HomeMy WebLinkAbout1979-08-07; City Council; 3737-3; Revision of Previously Approved SubdivisionCITY OF CARLSBAD
AGENDA BILL NO. 3737. Supplement #3 - initial:
JDept.Hd.
DATE: August 7, 1979 c Attv
DEPARTMENT: City Attorney ' ' C. Mgr.
Subiect:REVISION OF PREVIOUSLY APPROVED SUBDIVISION, RANCHO
LA QUESTA, PHASE 5, CT 79-4, APPLICANT: AYERS.
Statement of the Matter
The City Council at your July 17, 1979 meeting directed
the City Attorney to prepare documents approving the
subject subdivision. The Council also directed inclusion
of a condition imposing a public facilities fee. In
order to comply with the Council's direction it was
necessary to depart from the Planning Commission's
recommendation in regards to findings. Pi-ease refer to
my memorandum, dated August 1, 1979, attached to the
O'Grady Agenda Bill No. 5905, Supplement #1, which, in
substance, applies to this project as well.
The City Council should satisfy itself that the attached
resolution accurately reflects your judgment in this
case.
The question has been raised as to the status of the
previously approved Subdivision CT 76-7. -Although this
matter could have been processed as a revision to that
"map, it was handled as a new application. The documents
as prepared would rescind the unfinalled portion of CT
76-7 and, in effect, approve a new subdivision. While
this action would give the developer an additional
period of time within which to complete the subdivision,
it also would subject him to the new conditions.
Exhibits
Resolution No. ^^7^ .
Recommendation
If the City Council is satisfied with the findings and
conditions and wishes to approve this project, your action
is to adopt Resolution No. ^f*?^ .
Council Action:
8-7-79 Council adopted Resolution 5872 with the addition of the words
"for sewer service" on Page 2, line 6, after the word "approval"
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RESOLUTION MO. 5872
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING
WITH CONDITIONS TENTATIVE MAP (CT 79-4)
TO REVISE A PREVIOUSLY APPROVED SUBDIVISION
CT 76-7, RANC1IO LA QUESTA, PHASE 5, THE
SEAPORT, ON APPROXIMATELY 15 ACRES
GENERALLY LOCATED ADJACENT TO THE WEST
OF EL CAMINO REAL AND NORTH OF THE
BATIQUITOS LAGOON. APPLICANT; AYERS.
WHEREAS, on July 11, 1979 the Carlsbad City Planning
Commission adopted Resolution No. 1530 recommending to the
City Council that Tentative Map (CT 79-4) be conditionally
approved; and
WHEREAS, The City Council of the City of Carlsbad, on
July 17, 1979 held a public hearing to consider the recommenda-
tions of the Planning Commission and to receive all recommendations
and hear all persons interested in or opposed to Tentative
Map (CT 79-4); and
WHEREAS, an Environmental Impact Report was certified
as complete for a previously issued entitlement for this project,
and the Planning Director has found the Tentative Map (CT 79-4)
to be in prior compliance with the City of Carlsbad Environmental
Protection Ordinance of 1972;
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission constitute
the findings of the City Council except for findings 3(a) and
3(b), which are disapproved and replaced by the following:
Based on a letter from the responsible sewer agency, the
City Council accepts the agency's representations that sewer
service is available for this project and so finds. Since
the conditions of approval provide that the final map can not
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be approved unless sewer service is available and building
can not occur within the project unless sewer service is
available and sewer connection permits are issued, the City Council
is satisfied that the requirements of the Public Facilities
Element of the General Plan have been met as they apply to
this Tentative Map approval,for sewer service.
At this time the City Council is not prepared to find that
all other public facilities necessary to serve this project
will be available concurrent with need. The City Council has,
by inclusion of an appropriate condition to this Tentative Map,
required that the project contribute to the costs of
such facilities. Since the development will pay its proportionate
share of the public facilities which it will require, the City
Council is satisfied that the requirements of the Public Facilities
Element of the General Plan have been satisfied.
C. That said Tentative Map, together with the provisions
for its design and improvement, and subject to the conditions
of this resolution, is consistent with, all applicable general
and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 79-4) is hereby
approved subject to all applicable requirements of the Carlsbad
Municipal Code and to the satisfaction of the following
conditions:
1. The approval is granted for the portion of land described in
the application and as shown on Exhibit "A", CT 79-4, dated
June 5, 1979, on file in the Planning Department and
incorporated by reference herein and the project shall be
developed as shown on the exhibits.
2. The applicant shall ensure adequate noise attenuations for
all portions of the site subject to ambient noise levels in
excess of 65 dB(A), subject to the approval of the Planning
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VINCENT F. BIONDO. JTTORNEY - CITY OF C1200 ELM AVENUERLSBAD, CALIFORNIA-> "H
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Director and in accordance with the noise element of the
General Plan.
Park-in-lieu fees shall be paid to the City of Carlsbad for
park purposes as required by the Parks and Recreation Director.
All areas within the subdivision shall be designated as a legal
lot or public right-of-way.
All utilities, including provisions for Cable TV, shall be
placed underground and/or completely concealed from view.
At the time of filing for a final map, the applicant shall
provide the Planning Director with a list of at least three
alternate street names for the proposed street currently
labeled "Wisteria Court" on Exhibit A, dated 6/5/79. These
street names shall conform with the current City Council policy
regarding names.
All other street names shall be designated concurrent with the
final map filing, in accordance with the adopted City street
name ordinance and subject to the approval of the Planning
Director.
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 passable
vehicular access to all buildings, and adequate fire hydrants
with required fire flows shall be installed as recommended by
the Fire Department.
Additional right-of-way shall be dedicated and street improve-
ments made to provide a standard 126 foot street section
including a Class II (striped) bike lane for El Camino Real
from the northern boundary of the subdivision to Arenal Road.
The subdivider shall also provide for the dedication and
improvement of a transitional section of roadway from Arenal
Road southward bound on El Camino Real to the satisfaction
of the City Engineer.
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
approved by the City Engineer, without cost to the City of
Carlsbad, and free of all liens and encumbrances. All improve-
ment plans for water and sewer system shall meet the require-
ments of the respective service districts.
The storm drainage shall be designed per the requirements of
the City Engineer and the San Diego County Flood Control
District. The final storm drain design shall be in substantial
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conformance with the storm drain system as shown on
Exhibit "A", dated June 5, 1979.
12. 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 Flood
Control. Where a drainage channel is required, such channel
shall be lined with a suitable material as specified by the
County Department of Sanitation and Flood Control. An access
easement shall be provided to each drainage system mainten-
tenance access point directly accessible from a public road-
way. Said access easement shall be paved and aligned to the
satisfaction of the County Department of Sanitation and Flood
Control and the City Engineer.
13. Additional drainage easements arid drainage structures shall
be provided or installed as may be required by the County
Department of Sanitation and Flood Control and/or the City
Engineer.
14. A desilting basin, within an adequate easement, and designed
to the satisfaction of the County Department of Sanitation
and Flood Control and the City Engineer will be required at
the outlet of the major drainage facility.
15. 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 improvements
for this subdivision the developer shall substitute a
sufficient bond, as determined by the City Engineer, for
the continued maintenance and eventual removal of the
desiltation basin. This bond shall be retained by the
City until such time as the City Engineer determines the
slopes have been satisfactorily stabilized and the desiltation
basin has either been removed or is accepted for maintenance
by the City pursuant to the recommendation of the master
drainage plan presently being compiled by the City.
16. All drainage and grading plans shall be submitted to the City
Engineer for approval. Cut and fill slopes shall be a
maximum of 2:1.
17. Immediately upon the completion of grading, all slopes
within the cross-hatched area, as indicated on Exhibit "A"
of CT 79-4, dated June 5, 1979 shall be stabilized by
hydroseeding, mulching and fertilization.
18. The hydroseed mix shall be designed by an expert in the
field and shall be subject to the approval of the Parks
and Recreation Director. The seed mix shall be designed
so as to include the maximum number of native plant species
as feasible, without reducing the effectiveness of the
erosion protection. The contractor shall submit proof
of plant species and quality of seed mix.
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" 8-J CC fsjOC < C)VINCENT F. BIONDO, JVTTORNEY - CITY OF C1200 ELM AVENUEXRLSBAD, CALIFORNIA^ --4.
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The hydroseeding, mulch and fertilization design shall be
determined by an expert in the field, based on a soil
analysis of the slopes taken at a maximum interval of
500 feet. In no case shall the mulch be applied at less
than 2000 Ibs./acre or the fertilizer at less than 1000 Ibs./
acre.
The developer shall obtain the approval of the Planning
Director for a detailed landscape and irrigation plan prior
to final map approval., The. irrigation system shall be
installed immediately upon completion of grading. The
irrigation plan shall provide for temporary water connections
to be made prior to the installation of the required
subdivision improvements.
All land and/or easements required 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 recordation of each final map unless approved by the City
Engineer.
Arenal Road shall be dedicated and improved on the basis of
a full 84 foot street section including a Class II bike lane,
in conformance with the circulation element of the General
Plan. Improvements shall be constructed from El Camino Real
to the west side of Columbine Drive subject to the approval of
City.Engineer. Dedication shall be for the entire Arenal Road
within the subdivision boundary, and the applicant shall provid
off-site street right-of-way when the street overlaps to the
south boundary of the subdivision.
Dedication of Arenal Road shall include a waiver of direct
access rights from all lots shown on the final map abutting
thereon.
The applicant shall dedicate a 20 foot open space easement alonjg
the bank at the rear of lots backing up to El Camino Real.
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 ordinances 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.
The applicant shall provide adequate methods of dust control
conforming to the City of Carlsbad's standard specifications
during all phases of construction.
Prior to the recordation of the final map, the subdivider
shall enter into a secured agreement for the completion of
one quarter of the cost of a traffic signal at the intersection
of Arenal Road and El Camino Real.
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28. Fire hydrants shall be installed at locations and with
flow rates approved by the Fire Chief or his representative.
29. This subdivision is approved on 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.
30. This subdivision is approved upon the express condition that
building or grading permits will not be issued for development
on the subject property unless the City Engineer determines
that sewer facilities are available at the time of application
for such permit and will, continue to be available until time of
occupancy and that sewer connection permits have been issued
by the responsible agency. If the City Engineer determines
that sewer facilities are not available, or connection permits
are not issued, building permits will not be 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 competing
uses as the City Council may adopt. If an allocation plan is
adopted prior to final map approval, the applicant shall
satisfy the requirements of such plan as a further condition
of this Tentative Subdivision Map approval.
32. Prior to issuance of building permits, the developer
shall pay a public facilities fee as it may be adopted
by the City Council. Prior to approval of the final
map arrangements satisfactory to the City Manager shall
be made guaranteeing such payment.
F. That the previously approved Subdivision for this property,
Tentative Map CT 76-7, as approved by Resolution No. 3998, is
hereby rescinded.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 7th day of August 1979
by the following vote, to wit:
.AYES:
NOES:
Councilman Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler
None
ABSENT: None
ATTEST:
• RONALD C. PACKARD, Mayor
tL* X.
ALETHA L. RAUTENKRANZ, City Clejrk
(SEAL)