HomeMy WebLinkAbout1987-07-28; City Council; Resolution 9177$ 1
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RESOLUTION NO. 9177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CARLSBAD TRACT NO. 83-19, INCLUDING PUD 56, SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, Section 66473.5 oftheSubdivisionMapActprovides
that a tentative subdivision map may not be approved unless it
is consistent with all applicable general and specific plans; and
WHEREAS, the City Council of the City of Carlsbad on the
4th day of September, 1984, adopted Resolution No. 2289 approving,
with conditions, Tentative Map Carlsbad Tract No. 83-19; and
WHEREAS, Tentative Map Carlsbad Tract No. 83-19 is now
inconsistent with the General Plan of the City of Carlsbad because
the City Council has found that public facilities are inadequate;
and
WHEREAS, said tentative subdivision map will expire on
May 7, 1987, and the applicant has requested an extension of
time which cannot be approved unless the subdivision can be brought
into conformity with the General Plan; and
WHEREAS, the addition of certain conditions of approval
to the subdivision will allow it to be found to be in conformity
with the General Plan and the Developer has requestedthe imposi-
tion of such conditions and agreed to comply with them; and
WHEREAS, the approval of an extension of Tentative Map
Carlsbad Tract No. 83-19 subject to such conditions, in lieu of
denial of the map, will allow the project to go forward avoiding
the unnecessary delay to the City and to the developer involved
with denial and the new application which would then be approved
subject to the same set of conditions; and
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WHEREAS, both the developer and the City wish to extend
the map subject to the additional conditions;
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 Tentative Map Carlsbad Tract No. 83-19, including
6 is hereby extended for one year from May 7, 1987 to May 9,
1988, subject to the execution and fulfillment of all conditions
of Resolution No. 2289 and the following additional conditions:
Planninq Conditions
1.
2.
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5.
6.
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.
The developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director.
All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks andstreets.
Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color.
If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged, this
approval shall be suspended as provided in Government Code Section 65913.5. If any condition is determined
to be invalid, this approval shall be invalid unless the City Council determines that the project, without the condition, complies with all requirements of law.
The developer shall offer for dedication, free and clear of liens and encumbrances, Village E-2. This shall include the 7.471 acre park site, Phase I1 of the Calavera Hills Park, and the 0.445 acre fire station site. Grant deeds and documents required
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for dedication shall be delivered to the City Engineer
within thirty (30) days of approval of this extension. Failure to fulfill this condition shall make this extension null and void.
7. Prior to issuance of a grading or building permit, whichever comes first, a soils report shallbeprepared submitted to the City of Carlsbad. If the soils report indicates the presence of potential fossil bearing material, then a two phased program shall be undertaken to avoid possible significant impacts on paleontological resources.
A. Phase I shall consist of a qualified paleon- tologist doing a literature and records search,
surface study, subsurface testing if necessary, therecordationofanysites, andarecommendation regarding the need for further work.
B. If it is determined during Phase I that further
work is necessary, it shall consist of the fol- lowing :
1. A qualified paleontological monitor shall
be present at the pregrading conference with the developer, grading contractor, and the environmental review coordinator. The purpose of this meeting will be to consult and coordinate the role of the paleontologist in the grading of the site. A qualified paleontologist is an individual with adequate knowledge and experience with fossilized remains likely to be present to identify them in the field and is adequately experienced to remove the resources for further study.
2. A paleontologist or designate shall be
present during those relative phases of grading as determined at the pregrading conference. The monitor shall have the authority to temporarily direct, divert or halt grading to allow recovery of fossil remains. At the discretion of the monitor, recovery may include washing an picking f soil samples for micro-vertebrate bone and teeth. The developer shall authorize the deposit of any resources foundontheproject site in an institution staffed by qualified
paleontologists as may be determined by the Planning Director. The contractor
shall be aware of the random nature of
fossil occurrences and the possibility of a discovery of remains of such scientific and/or educational importance which might warrant a long term salvage operation or
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preservation. Any conflicts regarding the role of the paleontologist and/or recovery times shall be resolved by the Planning Director.
8, Prior to issuance of a grading permit, the following shall be done to mitigate the destruction of the archeological site existing on this property:
A.
B.
C.
D.
E.
F.
9. The the
Preparation of a surface map of the artifacts and associated ecological information,
The excavation of a test area to determine the nature and extent of any subsurface components which may exist in this area. One such test which has proved successful in similar situations is the systematic rectilinear posthole test.
Based on the results of this test, it may be necessarytoperformamoreextensiveexamination. This test should be oriented toward obtaining a reliable sample of the site area and in assessing the variation present with the deposit.
A report summarizing findings and the work per- formed must be prepared. This document should evaluate the research potential of the resource as well as discuss the inter-relationship of the sites found in the region. It should
integrate these resources on the local, regional, and area level,
Copies of the notes, photographs, records, and final report should be submitted to local data repositories.
All work should be photo-documented,
applicant shall comply with all provisions of Carlsbad Municipal Code Section 21.90 Growth Management. No final map or development permits or building permits may be approved until the following occurs :
A. A Local Facilities Management Program is approved
by the Carlsbad City Council for Zone 7.
B. All existing public facilities deficiencies identified by this plan within Zone 7 or impacted by Zone 7 are mitigated,
C, The tentative tract map shall be revised to lower the density of this project to 3.2 du/ac the Growth Control Point of the RLM General Plan Designation in which it is located.
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10.
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The tentative map as extended shall comply with the following:
A,
B.
C,
D.
Chapter 21.95 (Hillside Development Regulations) of the Carlsbad Municipal Code.
Chapter 21.45 (Planned Development Ordinance) of the Carlsbad Municipal Code, as revised on November 18, 1986.
No density credit shall be given for slopes in excess of 40%, power line easements and the College Avenue right-of-way. Only 50% density credit shall be given for 25-40% slopes.
Compliance with A, B and C, above, may require redesign ofthe subdivision. Prior to proceeding with the final design, the applicant shall submit a revised tentative map for review and approval of the Planning Commission to ensure substantial conformance with the character of the original tentative map,
Prior to approval of any final maps for this project, a parcel map shall be filed to make Village I, the Recreational Vehicle Storage Area, a separate legal parcel. This property shall be conveyed in fee free and clear of monetary encumbrances to the Calavera
HillsRecreationalVehiclePark, acalifornianonprofit mutual benefit corporation, prior to the recordation of any final maps for this project.
The Homeowners Association of this subdivision shall activelyparticipate intheCalaveraHillsRecreationa1 Vehicle Park, nonprofit mutual benefit corporation.
Prior to the recordation of any final maps for this project, the owner of the property shall enter into a reimbursement agreement with Pacific Scene for the cost of the construction of the recreational vehicle storage area based on the number of existing and future units in the Calavera Hills Master Plan area.
Prior to recordation of any final maps for this prop-
erty, the owner of the property shall agree to comply with the requirements of construction reimbursement agreement between the City of Carlsbad and Pacific Scene approved on October 15, 1985.
Ensineerins Conditions
15. No gradingpermits shall be issued forthis subdivision prior to recordation of the final map.
16. All slopes within this project shall be no steeper than 2:l.
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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 hours durationunderdeveloped conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing devel- oped conditions. Both 6 hour and 24 hour storm dura- tions shall be analyzed to determine the detention basin capacities necessary to accomplish the desired result.
Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provideadequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements
shall be approved by the City Engineer prior to issuance of grading or building permit.
This project is located within the Buena Vista Lagoon management plan. All development design shall comply with the requirements of that plan.
Unless a standardvariancehasbeen issued, novariance from City Standards is authorizedbyvirtueofapproval of this tentative map.
The developer shall construct private street accesses to public streets in such a way as to clearly designate that the private streets are not a portion of the public street system. The developer shall place a plaque-type sign with the legend PRIVATE STREET BEYOND
THIS POINT, at the access point to private streets from public streets. The script on the sign shown above shall be capital letters of a size and contrast such as to be readable for a normally sighted person at a distance of 20 feet. The provisions of this condition shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of
Occupancy for any portion of this project.
The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein
and to distribute the costs of such maintenance in an equitable manner among the owners of the units within the subdivision.
All concrete terrace drains shall be maintained by the homeowner'sassociation (ifnocommonlyownedproperty) or the individual property owner (if on an individually owned lot), An appropriatelyworded statement clearly identifying the responsibility shall be placed in the CC&R1 s .
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C.
altered as
deleted.
deleted.
The subdivider shall provide separate sewer, water, gas and electric services with meters to each of the units.
The developer shall be responsible for coordination
with SDG&E, PacificTelephone and Cable TVauthorities.
All sewer discharge shall be conveyed through sewer lines located within the City of Carlsbad. Lines shall be gravity flow to the pump station located east of Village "T".
That the following conditions shall be deleted or
follows:
1. Condition No. 4 of Resolution No. 2289 shall be
The following condition shall be substituted:
4. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on April 22, 1986 and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan
and to fulfill the subdivider's agreement to pay the public facilities fee dated July 7th, 1987 and the agreement to pay the
Growth Management Fee dated July 7th, 1987,
copies of which are on file with the City
Clerkandare incorporatedbythis reference. If the fees are not paid, this application
will not be consistent with the General Plan and approval for this project shall be void.
2. Condition No. 25 of Resolution No. 2289 shall be
The following condition shall be substituted:
25. 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.
Prior to hauling dirt or construction materials to any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City
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Engineer may impose with regards to the hauling operation.
3. Condition No. 30 of Resolution No. 2289 shall be
deleted. The following condition shall be substituted:
30. The developer shall construct desiltation/ detention basins prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
D. That the Agreement for Waiver of Prohibition against
the imposition of conditions upon the approval of an extension of
a tentative subdivision map between Vernon Savings and Loan
Association, FSA, and the City of Carlsbad, dated April 9, 1987,
on file in the Office of the City Clerk, is approved, and the
Mayor is authorized to execute such agreement on behalf of the
City.
E. That this extension is approved in reliance upon said
agreement. Any legal challenge to or failure to perform said
agreement or the conditions of this resolution shall render
this approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 28th day of July f
1987, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
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ATTEST : ud. /a
ALETHA L. RAUTENKRANZ, Cit9 Clerk (SEAL)
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