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HomeMy WebLinkAbout1974-12-17; City Council; 3253; Request for approval of pre-annexational zone2\ H E CITY OF CARLSBAD, CALIFORNIA ' ' ~ ' *• y3 Agenda Bill Wo. 3*2^3 Da te -7 /J2 ~V 7' Referred To: sufcject.-Request for approval of pre-annexational zone +EIR submitted By: change from San Diego County E-l-A to City of Carlsbad Planning Comm R-l-7500 and approval of Tentative Subdivision Map CT 74-O4 Applicant: Investor's Development & Mortgage Corp (Templin Heights) statement of the Matter: The Planning Commission at it's October 8, 1974 meeting, consiclerecl a pre-annexational zone change (ZC-145) on property easterly of El Camino Real and South of Elm Avenue extension. The Commission, after substantial discussion, recommended a combination of R-l-75^0 and R-l-9000. The recommended zoning would more adequately meet topographic conditions. The Planning Commission at it's Nov. 12, 1974 meeting considered tentative subdivision Map CT 74-14 for 264 DU ' s on 83 acres of the subject property. The Commission recommends approval of the proposed tentative map for reasons and subject to conditions of Planning Commission Resolution #1117. The applicant proposes to build housing in the $28,000 - $40,000 range, the majority of the units are planned to be less than $30,000. The applicant has met all ordinances and policies including Public Facilities, of the City of Carlsbad. Exh'ibi t: Staff reports dated October 8, 1974 and November 12, 1974 Planning Commission Resolutions #1101 (ZC-145) and #1117 (CT 74-14) EIR 362 Exhibit D, dated 11-12-74 - Tentative Subdivision Map CT 74-14 Exhibit A, dated 10-8-74 - ZC-145 Staff Recommendations to City Manager: Staff recommends that pre-annexational zone change ZC-145 and tentative subdivision map (CT74-14) be approved for the reasons outlined in Planning Commission Resolution Nos. 1101 and 1117. If the City Council concurs with the Planning Commission recommendation, the Council should direct the City Attorney to prepare the necessary documents. A-B No. Date: December 17, 1974 City Manager's Recommendation Concur with staff recommendation with the amendment of Condition #15 as outlined in the Planning Director's memo dated December "11, 1974. Council'Action 12-17-74 A motion was made that the EIR be certified and the staff was instructed to prepare the documents necessary for approval of the pre-annexational zone change and Tentative Map for Carlsbad Tract 74-14 (Templin Heights) and to amend condition #15 of Planning Resolution No. 1117, as outlined in the Planning Director's memo dated December 11, 1974. It was also agreed that Condition #14 of Resolution No. 1117 be amended to require a secondary access to Elm Avenue be completed prior to construction of Phase 2. Further, the staff was instructed to include the standard traffic signal prosecution policy as a condition of approval of the tentative map. MEMORANDUM December 11, 1974 TO: FROM: SUBJECT: CITY MANAGER PLANNING DIRECTOR CONDITIONS OF CT 74-14 PLANNING COMMISSION RESOLUTION #1]17 Condition No. 15 necessitates an action on the part of the City which will involve an acquisition' of land for street purposes. The staff is of the opinion that a small parcel must be acquired outside the subdivision boundaries to satisfactorily design the intersection of Elm Avenue and Caldwell Lane. Condition No. 15 now states: "The City shall acquire and the applicant shall purchase from the City the small offsite parcel which will be created at the northwest corner of the intersection of Caldwell Lane and Elm Avenue. This parcel shall be added to Lot 149 prior to Final Map approval". Condition No. 15 should be replaced the following: by language which will reflect "The applicant shall cause to be acquired, a small offsite parcel at the northwest corner of the inter- section of Caldwell Lane and Elm Avenue for.the Street right of way purposes. It is understood that the City will support any attemRt to purchase the subject parcel v^NgSK^__»^f""~N^ DonTl d""AT~A~glFtep" DAA/vb CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT October 8, 1974 TO: PLANNING COMMISSION FROM: THE PLANNING DEPARTMENT ' REPORT ON: ZONE CHANGE #145 - Tempi in Heights APPLICANT: INVESTOR'S DEVELOPMENT AND MORTGAGE CORPORATION 5850 Avenida Encinas Carlsbad, California 92008 I. REQUEST: The applicant is requesting approval of a Preannexational zone change from County E-l-A to R-l-7500 and R-l-9000 on a 83.25 acre piece of property located on the east side of El Camino Real between Elm Avenue extended and Chestnut Avenue. II. STAFF RECOMMENDATION: Staff recommends ZC-145 be.APPROVED.for the following reasons: 1. The proposed zoning meets the intent of the Adopted General Plan, • including the Open Space and Conservation Element. 2. The zoning attempts to relate density concepts to the hillside slopes. . III. PUBLIC FACILITIES POLICY: The applicant has provided the necessary evidence that there will be public facilities available to serve the project. A copy of a letter from the Carlsbad Unified School District has been attached. IV. EIR REQUIREMENTS: The Planning Commission recommended CERTIFICATION of the EIR at their September 10, 1974 meeting. No other action is required by the Planning Commission. V. BACKGROUND: The application was continued from the September 10, 1974 Planning Commission meeting so that the applicant could meet with Staff to explore alternate zoning proposals and subdivision design concepts. The proposed zoning is a product of these discussions. The applicant has also provided a conceptual subdivision design utilizing the R-l-7500 and 9000 zones, and attempted to mitigate grading impacts which were of major concern with the former proposal. VI. GENERAL INFORMATION: A. Location and Description of the Property: The property is located east of the El Camino Mesa Subdivision, south of the Leadership Housing (Quail Ridge) property, and west of the Lake Calavera Hills property. The property is legally described as: All that portion of Lot "J" of Rancho Aqua Hedionda, according to Partition Map No. 823 filed with the San Diego County Recorder. B. Surrounding Zoning: North: R-l0,000 South: E-l-A (County) East: P-C West: R-A-10,000 C. Surrounding Land Use: North: Vacant, application on file for single-family subdivision South: Vacant land in the County East: Vacant Lake Calavera Hills property master planned for a planned community at a net density of 5.7 d.u.'s/acre. West: The EVCamino Mesa Subdivision is separated from the subject.property by a small slip of undeveloped R-A-10,000 property. El Camino Mesa is zoned as R-l-7500,-8,000,-9,000 and 10,000 and is developed as single-family residential. D. General Plan Recommendations: 1. Land Use Element: The existing Land Use Portion of the General ' Plan shows the subject property as low density residential (3-7 d.u.'s/acre) with a north-south open space linkage trans- versing a small portion of the property. The General Plan density recommendation is intended to be a flexible range, with a guaran- teed density of 3 d.u./acre. Additional density is allowable only if services are available and the land is physically suited to support the additional density. Staff believes that R-l-7500 zoning is appropriate for only the eastern portion of the site which is a relatively flat mesa area. The rest of the site must necessarily have a larger lot size in order to minimize grading. Staff believes that the R-l-9,000 zone, as regulated through the subdivision process, can provide necessary control over recontouring of natural landforms. The proposed Land Use Element shows a density of 0-4 d.u./acre on the property. The proposed zoning is consistent with this recommendation. 2. The Open Space/Conservation Element: The Open Space and Con- servation Element specifically addresses the following guidelines for development in hillside area's, such as the subject property:* a) Grading for building pads and roadways should be accomplished in a manner that would maintain the appearance of natural hillsides. b) Soil reports, plans for erosion and sediment control measures and provisions for maintenance responsibilities should be a requirement of any approval process. c) Density and intensity of development on hillsides should relate to the slope of the land in order to preserve the • integrity of the hillside. d) Proper design criteria should be utilized to preserve the integrity of the hillsides and soil resources of the City. These points should be specifically addressed with subdivision and grading permit applications. 3. Housing Element: The Housing Element recommends that residential developments retain natural topography, provide contiguous open spaces and that all residents of Carlsbad have access to adequate housing with a price range they can afford. The foregoing statements can be justified if the intent of the R-1-7500 zoning is to provide a density at which a subdivision can be built and also meet the Housing Element goals. The applicants intent is to provide good housing in the $28,000 - $40,000 range, the majority of the units are to be less than $30,000. However, since there are no guarantees that a subdivision will sell for a given range, the Staff believes that the sub- division should be designed so as to conform to the majority . of the Provisions of the General Plan. VII. MAJOR PLANNING CONSIDERATION: A. General Plan Conformity: The General Plan indicates the need for zoning on the Tempi in property which is more responsive to topographic conditions than a straight R-1-7500 zone. The applicant chooses not to utilize the Planned'Community zone for this project because of the problems of applying the P-C zone to a single-family subdivision. Maintenance of common slopes could be difficult in this instance. Staff would prefer that the project meet the Housing Element goal of providing middle and lower middle income families with adequate housing. There must also be some interface with the Open Space and Conservation Element goal of minimizing earth moving and allowing subdivision design to follow contours of the natural landform. Staff believes that these goals are possible with the present zoning proposal. The proposed subdivision, when submitted, should be care- fully reviewed to ensure its compliance with General Plan goals. ATTACHMENTS: . i • 'Plot Plan r Exhibit A School Letter SDH/br CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT November 12, 1974 TO: . PLANNING COMMISSION FROM: THE PLANNING DEPARTMENT REPORT ON: TENTATIVE MAP CT 74-14 - Tempi.In Heights APPLICANT: INVESTOR'S DEVELOPMENT AND MORTGAGE CORPORATION 5850 Avenida Encinas Carlsbad, California 92008 I. REQUEST: The applicant is requesting approval of a 264-lot tentative subdivision map on a 83-25 acre piece of property located on the east side of El Camino Real between Elm Avenue extended and'Chestnut Avenue. . The property is zoned R-l-7500 and R-l-9000. II. RECOMMENDATION: Staff is recommending that Exhibit B dated 10/22/74 be DENIED and Exhibit D dated 11/12/74 be APPROVED based on the following justification: 1. The project, as shown on Exhibit D, conforms to adopted General Plan. 2. The Exhibit D project meets all requirements of the R-l-7500 and R-l-9000 zones. 3. The Exhibit D project meets the requirements of the Subdivision Map Act and City of Car-lsbad Subdivision Ordinance. Recommended Conditions of Approval: 1. The Final Map shall be submitted for approval within one year from the final action by the City Council on the Tentative Sub- division Map. The Final Map shall be in substantial conformance of the Tentative Subdivision Map known as Exhibit D, dated 11/12/74. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations and restrictions of all municipal ordinance and State and Federal statutes now in force, or which, hereafter, may be in force for the purpose of preserving the residential characteristics of adjacent properties. .3. All public improvements shall be made ,in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the Subdivision Ordinance and other City Standards, to the satisfaction of the City Engineer, without cost to the City of Carlsbad, and free of all liens and encumbrances. Improvement plans for water and sewer systems shall meet the requirements of the respective service districts. 4. All land and/or easements required by this Ordinance shall be granted to the City of Carlsbad without cost to the City and free of all liens and encumbrances. No easements shall be recorded • prior to approval of the Final Map unless approved by the City Engineer. 5. All utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view. 6. All drainage and flood control facilities shall be approved by the County of San Diego Flood'Control District prior to installation. 7. Ornamental street lighting shall be provided for as required by Municipal Ordinance Code. The developer shall post a bond and/or cash in the amount necessary to energize said street lights for an eighteen month period after construction, to permit the incorpora- tion of the subdivision into a maintenance district. This shall be done prior to approval of Final Map. 8. The improvement plans shall include a report of a geological investigation and a complete grading plan of the entire site when required by the City Engineer. The report and plan shall be prepared by Civil Engineers licensed by-the State of California, and experienced in erosion control. Said Engineer shall .certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighboring properties and conform to the standards of the Geological Safety Element of the General Plan. 9. All slopes created as a result of this development shall not exceed a 2:1 slope, exeept as approved by the City Engineer. 10. In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings and adequate fire hydrants with required fire flows and dry-stand pipes shall be installed prior to framing construction. 11. Park-In-Lieu Fees shall be granted to the City concurrent with City Council approval of the Final Map. 12. Street trees, when required by the City, shall be installed by the applicant at his expense. Trees shall be of a type approved by the Parks Department and shall be installed to their specifica- tions. If removal of any existing tree is required by the City, said removal shall be at the applicant's expense. It shall be the responsibility of the applicant to make all arrangements with the Parks Department concerning the requirements of this condition. These'arrangements are to be made prior to approval of the Final Map. 13. Street names shall be subject to approval and shall be designated in accordance with the standards and policies adopted by the Planning Commission on file in the Planning Department. Said names shall be approved by the Planning Director prior to approval of the Final Map. 14. The C.C. & R's for this development shall be submitted to the Planning Director for review and approval prior to the approval of Final Map. 15. A secondary access shall be completed prior to-occupancy of Phases 2, 3 and 4. 16. The applicant shall purchase from the City the small offsite parcel which will be created at the northwest corner of the inter- section of Caldwell Lane and Elm Avenue. This parcel shall be added to Lot 149 prior to Final Map approval. 17. No sewage pump stations will be allowed, except on a temporary basis as approved by the City Engineer. 18. All cul-de-sacs on the site shall have a maximum length of 500 feet, except as approved by the City Engineer. 19. The applicant shall pay for half offsite construction of Caldwell Lane and Elm Avenue as shown on the tentative map. 20. The F.inal Map shall show a maximum grade at intersections of 9%. 21. The applicant shall grant an open space easement over Lots A, B and D to the City concurrent with City Council approval of the Final Map for Phase I. The applicant shall provide the following within this easement: a) Landscaping and a fully automated sprinkler system acceptable to the Parks and Recreation Director; b) A 10-ft. wide, maximum 7% grade asphaltic concrete path extending from Chestnut Avenue and joining the path on CT 74-4 • at their mutual boundary. The City will be responsible for maintenance and liability. 22. Alignment of "A" Street on CT 74-4 and Caldwell Street shall occur prior to final map approval. 23. Property lines between lots shall be at the top of the slopes. III. BACKGROUND: A. Legal Description: All that portion of Lot "J" of Rancho Aqua Hedionda, according to Partition Map No. 823 filed with the San Diego County Recorder. B. Surrounding Zoning: North: R-10,000 . South: E-l-A (County) East: P-C West: R-A-10,000 C. Surrounding Land Use: North: Vacant, application on file for single-family subdivision South: Vacant land in the County East: Vacant Lake Calavera Hills property master planned for a planned community at a net density of 5.7 d.u. 's/acre. West: The El Camino Mesa Subdivision is separated from the subject property by a small slip of undeveloped R-A-10,000 property. El Camino Mesa is zoned as R-l-7500,-8,000,-9,000 and 10,000 and is developed as single-family residential. D. General Plan Recommendations: 1 . Land Use Element: The Land Use Element of the adopted General Plan shows the subject property as Residential Low Medium Density (0-4 du/acre) and Open Space (in the northwest corner adjacent to the San Diego Gas and Electric Easement.) i The proposed tentative map has a density of 2.8 du/acre. The Open Space is shown as a corridor adjacent to the San Diego Gas and Electric Easement. 2. . Housing Element: - The Housing Element has a number of goals and recommendations which relate to this project: a) That all residents of Carlsbad have access to adequate housing within a price range they can afford. b) That environmental quality be established and enhanced to provide the necessary amenities and services for the residents of Carlsbad. c) Expansion of the urban portion' of the City should: (1) Preserve geographic and natural resources )(2) Retain natural topography (3) Provide contiguous open spac (4) Encourage design flexibility In this instance, there appears to be some compromise between the goal of providing housing for middle income families and retaining the natural topography. Staff believes that the open space corridor adjacent to the San Diego Gas & Electric easement is essential for adequate pedestrian/bicycle circulation and providing a linear open space corridor joining the park to the north. 3. Open Space and Conservation Element: The Open Space and Conservation Element shows a park corridor expanding up the San Diego Gas & Electric power!ine easements. It also speaks to maintaining the integrity of the natural hillsides. The subject proposal will involve massive earthmoving. How- ever, Staff believes there are two trade-offs which tend to offset the effects of the grading: a) The applicant's good faith in attempting to provide housing at affordable prices for middle income families; b) The provision of the Open Space Corridor, providing a link to recreational amenities and a potential school site to the north. E. Public Facilities Policy: The applicant has met the City's Public Facility Policy. Please see the attached letters from Car-lsbad Metropolitan Water District "and the Carlsbad Unified School District. F. E.I.R. Requirements: The Commission has voted to certify an EIR for the subject property. Thus, the tentative map has met all EIR requirements. G. Major Planning Consideration: The Exhibit B,which was a revised Exhibit submitted by the applicant, has several faults: 1. It shows a road which would be connected to "G" Street through . the Leadership Homes property. Staff prefers that the portion of the Leadership property be left in Open Space Easement and that "G" Street remain a cul de sac. The through street is not necessary for general circulation'purposes. Connecting the two streets would eliminate the open space corridor which separates the two properties. 2. If the road on the Tempi in Property ("B" Street) were to be cul-de-saced, it would exceed the League of California City's Standards for safe and functional cul-de-sac length. This standard states that cul-de-sacs should be no longer than 500', except when the number of,units served by the street Is restricted. The revised plan*, Exhibit D, still exceeds the 500' cul de sac length requirement, but has been brought to a length which can be tolerated by emergency services such as police and fire. 3. Exhibit B does not conform to the Open Space corridor shown on the Land Use and Open Space and Conservation Elements of the General Plan. ATTACHMENTS: Plot Plan - Exhibit "B" - Recommended for Denial Plot Plan - Exhibit "D" - Recommended, for Approval Letter from Carlsbad Unified School District Letter from Carlsbad Metropolitan Water District & ASSOCIATES, INC.'ocr 1974 CONSULTING ENGINEERS 2965 Roosevelt St.-P.O. Box 1095'Carlsbad, California 92008. (714)729-1194 October 29, 1974 Mr. Donald A. Agatep Director of Planning City of Carlsbad 1200 Elm Ave. Carlsbad, Calif. 92008 Subject: Carlsbad Tract 74-14 - Templin Heights - Carlsbad Municipal Water District. Dear Mr. Agatep: Responding to your request by letter received on October 25, 1974, this office has the following comments and recommendations regarding the revised tentative map of the subject project: 1. The District has furnished to you a letter dated October 6, 1974, at which time we commented upon the original tentative map, as filed. Accordingly, all of the items that- were set forth in that letter are applicable to the subject tentative map, inasmuch as the revisions, as we interpret them, do not involve the overall . matter of public water service. 2. We do note on Sheet No. 1 of the revised tentative map, that public water service is the responsibility of both the City of Carlsbad and the Carlsbad Municipal Water District. We want to advise you that pursuant to the forma,! agreements between the City and the District this subdivision is located within the retail service area of the Carlsbad Municipal Water District and as such the entire project will be served by the Water District. 3. There is currently discussion taking place for the consolidation of this proposed subdivision with neighboring properties and nei sta propert that a complete master plan of public water system facilities can be provided for the entire section of our Improvement District #3 this proposed subdivision with neighboring properties and ighboring developments, which have approval in the tentative map ages. Accordingly, the District .will recommend that all of the operties become involved in a specific engineering evaluation so If you have any questions regarding the project tained herein, please contact the undersigned. and our comments con- cc: Carlsbad Municipal Water District David L. Chamberlain OYK/le In Orange County. Santa Ana 74-305 truly yo (J^ Y Kubota, District Engineer ^arlsbad/ Municipal Water District 1 ~~\/V CARLSBAD UNIFIED SCHOOL DISTRICT 801 PINE AVENUE CARLSBAD, CALIFORNIA 92008 L_r. J September 10, 1974 Reference: CT 74-14 Templin Heights Investors.Development and Mortgage.Company Mrs. Mary Casler, Chairman and Members of the Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr, Donald A. Agatep, City Planning Director Gentlemen: • . Our district has reviewed the proposed 270-unit residential development generally located immediately east of the present easterly termination of Chestnut Avenue as referenced above arid have evaluated the impact of that development on the facilities of our district. Please be informed that our district is able to assure you that school facilities and services will be available concurrent with need for this development as it is presently proposed. Very truly yours L R. 'A. Crawrjmi District Superintendent FHL:RAC:aw CC: Investors Development and Mortgage Company ADMINISTRATION 729-9291 1 PLANNING COMMISSION RESOLUTION NO. 1101 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING THE REQUEST 3 FOR A PREANNEXATIOMAL ZONE CHANGE FROM COUNTY -l-A TO R-l-7500 AND R-l-9000 ON PROPERTY LOCATED 4 EAST SIDE OF EL CAM I NO REAL BETWEEN ELM AVENUE EXTENDED AND CHESTNUT AVENUE. CASE MO. ZC-145, 5 APPLICANT: INVESTOR'S DEVELOPMENT AND MORTGAGE CORPORATION6 WHEREAS a verified application for a certain property, to wit: 8 All that portion of.Lot "J" of Rancho Aqua HedionJa, according to Partition Map Mo. 823 filed with the San 9 Diego County Recorder; 10 has been filed with the City of Carlsbad and referred to the Planning Commission; and 12 WHEREAS, said verified application constitutes a request as provided by 13 Title 21 of the "Carlsbad Municipal Code"; and WHEREAS, the public hearing was held at the time and in the place specified in said notice on October 8, 1974; and 16 WHEREAS, the applicant has complied with the Public Facility Policy of 1 the City of Carlsbad and has provided the necessary information which insures 1 ft Public Facilities will be available and current with need; and 19 WHEREAS, the subject application has comp-lied with the requirements of 20 the City of Carlsbad "Environmental Protection Ordinance of 1972"; and 21 WHEREAS, at said public hearing, upon hearing and considering the 22 testimony and arguments, if any of all persons who desired to be heard, said 23 Commission considered all factors relating to the requested Zone Change and 24 found the following facts and reasons to exist: 25 1. The proposed zoning meets the intent of the Adopted General Plan, including the Open Space and Conservation Element.26 2. The zoning attempts to relate density concepts to the hillside 27 slopes. 28 29 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of 30 Carlsbad, California, as follows: That a Zone Change is approved for use of 31 said property from County E-l-A to R-l-7500 and R-l-9000 on a 83.25 acre 32 piece of property located on the east side of El Camino Real between Elm Avenue ^L 1 extended and Chestnut Avenue, as indicated on Exhibit A of ZC-145, dated 2 October 8, 1974. 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of 4 Carlsbad Planning Commission held on October 8, 1974 by the following vote, to wit: 6 AYES: Commissioners Watson, Dominguez, Wrench, Fikes, Casler 7 NOES: None I ; 8 ABSENT: Commissioner Jose 9 ABSTAIN: None 10 11 12 n Mary Casler^ Chairmanlo 14 15 "ATTEST: 16 17 18 T Q•*•* Secretary 20 21 22 23 24 25 26 27 28 29 30 31 32 -2- 1 2 5 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 29 30 31 32 PLANNING COMMISSION RESOLUTION NO. 1117 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING THE TENTATIVE SUBDIVISION MAP FOR 264-LOTS ON A 83.25 ACRE PIECE OF PROPERTY LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN ELM AVENUE EXTENDED AND CHESTNUT AVENUE ZONED R-1-7500 AND R-1-9000. CASE NO. CT 74-14, APPLICANT: INVESTOR'S DEVELOPMENT AND MORTGAGE CORPORATION. WHEREAS, a verified application for a certain property, to wit: All that portion of Lot "0" of Rancho Aqua Hedionoa, according to Partition Map No. 823 filed with the San Diego County Recorder, and further described in the files of the Carlsbad City Planning Department; 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 applicant has complied with the Public Facility Policy of the City of Carlsbad and has provided the necessary information which insures Public Facilities will be available and current with need; and WHEREAS, the subject application has complied with the requirements of the City of Carlsbad "Environmental Protection Ordinance of 1972"; and WHEREAS, said Commission considered all factors relating to the Tentative Subdivision Map and found the following facts and reasons to exist: 1. The project, as shown on Exhibit D on file in the Planning Department conforms to adopted General Plan. 2. The Exhibit D project meets all requirements of the R-1-7500 and R-1-900D zones. 3. The Exhibit D project meets the requirements of the Subdivision Map Act and City of Carlsbad Subdivision Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad as follows: A. B. That the above recitations are true and correct. That a Tentative Map is approved for use of said property to allow creation of 264 lots on a 83.25 acre piece of property located on the east side of El Camino Real between Elm Avenue extended and Chestnut Avenue zoned R-1-7500 and R-1-9000, and subject to the following conditions: The Final Map shall be submitted for approval within one year from the final action by the City Council on the Tentative Sub- division Map. The Final Map shall be in substantial conformance of the Tentative Subdivision Map known as Exhibit D, dated 11/12/74, on file in the City of Carlsbad Planning Department. The development of the property described herein shall b'e subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations and restrictions of all municipal ordinance and State and Federal statutes now in force, or which, hereafter, may be in force for the purpose of preserving the residential characteristics of adjacent properties. 3. All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the Subdivision Ordinance and other City Standards, to the satis- faction of the City Engineer, without cost to the City of Carlsbad, and free of all liens and encumbrances. Improvement ... plans for water and sewer systems shall meet the requirements of the respective service districts. 12 4. All land and/or easements required by this Ordinance shall be ,, granted to the City of Carlsbad without cost to the City and • . free of all liens and encumbrances. No easements shall be •*. recorded prior to approval of the Final Map unless approved by the City Engineer. 5. All utilities, including provisions for cable TV, shall be *f. placed underground. Ornamental street lighting shall be provided for as required by Municipal Ordinance Code. The developer shall post a bond and/ or cash in the amount necessary to energize said street lights for an eighteen month period after construction, to permit the incorporation of the subdivision into a maintenance district. This shall be done prior to approval of Final Ma?. 20 7. The improvement plans shall include a report of a geological 21 Investigation and a complete grading plan of the entire site when required by the City Engineer. The report and plan.shall 22 be prepared by a Civil Engineer licensed by the State of California, and experienced in erosion control. Said Engineer 23 shall certify that they have investigated the site and prepared data with full consideration of the consequences to the includec 24 and neighboring properties and conform to the standards of the Geological Safety Element of the General Plan. 25 8. All slopes created as a result of this development shall not 26 exceed a 2:1 slope, except as approved by the City Engineer. 27 9. In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable 28 vehicular access to all buildings and adequate fire hydrants with required fire flows and dry-stand pipes shall be installed 29 prior to framing construction. 30 10. Park-In-Lieu fees shall be granted to the City concurrent with City Council approval of the Final Map. 31 32 -2- 1 11. Street trees, when required by the City, shall be installed by the applicant at his expense. Trees shall be of a type approved 2 by the Parks Department and shall be installed to their specifi- cations. If removal of any existing tree is required by the 3 City, said removal shall be at the applicant's expense. It shall be the responsibility of the applicant to make all arrange 4 ments with the Parks Department concerning the requirements of this condition. These arrangements are to be made prior to .5 approval of the Final Map. 6 12. Street names shall be subject to approval and shall be desig- nated in accordance with the standards and policies adopted by the Planning Commission on file in the Planning Department. Said names shall be approved by the fanning Director prior to 8 approval of the Final Map. 13. The C.C. & R's for this development shall be submitted to the Planning Director for review and approval prior to the approval of Final Map. 14. A secondary access to Elm Avenue shall be completed prior to occupancy of Phases 2, 3 and 4. - 15. The City shall acquire and the applicant shall purchase from the City the small offsite parcel which will be created at the northwest corner of the intersection of Caldwell Lane and Elm Avenue. This parcel shall be added to Lot 149 prior to Final , _ Map approval.15 ., 16. No sewage pump stations will be allowed, except on a temporary •*• basis as approved by the C.ity Engineer. 17. All cul-de-sacs on the site shall have a maximum length of 500 _ feet, except as approved by the City Engineer.18 18. The applicant shall bond for half offsite construction of Caldwell Lane and Elm Avenue as shown on the tentative map. 20 19. The maximum allowable street grade through an intersection will 21 be 22 20. The applicant shall dedicate in fee title to the City, lots A, B and D and open space easement over Lot C concurrent with'City '23 Council approval of the Final Map for Phase I. 24 The slope areas shown as the rear portion of lots 28-32, 35-40 and 43-50 shall be granted to the City as an open space ease- 25 ment prior to City Council approval of the final map for Phase DA The applicant shall provide the following within these open 07 space lots and easements prior to final map approval for Phase | I: 28 a) Landscaping and a fully automated sprinkler system 29 acceptable to the Parks and Recreation Director; 30 b) A 10 foot wide, maximum 7% grade asphaltic concrete path extending from Chestnut Avenue and joining the path on 31 CT 74-4 at their mutual boundary. 32 - The City will be responsible for maintenance and liability. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. Alignment of "A" Street on CT 74-4 and Caldwell Street shall occur prior to Final Map approval. 22. Property lines between lots shall be at the top of the slopes. PASSED, APPROVED AMD ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on November 12, 1974 by the following vote, to wit: AYES: Commissioners Watson, Wrench, Fikes, Jose, Casler NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None Mary Casler., Chairman ATTEST: A. Agatep, Secretary 22 23 24 25 26 27 28 29 30 31 32 -4-