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HomeMy WebLinkAbout1980-11-04; City Council; 6399-1; 12 Lot Tentative Tract Map- Henry Worleyc CITY OF CARLSBAD w AGENDA BILL NO. 6399-Supplement 1 DATE: November 4 1980 DEPARTMENT:City Attorney Initial Dept.Hd C. Atty C. Mgr. Subject:12-LOT TENTATIVE TRACT MAP APPLICANT: HENRY WORLEY CASE NO: CT 80-34 Statement of the Matter The City Council, at your meeting of October 28, 1980, directed the City Attorney to prepare the necessary documents approving Tentative Subdivision Map ( CT 80-34). A resolution of approval has been prepared and is attached. Exhibit Resolution No. (& 3 *4 \ Recommendation If the City Council concurs, your action is to adopt Resolution No. <^Jt/^ approving Tentative Subdivision Map (CT 80-34). Council Action: 11-4-80 Council adopted Resolution 6349, approving CT 80-34. Q COooCN0> U,< -> 5go ^* •> w° t <t ~" o O u.Q O i .5 -Ju. . 5<uO z % 8 oLU 2. tN <fU CC ^ - O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Ul (J 80 16CN <fin 17< s 18 19 20 21 22 23 24 25 26 27 28 W RESOLUTION MO. 6349 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-34) TO PROVIDE 12 LOTS ON 50.18, ACRES IN AN EXISTING P-M ZONE, GENERALLY LOCATED ON 'THE SOUTH SIDE OF CAMINO VIDA ROBLE. APPLICANT: HENRY WORLEY. WHEREAS, on September 24, 1980 the Carlsbad Planning Commission adopted Resolution No. 1700 recommending to the City Council that Tentative Subdivision Map (CT 80-34) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on October 28, 1980, held a public hearing to consider the recommendations of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-34); and WHEREAS, said Tentative Subdivision Map has been declared to have a nonsignificant impact on the environment and a Negative Declaration has been prepared and filed in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1980. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: A. That the above reciations are true and correct. B. That the findings of the Planning Commission in Resolution No. 1700 constitute the findings of the City Council in this matter. C. That said Tentative Subdivision Map, together with the provisions for its design and improvement and subject to iu 0 0 5 " It "> H oc £o 1 2 3 4 5 C 7 8 9 10 11 12 13 du^l 14o o i g i£M 15 16 JL7 18 19 20 21 22 23 24 25 26 27 28 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 80-34) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No. 1700, dated September 24, 1980, with the exception of Conditions No. 24 and No. 25 which have been deleted. Said Planning Commission Resolution No. 1700, Marked Exhibit A, is attached hereto and made a part hereof. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 4th day of November ' , 1980 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST: K. ALETHA L. RAUTENKRANZ, City Clerk) (SEAL) -2- 6 wit: WHEREAS, a verified application for certain property to, 7 8 "Parcels B and C of Parcel Map No. 9959, filed in the 'County Recorder of San Diego County, April 24, '1980 •r * " . . has been filed with the City of Carlsbad, and referred to the ... ' Planning Commission; and VWHEREAS, said verified application constitutes a request as „., provided, by Title 21 of the Carlsbad Municipal Code; and J.O WHEREAS, .the Planning Commission did, on the 24th day of .15 1C 17 18 19 20 21 22 23 24 25 7 20«; EXHIBIT A^'OCI'rY COUNCIL RESOLUTION NO. 6349 PLANNING COMMISSION RESOLUTION NO. 1700 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 1 APPROVAL FOR A 12 LOT TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CAMINO VIDA ROBLE. . APPLICANT: HENRY WORLEY ' CASE NO: CT 80-34 September,. 1980, hold a duly noticed public hearing as' prescribed by law to consider said request; and . . WHEREAS, at said piiblic hearing, upon hearing arid 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. • ' NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning«. ' . • Commission as follows:. . <"'_-. * * • * A) That the above recitations are true and correct. B) That based on the evidence presented'at the public hearing, the' Commission recommends 'APPROVAL of CT 80-34, based on the following findings and"subject to the following conditions « Findings: . . t_ 11— *-- -- * * . 1.) The proposed tentative map is consistent with the city's •General Plan since it is located within an area designated for industrial development by the Land Use Element of the General Plan. • ' . 2 ''6 4 policies and ordinances since •5 6 7 8 9 10 ii 12 13 14 15 16 r? 18 19 23 24 26 • /•;,7 2) The site is physically suitable for the type and density of •the* development since the site is adequate in size and shape . to accommodate industrial development at the proposed densiUy and still meet all the requirements of the city's subdivision ordinance. . . \ . * 3) The project is consistent with all city public facility . a) The Planning Commission has, by inclusion of an . appropriate condition to this project, insured that the final map will- not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map . that building permits may not be issued for the project unless the City Engineer determines that sewer service. is available. Since the final map cannot be approved unless sewer service is available, and building cannot occur within the project unle'ss sewer service remains • available, the Planning "Commission is satisfied that • the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provided or will be required as conditions of approval. c) the applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities • | fee. . Performance of that contract, and payment of the . | fee -will enable this body to find .that public facilities will'be-available concurrent with need as required by .• the general plan. ' . 4) The proposed project is compatible with surrounding and future land uses since it is being developed as industrial property and the surrounding uses are or will be industrial 20 5) The design of the project will not cause any significant 21 . environmental impacts since based on an initial study of the project (including a field investigation of the site and archaeological survey) the Planning Director, has determined that the proj-ect will not result in any adverse environmental impacts and therefore has issued a declaration of negative environmental impact on Condit:i ons: 25 1) Approval is granted, for CT 80-:M, as shown on Exhibit "A", dated August 15, 1980, incorporated by reference and on -file- in the Planning Department. Development shall occur substantially, as shown unless otherwise noted in. these conditions. 28" PC Ul-KO «1700 • -2- - •• 4 3- 1 2 3 4 .5 6 7 8 issued. This note shall be placed on the final, map.. 9 10 .11 12 13 14 15 16 X7 18 19 20 21 22 2o 24 26 r>7 2) This subdivision is approved upon the express condition .that the final map shall hot be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. In the event that sewer is not available and the planning moratorium is still in effect, the provisions of Section 66452.6(b) of the Subdivision Map Act 'shall apply. 3) This subdivision is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that.. sewer facilities are available at the time of application for such permits and will continue to be available until time ••of occupancy. If the City Engineer determiners that sewer facilities are not available, building permits will not be .4) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No» 17, dated August 29, 1979, on file with the. City Clerk and incorporated herein by reference1, and according to the agreement executed by the.-applicant for. payment of said fee a copy of that agreement dated August 4, 1980, is on file with the City Clerk and is incorporated herein by reference. If said fee is not paid as promised, this, -application will not be consistent with the General Plan and approval for this project shall be void.. 5) The applicant shall install street trees to city spec- ifications at 40 foot intervals along all public street .'frontages prior to final occupancy of any building. The variety of said trees shall be subject to the approval of the Parks and•Recreation Department. 6.) Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval by the Planning Department prior to installation of such signs. 7) . Prior to issuance of any building permits a uniform sign program for this development shall be submitted to the • Planning Department for its review and approval. 8) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris . • * ' * • ' . • • * 9) All roof appurtenances', including air conditioners, shall be architecturally integrated and shielded from view and sound-buffered fi;om adjacent properties and streets to the satisfaction of the PJ mining Department and lUi.i3d.ing Department. //// . ' •' •[ PC UlivSO .//1700 . -3'- .' •**/..• 1C) Approval of this request sh'nl.1 not excuse compliance with all sections of the zoning ordinance and all other applicable city ordinances in effect at time of building permit issuance. 3 11) Prior to issuance of"any grading permits for the subject 4 •' 6 7 8 9 10 3.1 14 15 16 20 22 23 24 25 27 20 property a qualified archaeologist shall make a field examination of the site. If this survey reveals that any significant archaeological resources exists on the subject property an evacuation and evaluation of the site will be required prior to issuance of any grading permits. 12)- The riparian habitat along the southerly property boundary • shall-be maintained and planted in a manner similar to the existing modified riparian area immediately to the east of • the subject property. All trees removed during.the modification of the drainage course.shall be replaced on a one for one basis. The modified riparian habitat shall be landscaped to the satisfaction .of the Planning Director. 13) Lot 4 shall be permitted to have only one driveway access onto Camino Vid,a Roble subject to the approval of the City Engineer. Also, access for lot 1 on Camino Vida Roble shall be at least 300 feet from its intersection with Palomar j ' Airport Road. . .- .' 14) All access rights to Camino Vida Roble from lots 10, 11,'and 12 shall be relinquished and waived on the final map. ' 15) The storm drain system adjacent to Camino Vida Roble shall be designed to adequately carry the design flow an<';. protect theV*. V» •--* ••*- /-_ * * W VA L. V* t*- V* V-» vx \^t \r*. trf t^f _»_ j Vc *-* J. *. 7 W .« i Vrf V -v~« -_'.». L * «. JLs -A. VX <* V* ** • • t' A. *-• street subject to the approval of the City Engineer. 17 I - . . . 16) The developer shall, receive the approval of the City Engineer for a site grading plan and obtain a gradin-g permit prior to issuance of building permits. 19 17) Grading shall occur in accordance with an approved grading and erosion control plan, city standards, and an approved soils and geologic investigation report which shall include slope stability calculations and • construction specifications-. All exposed slopes ,shall be hydromulchcd or otherwise stabilized immediately upon completion of grading subject to the approval of the City Engineer. • • . 18) Drainage improvements shall .be constructed .in accordance with an approved plan, and the work'shall be coordinated with the overall plan for grading to the satisfaction of the City Engineer. 26 19) In order to provide for fire protection during the construction -period , the applicnnt shall maintain passable vehicular acccsr. to all build ings . In addition, adequate fire hydrants with required Tiro flows shall MLSIl JUVOO~~™~~ 2 3 4 '5 6 7 8 9 10 11 12 13 14« •15 17 -18 19 20 -23 '24 25 26 « 27 2B 20) be installed on and off site -as required by . the Fire Department/ The. location of access driveways to all lots shall be reviewed and approved by the Fire Department prior to final map approval. • • • * • ' The applicant shall comply with all applicable conditions of CT 73-49 and all conditions of MS-432. ' ••••-' 21) The applicant shall dedicate land for Corte del Nogal on the ' final map and shall improve the street as shown on the tentative map and to city standards prior to the occupancy • of any units . . . • . 22) The applicant shall comply with all regulations and requests of the Costa Real Municipal Water District within -which this property is located. . .. - 23) The applicant shall install a pedestrian and equestrian trail along the southeasterly portion o'f the 'subject property adjacent to-Camino Vida Roble prior to final occupancy of any units. .-« • ' ' 24) If the city adopts a policy and standards relating to waste water reclamation prior to the issuance of a building permit -. for the first unit, the applicant shall install improvements to accommodate water reclamation on the property pursuant '. • to said policy and standards. , . • 25) The applicant shall agree to participate in 'the funding of- • • a study to be performed by Caltrans to determine the .feasibility of widening the* Palomar Airport Road bridge over Interstate 5. The .amount of said funding shall be ' . determined by the .City Engineer and shall be paid prior to the approval of the final map. PASSED, APPROVED AND ADOPTED at a regular meeting of -the Planning Commission of the City of Carlsbad, California, held on the 24th day of September, 1980, by the following vote, to wit: AYES: • . . . ' -• . .<- NOES : . * . • ' ABSENT: . • , ~ ' '•'*.' ABSTAIN: . • ATTEST: , • iriWN~STlu:ITK7ir^ CARLSBAD PLANNING COMMISSION J AMlTlf C. WG AM'A N , Sec re t a ry CAUl.SUAU iM.ANNlNC, COMMISSION -s-