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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" 8 g • (E CM sSsi S?5§2£ ^2 05 O 5 H --35 z £ SoU Z CM rfO £ - m It 3> h ac O o 1 2 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 W 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 D m 5"sioo i IZ v uj ;;2£$£"5 5-J "••jdS £|gdUJ ^ N rfyg-§ > t- o S1 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 C 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 -2- D 1 §rf "5 ^EC < ro VINCENT F. BIONDO. JTTORNEY - CITY OF C1200 ELM AVENUERLSBAD, CALIFORNIA-> "H O t 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 3. 4. 5. 6. 7. 8. 9. 10 11 w 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 -3- Q O 5 <O CC o o 1 2 3 4 5 6 7 8 9 10 11 12 CO -1-28 13 o-u.gf 14 S?S§ i t < ^. 15 n /;Z "J o Q J-Um z CN <rO £ ^ mHO w>P EC 17 18 19 20 21 22 23 24 25 26 27 28 c 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. -4- ' D S co " 8-J CC fsjOC < C)VINCENT F. BIONDO, JVTTORNEY - CITY OF C1200 ELM AVENUEXRLSBAD, CALIFORNIA^ --4. >- °H 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 4 19. 20. 21. 22. 23. 24. 25. 26. 27. /// 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. -5- fche Q (/] Q•z. 0 :_ L(j UJ 2 II o < i ~- —I O Q 3 4 .5 6 7 8 9 10 11 12 13 rf^S 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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)