HomeMy WebLinkAbout1984-08-08; Planning Commission; Resolution 23331
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1) The proposed master tentative map divides a 433 acre site into large parcels in conformance with the planning areas within the Kelly Ranch Master Plan.
PLANNING COMMISSION RESOLUTION NO. 2333
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 20 LOT MASTER TENTATIVE TRACT MAP FOR THE KELLY RANCH MASTER PLAN AREA ON PROPERTY GENERALLY LOCATED BETWEEN THE EASTERLY EDGE OF AGUA HEDIONDA LAGOON AND EL CAMINO REAL. APPLICANT: CAL COMMUNITIES, INC. CASE NO: CT 83-30
WHEREAS, a verified application for certain property, to
flit:
Portions of Lots "F" and "I" of Ranch0 Agua Hedionda according to Map No. 823 filed November 16, 1896,.
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 8th day of
August, 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;
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 APPROVES CT-83-30, based on the following
findings and subject to the following conditions:
Findings:
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2) The proposed tentative map will not approve any develog
within the Kelly Ranch Master Plan area, subsequent ter maps or site development plans will be required for the development of each planning area.
3) The project is consistent with all City public facilitl icies and ordinances since:
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a) The Planning Commission has, by inclusion of an
appropriate condition to this project, insured thal final map will not be approved unless the City COUI finds that sewer service is available to serve the
project. In addition, the Planning Commission has condition that a note shall be placed on the final
that building permits may not be issued for the prc
unless the City Engineer determines that sewer ser’ available, and building cannot occur within the prc unless sewer service remains available, and the Pli Commission is satisfied that the requirements of tl public facilities element of the general plan have
met insofar as they apply to sewer service for thir
project.
b) The Carlsbad School District has written a
letter, dated February 9, 1984, stating that schoo
facilities will be available to this project.
c) Park-in-lieu fees are required as a condition of a:
proval.
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d) All necessary public improvements have been provid
will be required as conditions of approval.
e) The applicant has agreed and is required by the in
of an appropriate condition to pay a public facili fee. Performance of that contract and payment of
will enable this body to find that public faciliti be available concurrent with need as required by t
general plan.
21 4) The proposed project is compatible with the surroundin
land uses since surrounding properties are designated 22 residential development on the general plan.
23 5) The environmental impacts of this project have been adequately addressed in a previously certified environ 24 impact report and the supplement to that environmental
report. Additional environmental review will be requi 25 when development plans are submitted for each planning
26 Conditions :
27 1 ) Approval is granted for CT 83-30, as shown on Exhibit
dated July 27, 1984, incorporated by reference and on 28 the Land Use Planning Office. Development shall OCCUI substantially as shown unless otherwise noted in thesc conditions.
PC RES0 NO. 2333 -2-
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This project is approved upon the express condition thi final map shall not be approved unless the City Counci:
as of the time of such approval that sewer service is
available to serve the subdivision.
This project is approved upon the express condition tht
building permits will not be issued for development of subject property unless the City Engineer determines t: sewer facilities are available at the time of applicat
such sewer permits and will continue to be available u:
time of occupancy. This note shall be placed on the f map.
This project is approved upon the express condition th
applicant shall pay a public facilities fee as require'
City Council Policy No. 17, dated April 2, 1982, on fi
the City Clerk and incorporated herein by reference, a according to the agreement executed by the applicant f
payment of said fee, a copy of that agreement, dated 0
4, 1983, is on file with the City Clerk and incorporat herein by reference. If said fee is not paid as promi
this application will not be consistent with the Gener
and approval for this project shall be void.
The applicant shall pay park-in-lieu fees to the City,
to the approval of the final map as required by Chapte of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance h sections of the Zoning Ordinance and all other applica
ordinances in effect at time of building permit issuar!
Water shall be provided to this project pursuant to tk
Service agreement between the City of Carlsbad and the Real Water District, dated May 25, 1983.
A 500' scale map of the subdivision shall be submittee
Land Use Planning Manager prior to the recordation of final map. Said map shall show all lots and streets o
and adjacent to the project.
The applicant shall submit a street name list consist(
the City's street name policy subject to the Land Use
Manager's approval prior to final map approval.
Approval of Tentative Tract 83-30 is granted subject
approval of Master Plan 174.
Grading shown on the tentative map is conceptual only
Further review of a more detailed grading plan shall ' required to ensure conformance with the City's Plannec Development Ordinance, Agua hedionda Local Coastal P1 Planned Community Zone and Grading Ordinance. Said d plan shall be submitted to and approved by the City E and Land Use Planning Manager prior to any grading of site.
PC RES0 NO. 2333 -3-
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13) The developer shall obtain a grading permit prior to ti 3
Engineering Conditions
5 14) The grading for this project is defined as "controlled
ing" by Section 11.06.170(a) of the Carlsbad Municipal
6 Grading shall be performed under the observation of a (
engineer whose responsibility it shall be to coordinatc
7 inspection and testing to insure compliance of the worl
the approved grading plan, submit required reports to
8 Engineer and verify compliance with Chapter 11.06 of tl Carlsbad Municipal Code.
12) That portion of Kelly Drive between Via Hinton and Plar Area D is specifically not approved.
commencement of any clearing or grading of the site.
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15) Upon completion of grading, the developer shall insure "as-graded" geologic plan shall be submitted to the Ci. Engineer. The plan shall clearly show all the geology exposed by the grading operation, all geologic correct. measures as actually constructed and must be based on I
tour map which represents both the pre and post site g: This plan shall be signed by both the soils engineer ai engineering geologist. The plan shall be prepared on or similar drafting film and shall become a permanent I 1 l4
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16) No grading shall occur outside the limits of the subdi,
the affected properties. unless a letter of permission is obtained from the own1
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17) All slopes within this project shall be no steeper tha
unless otherwise approved by the City Engineer.
18) The developer shall exercise special care during the construction phase of this project to prevent any off-
siltation. The developer shall provide erosion contro measures and shall construct temporary desiltation/det
basins of type, size and location as approved by the C Engineer. The basins and erosion control measures sha
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer p
the start of any other grading operations. Prior to t
removal of any basins or facilities so constructed the served shall be protected by additional drainage facil slope erosion control measures and other methods requi
approved by the City Engineer. The developer shall ma
the temporary basins and erosion control measures for of time satisfactory to the City Engineer and shall gu their maintenance and satisfactory performance through deposit and bonding in amounts and types suitable to t Engineer .
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1 19) Additional drainage easements and drainage structures I
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City 2 neer .
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The developer shall construct desiltation/detention ba:
a type and size and at locations as approved by the Ci
Engineer. The developer shall enter into a desiltatio:
maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approva final map for this project. Each desiltation basin sh, serviced by an all weather access/maintenance road. T'
provisions of this agreement shall apply to any off-si borrow sites which may be utilized in the construction
project as required by the City Engineer.
21) The owner of the subject property shall execute a hold 9
tative map shall be dedicated on the final map and sha 11
harmless agreement regarding drainage across the adjac
property prior to approval of the final map. 10
22) Land for all public streets and easements shown on the
12 granted to city free and clear of all liens and encum-
brances.
13 23) Direct access rights for all lots abutting El Camino R
14 I! Cannon Road shall be waived on the final map.
15 24) The applicant shall agree to utilize reclaimed water,
I form, for Master Plan Areas E-R in all common areas
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25) Irrigation systems to accommodate future reclaimed wat 17
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be designed consistent with Title 17 of the California
Administrative Code. Offsite future reclaimed water
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distribution systems should be anticipated by the inst
of adequately sized sleeves at crossing points to mini street excavation.
2o 26) The developer shall provide the City with a reproducib
21 copy of the tentative map as approved by the Planning
Commission. The tentative map shall reflect the condi
22 approval by the City. The map copy shall be submitted
City Engineer prior to improvement plan submittal.
23 27) Prior to recordation of any final map for this develoF
24 the owner shall give written consent to the annexation
area shown within the boundaries of the Tentative Map existing City of Carlsbad Street Lighting and LandscaF 25 District No. 1.
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28) Approval of this tentative tract map shall expire twen,
months from the date of City Council approval unless a map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied discretion of the City Council. In approving an exten; the City Council may impose new conditions and may rev existing conditions.
29) Prior to hauling dirt or construction materials to any
proposed construction site within this project the dev, shall submit to and receive approval from the City Eng
for the proposed haul route. The developer shall comp
all conditions and requirements the City Engineer may with regards to the hauling operation. I 8 30) The developer shall comply with all rules, regulations
requirements of the respective utility agencies regard 9 services to the project.
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31) Plans, specifications, and supporting documents for a1
improvements shall be prepared to the satisfaction of Engineer. Prior to approval of the final map, the sub shall install, or agree to install and secure with app security as provided by law, improvements shown on the tentative map and the following improvements to City s to the satisfaction of the City Engineer:
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(Lots 1 & 2) project site from Neblina Drive to Kelly
Phase I 1) Half street of Park Drive adjacent to th
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Drive in accordance with the sections as 15
(Lots 3 & 4) Hinton in accordance with the section as
Phase I1 1) Full width Kelly Drive from Park Drive t 17
transition section as required. approved in Master Plan 174 and additona
l8 I approved in Master Plan 174.
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2) All utilities necessary to serve the
development within this phase including
offsite waterline extensions necessary t
provide water service to the site.
3) Full width Via Hinton from Kelly Drive t
Marta as shown on the tentative map.
Phase I11 1) Half street plus 12 feet of the street 1
(Lot 5) Kelly Drive from El Camino Real to a loc
approved by the City Engineer in accorda with the section as shown on the tentati including a cul-de-sac turnaround at the southwesterly terminus.
2) All utilities necessary to serve the
development including any offsite water1 extensions necessary to provide water se to the site. 11 PC RES0 NO. 2333 -6-
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3) Half street improvement to El Camino Rea
including half median improvement and appropriate transition improvements in accordance with City standards and the s shown on the tentative map.
4) Development of Phase I11 shall be subjec the City's cul-de-sac policy.
Phase IV 1) Full width improvement of Cannon Road fr
(Lots 6 & 21) Camino Real to the most southerly access from Cannon Road into the Phase IV proje accordance with the section as shown in approved master plan, including full wid improvement of the bridge over Aqua Hedi
Creek and any channel improvements nece: protect the roadway. The time limit for construction of the above required Cannc improvements shall be as determined by t Engineer upon approval of a specific de\ plan for a project within the Phase IV E
2) A temporary access road may be allowed the Phase IV area as shown on the tentat subject to the City cul-de-sac policy ar
approval of a specific developmental plz the Phase IV area.
3) All utilities necessary to serve the del
within the Phase IV area.
4) A sewer trunk line, pump station and fo~
in Cannon Road from El Camino Real to a( existing facilities west of the project
of handling the proposed sewage flow in accordance with the latest requirements
City's sewer master plan. If the City (
authorizes the development of a project
this phase utilizing an alternate means
sewering the project the developer shal: minimum construct a dry sewer trunk lint required portion of Cannon Road adequatc to handle the future sewer demands as SI the City's latest sewer master plan. TI developer is eligible to enter into a reimbursement agreement with the City i! accordance with City code for any portic sewer facilities sized greater than wha
required solely to service the proposed
development. The imposition of this co
shall not preclude the developer from u
alternative financing mechanism as may
approved by the City Council at a later
5) Street "C" to 60 foot collector street
as shown on the tentative map.
PC RES0 NO. 2333 -7-
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6) Traffic signal at El Camino Real and Can
Construction shall be required when the I Engineer determines traffic warrants are The developer shall receive a credit aga public facilities fee for the actual cos
construction of the signs.
Phase V 1) Half width Cannon Road including full wi
boundary. The median improvement may be
deferred a maximum of five years from thl approval of the final map or until such
it is required pursuant to a subsequent
development.
(Lot 19) median from El Camino Real to the southe
2) All utilites necessary to serve the proj, including the sewer facilities as requir,
Phase IV.
Phase VI 1) Full width Cannon Road from El Camino Re
(Lots 7 & 18 most southerly boundary of the tentative
Inclusive) Specific improvement construction requir
shall be as determined by the City Engin
the time specific developments are appro' within the master plan area.
2) Traffic signal at the intersections of 'I-
and Cannon Road and the Macario Park Roac entrance and Cannon Road. Construction !
required when the City Engineer determinc
traffic signal warrants are met. The de-
shall receive a credit against payment o facilities fee for the Macario Park/Cannl traffic signal,
3) All onsite and offsite utilities necessa. serve the project including the sewer fat as required in Phase IV.
4) Full width "A" Street and "B" Street and
minimum 28 foot section of Macario Park shown on the tentative map and with the sections as shown on the approved master Minor adjustments in the horizontal and
vertical grades may be approved by the C: Engineer to bring the roads into conform?
with City standards. The actual schedula construction shall be determined by the ( Engineer at the time specific developmenl are approved.
32) All proposed slopes adjacent to the intersections shal:
trimmed back to provide minimum sight distance as requ:
City standards. No retaining walls, barrier walls or 1
signs shall be placed at street and driveway intersect: such that they block the minimum sight distance as reql City standards, 11 PC RES0 NO. 2333 -8-
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33) The water reservoir site as shown on the tentative map
specifically not approved. Upon development of a projl
which requires the construction of the reservoir, the I shall submit a site plan detailing the precise locatio1
tank to the satisfaction of the City Engineer, the Cos,
Municipal Water District and the Land Use Planning Man, The design shall include provisions for public access
property immediately to the south of Lot 15, if requirl
City Council.
34) All notes shown on the tentative map indicating that ac
road improvements shall be by others are specifically
approved. All adjacent and included road improvements on the tentative map shall be the responsibility of thc
developer unless determined otherwise by the City Counl
35) The road sections for Kelly Drive, Streets "A" and "B",
Drive, and Cannon Road, shown on the tentative map, mal modified as shown within the approved master plan. Thc developer shall submit a modified tentative map showin< modified sections prior to the approval of a final map
phase within this tentative map.
36) Prior to the approval of any phase which requires the alteration of land forms within the 100 year flood plaj developer shall submit to the City and receive approval special use permit as required by City code.
37) Multiple final maps may be filed for this subdivision.
final map shall include the entire area of one or more
shown on the tentative map. Phases I, 11, and I11 may finaled in any sequence if all improvements listed for
phase are provided. Phases IV, V and VI shall be fina:
developed in numerical sequence as shown on the tentati unless all conditions required of the preceding phases
met .
38) In order to ensure unified development control and the
provision of public facilities, prior to the approval c final map for Phase IV, V or VI, the developer shall pr an agreement or other declaration of restriction satisf
to the City Council to provide continuity of developmen accordance with the requirements of the master plan shc subdivider decide to sell any parcels within the above mentioned phase areas. All new owners shall become a 1:
the agreement as a condition of future development of t
property. This requirement may be waived if the City C
finds that the agreement is not needed to meet the mast and the provisions of the planned community zone.
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39) The intersection of Kelly Drive with El Camino Real sha
right turn-in, right turn-out only intersection. Upon of a specific development on Lot 5, the City may impose additional on and offsite median improvements to restri
traffic movements to or from Kelly Drive
40) The Conditions of Approval for this tentative map are
comprehensive as regards to the concept of a master ten map. The City reserves the right to place additional c and offsite conditions on each individual tentative maF
development plan as may relate to the approval of a spe project. ~
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Lot 20 shall be included with the first final map over
Phases IV, V, and VI. All access rights in and to Lot adjacent public streets shall be waived upon dedicatior
adjacent public street.
As a condition of approval for a specific development p Lot 19, the City will relinquish access rights for appr
entrance locations.
Macario Park Road shall be improved to secondary arteri standards as required per the improvement requirement c conditions. All necessary documentation defining the c Macario Park Road easement shall be submitted to the
Engineering Department prior to approval of the Phase \
map.
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44) Prior to the approval of the final map for Phase IV, tl:
developer shall prepare landscape and irrigation plans area outside the drainage course on lot 21 to the satis
of the Land Use Planning Manager and Parks and Recreatj Department. This landscaped area shall be noted on thc map as open space and included in the maintenance provi the master plan area.
19 145) A note shall be placed on the final maps for each of tk
phases within this tentative map stating "no building I
further subdivided or until a specific development plar
permanent non-buildable lots. Lot 17 is excepted from
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provision. 22
approved by the city". Lots 20 and 21 shall be noted 2 21
will be issued for any lots within this subdivision unt
23 46) The developer shall place the following notes only on I
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map which includes Phase VI: Geotechnical Caution:
1) "The possible existence of ancient landslides with: boundaries of this subdivision has been noted in tl Environmental Impact Report for this subdivision."
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2) "Mitigation measures to alleviate the hazards assoc
with the possible landslides have been required as condition of approval for the tentative map for th: subdivision." II PC RES0 NO. 2333 -1 0-
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3) "The owner of this property on behalf of itself and
its successors in interest has agreed to hold harm1
indemnify the City of Carlsbad from any action that arise through any geological failure and subsequent
that may occur on, or adjacent to, this subdivision it's construction, operation or maintenance."
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The developer shall execute a hold harmless agreeme
regarding any damage and/or claims that may arise t
any geological failure and subsequent damage that n occur on, or adjacent to, this subdivision due to i construction operation or maintenance.
47) Prior to approval of any improvement or grading plans k
traverse or occur adjacent to suspected landslide or sc
movement areas the developer shall submit a detailed ge report prepared by a competent geologist or soils engir containing specific recommendations to mitigate potenti
problems associated with the landslide or soil movement
City may request that the report and recommendations be
reviewed by a third party soils engineer or geologist t selected by the City. All costs of such third party re shall be paid in advance by the developer,
48) All plans, specifications, and supporting documents for improvements of this project shall be signed and sealec Engineer in responsible charge of the work, Each sheet
be signed and sealed, except that bound documents may f and sealed on their first page. Additionally the first
of each set of plans shall have the following certificz
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"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for thl
project, that I have exercised responsible charge over
design of the project as defined in Section 6703 of thc
Business and Professions Code, and that the design is
consistent with current standards.
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I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to i
only and does not relieve me, as Engineer of Work, of I
responsibilities for project design. (Name, Address and Telephone of Engineering firm)
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Address : 24
Firm:
25 /I City, St.:
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BY Date:
(Name of Engineer)
R.C.E. NO. #
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49) Phasing on the tentative map shall be as shown on Exhil
Prior to approval of any final map within the master tc
map the developer shall submit a modified tentative ma]
showing phasing in accordance with Exhibit "D".
PASSED, APPROVED AND ADOPTED at a regular meeting 1
Planning Commission of the City of Carlsbad, California, he.
the 8th day of August, 1984, by the following vote, to wit:
AYES: Commissioners Marcus, Farrow, Schlehuber, R8
NOES: None.
ABSENT: Commissioner Smith.
and McFadden.
ABSTAIN: Chairman Rombo
CARLSBAD PLANNING COMMISSI(
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l6 il LAND USE PLANNING MANAGER
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