Council. City Council approval of said agreement shall be obtained prior to filing
the final map.
The developer shall have a full-scale soil investigation and geological reconnaisance, including the excavation of a minimum of seven borings , performed prior to preparation of improvement plans. The improvement plans shall reflect and
incorporate the findings and mitigation measures of the geotechnical investigations.
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Additional drainage easements and drainage structures shall b, provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi-
neer. The developer shall construct desiltation/detention basins of a 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 thc final map 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 thi project as required by the City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map.
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.
Improvements including, but not limited to, the following items shall be installed by the developer and approved by the City Engineer prior to filing the final map. Alternately, thc installation of said improvements shall be guaranteed by a security agreement obtained by the developer in an amount and -- a type required by the Carisbad Municipal Code. To wit:
Domestic water facilities including water mains and laterals on and off site. Sanitary sewer facilities including sewer mains, laterals and pump station(s) on and off site.
All improvements shown on the tentative map including private facilities. Slippery Hill Lane from El Camino Real to the project boundary to Collector Street standards except that the
curb, gutter and sidewalk may be omitted, the paved width may be reduced to 28 feet, R7-1 "no parking" signs shall be provided on both sides, and asphalt berms shall be provided on both sides. One half width plus a 12 foot wide lane improvements to Collector Street Standards for the portion of Slippery
Hill Lane fronting the project site. Storm sewer facilities including valley gutters, inlet structures, storm drains, discharge structures, desiltation basin(s), drainage ditches, and erosion protection on and offsite. Street trees for all streets required to have sidewalks b:
these conditions. Street lights for all streets required by these conditions.
Fire access road constructed as a 20 foot wide commercial
driveway at the easterly corner of the project. The driveway shall be gated at each end. The gates shall be locked with Nox locks.
NO. 2296 -7-
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j) One half street improvements to prime arterial standards for the portion of El Camino Real fronting the project. Median improvements shall be omitted from this item.
The developer shall exercise special care during the construction phase of this project to prevent any off-site siltation. The developer shall provide erosion control measures and shall construct temporary des il t at ion/de tent ion basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to
the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain
the temporary basins and erosion control measures for a perioc of time satisfactory to the City Engineer and shall guarantee
their maintenance and satisfactory performance through cash
deposit and bonding in amounts and types suitable to the City Engineer .
Direct access rights for all lots abutting El Camino Real and Slippery Hill Lane shall be waived on the final map, except for the approved access points as shown on the Tentative Map.
The developer shall design the following improvements . The developer shall obtain the City Engineer's approval of the plans, pay all associated fees and provide a surety agreement in an amount and of a type required by the Carlsbad Municipal
Code to guarantee the installation of the improvements shown on the plans. To wit:
a) Right in/out only island, lanes, signs, and striping at
the intersection of El Camino Real and Slippery Hill Lane.
b) One half median improvements to prime arterial standards for the portion of El Camino Real fronting the project. c) Cul-de-sac, demolition and removal of the right in/out only island, lanes and striping of item (a) preceding and landscaping the portion of El Camino Real vacated by said demolition and removal.
The CCbR's shall contain a waiver of the right to object to
the eventual closing and cul-de-sacing of Slippery Hill Lane.
The design of all private streets and drainage systems shall
be approved by the City Engineer prior to approval of the final map. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan chec and inspection fees shall be paid prior to approval of the
final map.
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Cut and fill slopes at intersections shall be pulled back fro1 the curb line to provide sight distance in conformance with City standards .
All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This respon- sibility shall be clearly stated in the CC&R's.
Prior to recordation of any final map for this development,
the owner shall give written consent to the annexation of the area shown within the boundaries of the Tentative Map into the existing City of Carlsbad Street Lighting and Landscaping District No. 1.
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,
the City Council may impose new conditions and may revise existing cond it ions .
The panhandle portion of the approximately 1.75 acre area at the westerly corner of the subdivision shall be joined to the common area laying to the northeast. The remaining triangular portion shall be joined to the approximately 12.8 acre area at the southerly corner of the subdivision.
This subdivision contains a remainder parcel. No building permit shall be issued for the remainder parcel until public access satisfactory to the City Engineer is provided and a development plan is approved by the City. This note shall be placed on the final map.
This subdivision is not a condominium subdivision and this fact shall be indicated on the final map.
Fire Conditons:
45) Additional public and/or on site fire hydrants shall be re-
46) An all weather access road shall be maintained throughout
quired if deemed necessary by the Fire Marshall.
construction.
47) All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials being located on the project site.
48) Adequate emergency vehicle turn-arounds shall be provided by 2 cul-de-sac or a hammerhead when driveway is more than 150 feet deep from property line at street.
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All private streets shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal
Code .
Fire retardant roofs shall be required on all structures.
The developer shall submit a 400 scale street map of the project to the fire marshal prior to the issuance of building permits .
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 9th
ATTEST:
day of May, 1984, by the following vote, to wit:
Schlehuber , Marcus , Farrow and Smith. AYES : Chairman Rombotis, Commissioners Rawlins,
NOES : None.
ABSENT : None.
ABSTAIN: None.
JERRY ROMBOTIS, Chairman
CARLSBAD PLANNING COMMISSION
MICHAEL J. HOxZMILm
LAND USE PLANNING MANAGER
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