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HomeMy WebLinkAbout1979-07-11; Planning Commission; Resolution 1530- .I a II w w 1 2 3 4 I 5 6 7 a 9 10 11 12 13 14 15 16 1'7 18 19 I PLANNING COMMISSION RESOLUTION NO. 1530 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING AP- PROVAL OF A REVISION TO PREVIOUSLY APPROVED SUBDIVISION CT 76-7 (RANCHO LA QUESTA PHASE 5, THE SEAPORT) . CASE NO. : CT 79 -4 APPLICANT : DONALD B. AYERS, SR. WHEREAS, a verified application for certain property, to The south 4 of Section 26, Township 12 South, Range 4 West, San Bernardino Base, excepting therefrom that portion lying East of the West line of Road Survey 1800-1 (El Camino Real) and the West 4 of the Southwest % of Section 26, 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, an Environmental Impact Report (EIR-106) has be( certified for the previous entitlement (CT 72-34), which incli Phase 5, and said project (CT 79-4) has been found to be in prior compliance with the Carlsbad Environmental Protection Ordinance; and 20 21 22 23 24 25 26 27 WHEREAS, the Planning Commission did, on the 27th day of June, 1979, hold a duly noticed, public hearing as prescribed law, to consider said request; and WHEREAS, at said public hearing, upon hearing and consid the testimony and arguments, if any, of all persons who desir to be heard, said Commission considered all factors relating the Carlsbad Tract (CT 79-4) and found the following facts an reasons to exist: 28/( // .: ., I' I1 W - 1 I> 2 3 2, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 3) 19 I 20 21 22 23 24 25 26 27 28 4) 5) The proposed map is consistent with the General Plan sinc the project's density falls within the range allowable un' the current General Plan land use designations. The design and improvement of the proposed subdivision is consistent with the General Plan since: a) The map revisions will enhance circulation within th subdivision. b) The proposed circulation system will adequately hand traffic generated by the subdivision. The proposed tentative tract map is consistent with appli City Public Facilities Policies and Ordinances because: a) The Planning Commission finds that sewer service is available for this development as of the date of the approval. However, sewer service may be available j future. The Planning Commission will by inclusion c appropriate condition to this Tentative Subdivision approval, insure that the final map will not be appl unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Cmssion. will add a condition that a note be placed on the final map providing that building permits for lots in the subdivision unless the City Engineer determines that sewer service is available Since.the final map cannot be approved unless sewer service is available and building cannot occur with: the subdivision unless sewer service remains availal the Planning Commission is satisfied that the requirements of the Public Facilities Element of thl General Plan have been met insofar as they apply to this Tentative Subdivision Map approval. b) All other public facilities are available or will be required by conditions of approval. The site is physically suitable for the type and density development since the site is adequate in size and shape accommodate residential development at the proposed dens The design of the subdivision and required improvements not cause any substantial environmental damage or, sub- stantially and avoidably injure fish or wildlife or thei habitat since: a) The project has been found to be in prior complianc with a previously certified environmental impact re (EIR-106) since it will result in only minor street modifications and require less grading. b) Adequate mitigation measures to reduce environment impacts are required as part of the project. -2- *. W w 1 2 c) The map revision would reduce the amount of grading necessary. 6) The design of the subdivision and type of improvements wi project will be developed according to City Codes and sta 3 ards. 4 not cause any serious public health problems since the 5 7) The design of the subdivision and type of development wil division since no public easements exist on the property for access through or use of the property within the sub- 6 not conflict with easements acquired by the public at lar 7 this time. 8 8) The remaining time to the expiration of this tentative mz shall be set at 324 days from the lifting of the sewer Municipal Code. WHEREAS, the Planning Commission by the following vote 9 moratorium pursuant to Section 20.12.100 of the Carlsbad 10 ''11 APPROVED CT 79-4, subject to certain conditions: 12 13 1. The approval is granted for the portion of land describec 2. The applicant shall ensure adequate noise attenuations fc 15 6/5/79, on file in the Planning Department. 14 the application, and as shown on Exhibit "A", CT 79-4, dz all portions of the site subject to ambient noise levels 16 excess of 65 dB(A), subject to the approval of the Plann Director and in accordance with the noise element of the 17 General Plan. 18! 3 . Park-in-lieu fees shall be paid to the City of Carlsbad park purposes as required by the Parks and Recreation Di 19 /I 1 4. All areas within the subdivision shall be designated as 20 I1 legal lot or public right-of-way. 21 22 23 24 25 26 27 28 5. All utilities, including provisions for Cable TV, shall placed underground and/or completely concealed from view 6. At the time of filing for a final map, the applicant sha provide the Planning Director with a list of at least tb alternate street names for the proposed street current13 labeled "Wisteria Court" on Exhibit A, dated 6/5/79. Tk street names shall conform with the current City Council policy regarding names. All other street names shall be designated concurrent wj final map filing, in accordance with the adopted City st name ordinance and subject to the approval of the Plannj Director. -3- ,I -4 /I w w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 2o I 21 22 23 24 25 26 27 28 ~ I I 7. a. 9. 10. 11. 12. 13. 14. I I Minimum 15 gallon street trees shall be planted on all streets. Said trees shall be of a variety listed on the current tree list, and planted at a standard of no less than one tree per forty feet. In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain pa vehicular access to all buildings, and adequate fire hydr with required fire flows shall be installed as recommendel the Fire Department. Additional right-of-way shall be dedicated and street imp ments made to provide a standard 126 foot street section including a Class I1 (striped) bike land for El Camino RE from the northern boundary of the subdivision to Arena1 I; The subdivider shall also provide for the dedication and improvement of a transitional section of roadway from Are Road southward bound on El Camino Real to the satisfactic of the City Engineer. All public improvements shall be made in conformity to tk City of Carlsbad Engineering Design Criteria and Standart Plans, the Subdivision Ordinance and other City standards approved by the City Engineer, without cost to the City c Carlsbad, and free of all liens and encumbrances. All in ment plans for water and sewer system shall meet the reql ments of the respective service districts. The storm drainage shall be designed per the requirement: City Engineer and the San Diego County Flood Control Dis, The final storm drain design shall be in substantial con mance with the storm drain system as shown on Exhibit "A dated 6/5/79. All drainage easements shall be improved by a culvert or drainage channel of adequate size, whichever is required by the San Diego County Department of Sanitation and Flol Control. Where a drainage channel is required, such cha shall be lined with a suitable material as specified by County Department of Sanitation and Flood Control. An a easement shall be provided to each drainage system maint ance access point directly accessible from a public road way. Said access easement shall be paved and aligned to satisfaction of the County Department of Sanitation and Flood Control and the City Engineer. Additional drainage easements and drainage structures sk be provided or installed as may be required by the Count Department of Sanitation and Flood Control and/or the Cj Engineer. A desilting basin, within an adequate easement, and desj to the satisfaction of the County Department of Sanitatj and Flood Control and the City Engineer will be requirec the outlet of the major drainage facility. -4- W w ?, 1 2 15. 4 3 6 5 7 8 9 10 11 12 18. 13 14 15 16 19. 17 16. 17. l8 I 19 1 20. 20 21 22 23 24 21. 25 22. 26 28 27 The subdivider shall post a separate grading and erosion control bond for the construction and maintenance of the desiltation basin, Upon acceptance of the public improve ments for this subdivision the developer shall substitute sufficient bond, as determined by the City Engineer, for continued maintenance and eventual removal of the desilta basin. This bond shall be retained by the City until SUC time as the City Engineer determines the slopes have beer: satisfactorily stabilized and the desiltation basin has either been removed or is accepted for maintenance by the pursuant to the recommendation of the master drainage plz presently being compiled for the City. All drainage and grading plans shall be submitted to the City Engineer for approval. Cut and fill slopes shall bc a maxizum of 2:l. Immediately upon the completion of grading, all slopes within the crosshatched area, as indicated on Exhibit "A' CT 79-4, dated 6/5/79, shall be stablized by hydroseedinc mulching and fertilization. The hydroseed mix shall be designed by an expert in the field and shall be subject to the approval of the Parks i Recreation Director. The seed mix shall be designed so , to include the maximum number of native plant species as feasible, without reducing the effectiveness of the eros protection. The contractor shall submit proof of plant species and quality of seed mix. The hydroseeding, mulch and fertilization design shall bm determined by an expert in the field, based on a soil analysis of the slopes taken at a maximum interval of 50 feet. In no case shall the mulch be applied at less tha 2000 lbs/acre or the fertilizer at less than 1000 lbs/ac The developer shall obtain the approval of the Planning Director for a detailed landscape and irrigation plan pr to final map approval. The irrigation system shall be installed immediately upon completion of rough grading. The irrigation plan shall provide for temporary water co nections to be made prior to the installation of the req subdivision improvements. All land and/or easements requird shall be granted w t City of Carlsbad without cost to the City, and free of a liens and encumbrances. No easements shall be recorded to recordation of each final map m less approved by t k Engineer. Arena1 Road shall be dedicated and improved on the basis a full 84 foot street section including a Class I1 bike in conformance with the circulation element of the Gene1 Plan. Improvements shall be constructed from El Camino -5- .< ' . " *. ll I, e w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 I' to the west side of Columbine Drive subject to the approvi of the City Engineer. Dedication shall be for the entire Arenal Road within the subdivision boundary, and the applicant shall provide off-site street right-of-way when the street overlaps to the south boundary of the subdivis 23. Dedication of Arenal Road shall include a waiver of direc access rights from all lots shown on the final map abutti: thereon. 24. The applicant shall dedicate a 20 foot open space easemen the bank at th rear of lots backing up to El Camino Real. 25. The development of the property described herein shall be subject to the restrictions and limitations set forth her which are in addition to all the requirements, limitation and restrictions of all municipal ordinances and state an federal statutes now in force, or which, hereafter, may b in force, for the purpose of preserving the residential characteristics of adjacent properties. 26. The applicant shall provide adequate methods of dust con1 conforming to the City of Carlsbad's standard specificatj during all phases of construction. 27. Prior to the recordation of the final map, the subdivide] shall enter into a secured agreement for the completion ( one quarter of the cost of a traffic signal at the inters of Arenal Road and El Camino Real. 28. Fire hydrants shall be installed at locations and with f: rates approved by the Fire Chief or his representative. 29. This subdivision is approved on the express condition thi final map shall not be approved unless the City Council : as of the time of such approval that sewer service is avi to serve the subdivision. 30. This subdivision is approved upon the express condition ' building or grading permits will not be issued for devel on the subject property unless the City Engineer determi that sewer facilities are available at the time of appli for such permit and will continue to be available until of occupancy. If the City Engineer determines that sewe facilities are not available, building permits will not issued .- 31. This Tentative Subdivision Map shall be subject to any further approval as may be necessary in connection with such plan for the allocation of sewer service among comp uses as the City Council may adopt. If an allocation pl adopted prior to final map approval, the applicant shall satisfy the requirements of such plan as a further condi 1 of this Tentative Subdivision Map approval. -6- I - .-, - .. . 1 2 3 4 w W AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Lars NOES : None ABSTAIN : None ABSENT: Wrench 5 NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foregoin< 6 recitations are true and correct. v # 8 9 'BBURElfA, Chail CARLSBAD PLANNING $OMMISSI( -7- 16 17 18 19 2o I 21 22 23 24 25 26 27 28 11 -r w .II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ~ 28 STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 CITY OF CARLSBAD 1 ss I, JAMES C. HAGAMAN, Secretary to the Planning Commission of the City of Carlsbad, California, do hereby certify that the foregoing resolution was duly introduced, approved and adopted by the Planning Commission of the City of Carlsbad at a regular meeting of said Commission held on the 11th day of July, 1979 by the following roll call vote: AYES: L'Heureux, Marcus, Larson, Schick, Jose NOES : None ABSTAIN: Wrench ABSENT: RodOtis !L/ -8- CT 79-4