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HomeMy WebLinkAbout1980-03-12; Planning Commission; Resolution 1602- .: " .- A '* .. . ,' 2- 1 2 3 4 5 6 e 0 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A 99 LOT SUBDIVISION ON 352 ACRES SOUTH OF ALGA ROAD AND EAST OF EL FUERTE STREET IN LA COSTA. APPLICANT: LA COSTA LAND COMPANY (RANCHEROS) CASE NO: CT 79-25 7 WHEREAS, a verified application for certain property, 8 to wit: 9 10 11 12 13 14 Portions of Sections 19, 30 and 31, Township 12, South Range 3 West San Bernardino Meridian, County of San Diego. 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 filunicipal Code; and 15 WHEREAS, an Environmental Impact Report NO. 307, was pr-1 l6 for the La Costa Master Plan, and as required by approval of t l7 11 Master Plan, a subsequent EIR has been submitted and processed l8 have been included as conditions of approval. l9 conlunction with this project. All necessary mitigation measL 2o I WHEREAS, the Planning Commission did, on the 27th day of 21 11 February, 1980, hold a duly noticed public hearing as prescrik 22 /I by law to consider said request; and 23 /I WHEREAS, at said public hearing, upon hearing and conside 24 1 all testimony and arguments, if any, of all persons desiring t 25 Tentative Tract Map; and 26 be heard, said Commission considered all factors relating to t 27 /I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission as follows: I .r " . , c '."'. // I) e II 1 A. That the above recitations are true and correct, 2 B. That based on the evidence presented at the public hearil the Commission finds the following findings and conditio: to exist: 3 4 Findings: 5 6 7 8 9 10: 11 12 13 1) The proposed Tentative Map is consistent with both the Cityis General Plan and with the La Costa Master Plan since the project does not exceed the densities establisl. for this site by these plans. Further, the site's somewhat difficult topography justifies the project's density which is approximately half of the Master Plan's suggested density. 2) The site is physically suitable for the type of develop- ment proposed since the rural design of the project encourages minimal grading and the retention of as many natural features on the site as possible. 3) The site is physically suitable for the proposed density of development since sufficient public improvements and adequate amenities necessary to serve all lots are provided without the need for excessive modification to the site. I* 15 4) The design of the project will not cause any significant environmental damage since: 16 17 a. Measures to mitigate potentially significant environmental impacts, as noted in the supplemental EIR prepared for the Rancheros project, have been included as conditions of approval; l8 I 19 I b. Much of the site will be left in its natural state; 20 11 c. The method of sewage disposal reduces the required amount of grading and excavation. 21 22 d. The low density of the project minimizes potential adverse environmental impacts resulting from urbanization. 23 24 5) The design of the subdivision will not cause any serious 26 6) The project is consistent with all City Public Facility 25 health problems since the project meets all public health requirements. Policies and Ordinances since: 27 28 a. Assurances have been given that adequate sewer for the project will be provided by the San Marcos County Water District; A -2- I I .. .e , *.14c (I e e 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 b. The Planning Commission finds that sewer service is not available for this development as of the date of this approval. However, sewer service may be available in the future. The Planning Commission has, by inclusion of an appropriate condition to this Tentative Subdivision Map, 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 this project unless the City Engineer determines that sewer service is available. Since the final map cannot be approved and building permits cannot be issued unless sewer service remains available, the Planning Commission is satisfied that the require- ments of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. c. An agreement with the affected school districts, approved by the City Council, ensuring that adequate school sites will be provided is required as a condition of approval. d. A park site and portions of the San Marcos Canyon will be dedicated to the city as conditions of apprc e. All necessary public improvements will either be provided or required as conditions of approval. f. 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 fini that all other public facilities will be available concurrent with need as required by the General Plar, Conditions: General 1) Approval is granted for CT 79-25 as shown on Exhibit "A" to CT 79-25 dated 2/8/80 on file in the Planning Departme and incorporated by reference. Development shall occur substantially as shown on this exhibit unless otherwise noted in these conditions. //I// I//// ///// -3- I .. -1 r ' ' ' '*::a // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 20 21 22 23 24 25 26 27 ' 28 I, e e 2) This subdivision 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. In the event that sewer is not available and the plannin! moratorium is still in effect, the provisions of Section 66452.6(a) of the Subdivision Map Act shall apply. 3) This subdivision is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determil that such sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued. A note indicating this shall be placed on the final map. 4) Prior to the approval of the final map, the San Marcos County Water District must receive all required approval: for the annexation of that portion of the subject property not currently within the San P.larcos County Water District. 5) This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Folicy No. 17, dated August 29, 1979, 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 2/26/80 , is on file with the City Clerk and incorporated herein by reference. If sail fee is not paid as promised, this application will not bc consistent with the General Plan and the project cannot proceed and this approval shall be void." 6) All land and/or easements required by this subdivision shall be granted to the City, without cost to the City, free of all liens and encumbrances. 7) The parcel map covering this site (MS-419) shall be recorded prior to the map for this subdivision. 8) District boundaries or lot lines shall be modified to fulfill the requirement that each lot be in a single tax code area. 9) No lot in the proposed subdivision may be further subdivided. A note indicating this shall be placed on the final map. I//// ///// -4- I ..r i I 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i 26 27 28 e e Gradinq - 10) A report of a geological investigation and a complete grading plan of the entire site except €or building pads or individual lots, shall be contracted by the applicant and shall be submitted to the City Engineer prior to issuance of grading permits. The report shall be prepared by a civil engineer and a geologist licensed by the State of California and experienced in erosion control and slope stability. They shall certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighboring properties. 11) All cut and fill slopes shall be no steeper than 2 horizontal to 1 vertical, unless otherwise approved by the City Engineer. 12) All exposed slopes shall be hydromulched or otherwise stablized immediately upon completion of grading activities. 13) Clearing operations shall not be allowed in advance of grading, but rather only concurrent with grading activities. Clearing shall be limited to the minimum area necessary to construct the residences and appur- tenant facilities. 14) If grading is performed or slopes will be exposed during the rainy season (Nov 1 to April 15), erosion control measures, such as desiltation basins, sandbags, etc., shall be taken and shall be approved by the City Engineer. 15) No fill slopes shall extend outside the subdivision boundary adjacent to San Marcos Canyon. Care shall be taken in grading for Street "C" to ensure that no debris crosses the subdivision boundary and goes into the canyon. Street "C" shall be relocated as necessary to insure this condition is fulfilled. Public and Private Improvements 16) All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This condition excludes all drainage easements granted to the City of Carlsbad. I//// //// //// -5- -I I' -r *. 4' e e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 l8 i 19 i 20 21 22 23 24 25 26 27 2a 17 1 18 1 19) 20) 21) 22 1 23) ~ I I Additional drainage easements and structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control and/or the City Engineer. The maximum grade on any private street shall not exceed 12%, except for short distances the grade may be up to 15% only if approved by the City Engineer. Corintia Street shall be dedicated and improved in full, based on a 60 foot wide street according to City of Carlsbad standards, except that sidewalk on one side of the street may be deleted. Street trees shall be provided to enhance the rural character of the sub- division. Said trees shall be included on the detailed landscape and irrigation plan and be approved by the Planning Director prior to recordation of final map. Street lights as directed by the City Engineer shall be included in the improvements. This street shall be improved for its entire length within the subdivision boundaries as part of Phase I. Alga Road shall be dedicated and improved along its frontage of the subdivision based on a 51 foot half street according to City of Carlsbad standards. Improvements shall include sidewalks, half median, street trees at 40 foot spacing and street lights. Additionally, Alga Road shall be extended off-site to El Fuerte Street based on the same section. Cut and fill slopes adjacent to Alga Road shall be 2:l maximum, unless otherwise approved by the City Engineer. Any remaining public improvements in the El Fuerte half street section along the subdivision frontage (sidewalks street trees, street lights, graded parkway or others) shall be installed to conform to City of Carlsbad standards. The design of all private streets and drainage shall be approved by the City Engineer. The design shall include street lights, curb and gutter storm drain facilities or other features if required by the City Engineer. The structural section of all private streets shall conform to the City of Carlsbad standards based on R-value tests. The private street (Street "A") which exists onto Alga Road shall be permitted to have right turn in and right turn out only and no median break shall be permitted unless coordinated with the developer to the north and approved by the City Engineer. -6- -. ,I ,I -: 7' t. 8. 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 I, e a 24) The horizontal radius on Street "C" adjacent to lots 12, 13 and 16 (Phase I) shall be redesigned and a knuckle shall be installed subject to the approval of the City Engineer. 25) Access rights of lots abutting Alga Road and El Fuerte Street - except for lots 5 and 9 in Phase 111 shall be dedicated and waived on the final map. 26) The water line in Corintia Street shall connect to the existing line in El Fuerte Street at one end and Rancho Santa Fe Road at the other. The water line in Street I'C" shall connect to the line in Corintia Street and be looped to connect to the line in Street I'B" and back to Corintia Street. All of the above shall be accomplished in Phase I of the subdivision. The water line in Street "A" shall be looped from Corintia Street to Alga Road. School and Park Sites 27) The proposed school site as shown on the tentative parce map for 14s-419 shall be reserved for school purposes. P: to the approval of the final map for Phase I, the applic( City and appropriate school districts shall reach a mutually acceptable agreement to resolve th.e status of t: site. 28) The 14+ acre proposed San Marcos Canyon Park site as shown on the tentative parcel map for p/IS-419, shall be dedicated to the City of Carlsbad prior to the approval of the final map for Phase I. According to the Parks Agreement between the City of Carlsbad and the La Costa Land Company dated January 3, 1978, City Council Resolution No. 5286, and Chapter 20.44 of the Carlsbad Municipal Code. 29) The applicant shall offer for dedication to the City Parcels C, F, G, H, J and K of the San Marcos Canyon, as shown on Exhibit "A" to the Parks Agreement between the City of Carlsbad and the La Costa Land Company dated January 3, 1978, City Council Resolution No. 5286. These parcels shall be dedicated prior to approval of the final map which they abutt. In those cases where these parcels do not abutt the subdivision, they shall be dedicated no later than Phase 111. In addition, those portions of Lot 25 (Phase I) and lots 14 and 15 (Phase 111) south of the SDG&E easement, shall be dedicated to the city as part of the San Marcos Canyon prior to the finaling of the map for the Phases in . which they are located unless other arrangements are made satisfactory to the City Council. ///// -7- ; , " ','*. ,. ,L .. *.a. ~ A* ; , " ','*. ,. ,L .. *.a. ~ A* * e 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 wit: 4 on the 12th day of March, 1980, by the following vote, to 3 Planning Commission of the City of Carlsbad, California, held 5 AYES : Schick, Marcus, Leeds, Larson 6 NOES: None 7 8 ABSENT: Friestedt, Rombotis ABSTAIN : Jose 9 10 11 12 13 14 15 16 17 18 19 ! 2o 1 ATTEST: CARLSBAD PLANNING muss: Q- 25 26 27 28 -8-