HomeMy WebLinkAbout1992-11-10; City Council; 11954; TENTATIVE MAP EXTENSION CARLSBAD TRACT NO. 83-30 KELLY RANCHz 0 F: 0 a
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C. A new standard condition that requires the project to conform to CI
National Pollutant Discharge Elimination System (NPDES) F
requirements.
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The three new project specific conditions encompass the following requirements:
A. A condition that requires the applicant to utilize reclaimed water on
~ subject property in all common areas.
1 A condition that requires irrigation system design consistent with the fu
~ use of reclaimed water.
1 A condition that requires the applicant to agree to an irrevocable offc
~ dedication for trails.
Since this is master tentative map which only divides the property into future plani
areas, no ac i ual development or residential units are approved by the map. Fu
discretionary kipprovals will be required for development of each planning area and
density of de elopment will be required to comply with the Growth Management PI;
6.
I C. " FISCAL IMPACT: 1
No detailed economic impact analysis of this development has been conducted. VI
increased op rating expenses related to this development are expected to be offset 1
increased tax e or fees revenue, no exact percentage of offset can be predicted. I
EXHIBITS:
1.
2. Locati 0 n Map.
3.
4.
5. City ouncil Resolution No. 9222, dated September 1, 1987.
6.
Letter requesting extension, dated June 1, 1992.
City Oouncil Resolution No. 7750, dated September 18, 1984.
Plann ng Commission Resolution No. 2333, dated August 8, 1984.
Resol tion No. yg- 33/
Map T 83-30/Kelly Ranch.
approving a one year extension for TenG
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Kelly Ranch
1287 Vera Cruz
Oceanside, CA 92056
May 20, 1992
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f?vLY 2:
CITf OF @I Mr. Lloyd Hubbs
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
Engi-neering Department ENC:.lNEERjN~
Re: Extension of Tentative Tract map CT83-30
Dear Mr. Ilubbs,
In September 1984, Kaufman & Broad received
approval on CT83-30, a tentative tract map on the
Kelly Ranch site. They continued with mapping until
December 31, 1990 at which time they elected to
drop the development. The property was immediately
put back on the market for sale. Though other de-
velopers have considered it none has yet chosen to
buy. The current economic crisis plays a part but
we ‘are a.lso told that the constraints are too costly.
This stalemate has caused the mapping to remain
incomplete. Sirice the expiration date is June 13,
1992, our family has concluded that our best course
is to seek a one year extension on the m&p.
I believe there are other requirements in the
extension process. I hope you will inform us of those
so we can complete the correct procedare.
Thank YOU.
Sincerely, J& %f*H
Lucia Sippel
for the Kelly family
cc Christer Westman
encl: $525.00 check
Chris Lau
EW%9,
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i RESOLUTION -NO. 7750
A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0
CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS
20 LOT MASTER TENTATIVE MAP CT 83-30 FOR THE K
RANCH MASTER PLAN AREA ON 433 ACRES OF PROPERT
GENERALLY LOCATED BETWEEN THE EASTERLY EDGE OF
AGUA HEDIONDA LAGOON AND EL CAMINO REAL.
APPLICANT: CAL COMMUNITIES, INC.
CASE NO.: CT 83-30
WHEREAS, on August 8, 1984, the Carlsbad Plannin
Commission adopted Resolution No. 2333 approving tentativ
map CT 83-30; and
WHEREAS, the City Council on September 4, 1984 k
public hearing to consider the recommendations and heard
persons interested in or opposed to tentative tract map (
and
WHEXEAS, said tentative tract map has undergone.
previous environmental reveiw and a Notice of Prior Envii
Compliance has been issued on November 15, 1983.
NOW, THEREFORE, BE IT RESOLVED by the City Couni
the City of Carlsbad, California as follows:
A. That the above recitations are true and cor
B. That the findings of the Planning Commissio
Resolution No. 2333 constitute the findings of the City
in this matter. -
C. That tentative tract map CT 83-30 together
provisions for its design and improvement and subject to
conditions of this resolution, are consistent with all a
general and specific plans of the City of Carlsbad.
D. That subdivision CT 83-30 is hereby approve
to all applicable requirements of the Carlsbad Municipal
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to the satisfaction of the conditions contained in Planning
Commission Resolution No. 2333, dated August 8, 1984, marke
Exhibit A, attached hereto and made a part hereof, with thc
exception of the addition of the following to Condition No,
and Condition No. 31A:
CONDITION NO, 20:
"Provided, however, the developer will not be req to maintain any desilting basins that primarily SI areas other than this subdivision."
CONDITION No. 31A:
"Prior to final map approval the developer may pr
an alternative plan for the construction of Cannc to the City Council for their consideration. The
alternative may provide for the construction by t developer of at least two lanes of Cannon Road fr Camino Real to Interstate 5, the off-site portior
would be in lieu of the north half of the on-site portion of the road. The City Council may appro1
alternative plan for Cannon without amending the conditions of this tentative map. The developer
financial responsibility for the off-site portio]
Cannon be limited to the amount of money he woulc
otherwise spend in satisfying the conditions of
resolution for the north half of Cannon on-site.
City Council is not prepared to decide that ques' without further study of the costs involved as w other alternatives for the construction of Canno including but not limited to an assessment distr
The amount of the developer's financial responsi for off-site Cannon Road will be determined by t
Council as a part of their consideration of the
developer's alternative plan."
asked that in approving the alternative plan his
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PASSED, APPROVED AND ADOPTED at a regular meetin
the City Council of the city of Carlsbad, California on t
18th day of SePmr i 1984 by the following
to wit:
AYES:
NOES: *XE
ABSENT: Council PWber Kulchin
Council Elembers Casler, Lewis, Chick and Presmtt
% d.PA
MARY H. ( CAS LER, Mayor
ATTEST:
c-d=-L- ALETHA L. RAUTENKRANZ, City glerk
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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 proper
wit:
Portions of Lots "F" and "I" of Rancho Agua Hedion
according to Map No. 823 filed November 16, 1896,.
has been filed with the City of Carlsbad, and referred to t
Planning Commission; and
WHEREAS, said verified application constitutes a 1:
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 8th d
August, 1984, hold a duly noticed public hearing as prescri
law, to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all per
desiring to be heard, said Commission considered all factor
relating to the Tentative Tract Map and;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan1
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public heal the Commission APPROVES CT-83-30, based on the follow findings and subject to the following conditions:
Findings:
1) The proposed master tentative map divides a 433 acre s
large parcels in conformance with the planning areas w the Kelly Ranch Master Plan.
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2) The proposed tentative map will not approve any developn within the Kelly Ranch Master Plan area, subsequent tent
maps or site development plans will be required for the development of each planning area.
3) The project is consistent with all City public facility
icies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, insured that
final map will not be approved unless the City Coun 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 sen
available, and building cannot occur within the prc unless sewer service remains available, and the P1z Commission is satisfied that the requirements of tk public facilities element of the general plan have met insofar as they apply to sewer service for thiz
project .
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 ,
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 ir
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.
b) The Carlsbad School District has written a
4) The proposed project is compatible with the surroundir land uses since surrounding properties are designated residential development on the general plan,
5) The environmental impacts of this project have been adequately addressed in a previously certified enviroi impact report and the supplement to that environmenta
report. Additional environmental review will be requ when development plans are submitted for each planninl
Conditions:
1) Approval is granted for CT 83-30, as shown on Exhibit
dated July 27, 1984, incorporated by reference and on the Land Use Planning Office. Development shall occu substantially as shown unless otherwise noted in thes conditions.
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2) This project is approved upon the express condition th,
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.
3) This project is approved upon the express condition th
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 .
4) This project is approved upon the express condition tk
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, i
according to the agreement executed by the applicant i payment of said fee, a copy of that agreement, dated (
4, 1983, is on file with the City Clerk and incorporal
herein by reference. If said fee is not paid as promi
this application will not be consistent with the Gene]
and approval for this project shall be void.
5) The applicant shall pay park-in-lieu fees to the City
to the approval of the final map as required by Chaptt of the Carlsbad Municipal Code.
sections of the Zoning Ordinance and all other applic ordinances in effect at time of building permit issua
7) Water shall be provided to this project pursuant to t
Service agreement between the City of Carlsbad and th
Real Water District, dated May 25, 1983.
A 500' scale map of the subdivision shall be submitte
Land Use Planning Manager prior to the recordation of
final map. Said map shall show all lots and streets and adjacent to the project.
9) 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 .
10) Approval of Tentative Tract 83-30 is granted subject
approval of Master Plan 174.
11) Grading shown on the tentative map is conceptual on11 Further review of a more detailed grading plan shall required to ensure conformance with the City's Planne Development Ordinance, Agua hedionda Local Coastal PI Planned Community Zone and Grading Ordinance. Said c
plan shall be submitted to and approved by the City I and Land Use Planning Manager prior to any grading ol
6) Approval of this request shall not excuse compliance
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site.
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12) That portion of Kelly Drive between Via Hinton and Pla
Area D is specifically not approved.
Engineering Conditions
13) The developer shall obtain a grading permit prior to t
commencement of any clearing or grading of the site.
14) The grading for this project is defined as "controlled
ing" by Section 11.06.170(a) of the Carlsbad Municipal Grading shall be performed under the observation of a
engineer whose responsibility it shall be to coordinat inspection and testing to insure compliance of the wor
the approved grading plan, submit required reports to
Engineer and verify compliance with Chapter 11-06 of t Carlsbad Municipal Code.
15) Upon completion of grading, the developer shall insure
"as-graded" geologic plan shall be submitted to the Cj
Engineer. The plan shall clearly show all the geologj exposed by the grading operation, all geologic correcl measures as actually constructed and must be based on tour map which represents both the pre and post site <
This plan shall be signed by both the soils engineer i engineering geologist. The plan shall be prepared on or similar drafting film and shall become a permanent
16) No grading shall occur outside the limits of the subd unless a letter of permission is obtained from the ow1 the affected properties.
17) All slopes within this project shall be no steeper th, 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 contrc measures and shall construct temporary desiltation/de
basins of type, size and location as approved by the '
Engineer. The basins and erosion control measures sh
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer
the start of any other grading operations. Prior to
removal of any basins or facilities so constructed th served shall be protected by additional drainage faci
slope erosion control measures and other methods requ approved by the City Engineer. The developer shall m
the temporary basins and erosion control measures for of time satisfactory to the City Engineer and shall g
their maintenance and satisfactory performance throug
deposit and bonding in amounts and types suitable to Engineer.
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19) Additional drainage easements and drainage structures s
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City
neer.
The developer shall construct desiltation/detention baz
a type and size and at locations as approved by the Cit
Engineer. The developer shall enter into a desiltatior maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval final map for this project. Each desiltation basin shz serviced by an all weather access/maintenance road. TI
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
harmless agreement regarding drainage across the adjacl
property prior to approval of the final map.
22) Land for all public streets and easements shown on the
tative map shall be dedicated on the final map and sha
granted to city free and clear of all liens and encum- brances.
23) Direct access rights for all lots abutting El Camino R
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Cannon Road shall be waived on the final map.
24) The applicant shall agree to utilize reclaimed water,
I form, for Master Plan Areas E-R in all common areas approved by the City Engineer.
25) Irrigation systems to accommodate future reclaimed wat
be designed consistent with Title 17 of the Californie Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the inst
of adequately sized sleeves at crossing points to mini street excavation.
26) The developer shall provide the City with a reproducit copy of the tentative map as approved by the Planning
Commission. The tentative map shall reflect the condj
approval by the City. The map copy shall be submittec City Engineer prior to improvement plan submittal.
27) Prior to recordation of any final map for this develo
the owner shall give written consent to the annexatioi
area shown within the boundaries of the Tentative Map existing City of Carlsbad Street Lighting and Landsca
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.
e xis ti ng conditions.
Prior to hauling dirt or construction materials to any proposed construction site within this project the devc
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.
29)
30) The developer shall comply with all rules, regulations
requirements of the respective utility agencies regard] services to the project.
31 ) Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of t
Engineer. Prior to approval of the final map, the subc
shall install, or agree to install and secure with appl
security as provided by law, improvements shown on the
tentative map and the following improvements to City st
to the satisfaction of the City Engineer:
Phase I 1) Half street of Park Drive adjacent to the
(Lots 1 & 2) project site from Neblina Drive to Kelly Drive in accordance with the sections as approved in Master Plan 174 and additonal transition section as required.
Phase I1 1) Full width Kelly Drive from Park Drive to
approved in Master Plan 174. (Lots 3 & 4) Hinton in accordance with the section as
2) All utilities necessary to serve the
development within this phase including a offsite waterline extensions necessary to provide water service to the site.
Marta as shown on the tentative map.
3) Full width Via Hinton from Kelly Drive to
Phase I11 1) Half street plus 12 feet of the street la
(Lot 5) Kelly Drive from El Camino Real to a loca approved by the City Engineer in accordan with the section as shown on the tentativ. including a cul-de-sac turnaround at the southwesterly terminus.
development including any offsite waterlii
extensions necessary to provide water ser7 to the site.
2) All utilities necessary to serve the
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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.
Development of Phase III shall be subjec
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 Agua Hedi
Creek and any channel improvements neces
protect the roadway. The time limit for
construction of the above required Canno
improvements shall be as determined by t Engineer upon approval of a specific dev
plan for a project within the Phase IV a
the Phase IV area as shown on the tentat subject to the City cul-de-sac policy an
approval of a specific developmental pla the Phase IV area.
3) All utilities necessary to serve the dev
4) A sewer trunk line, pump station and for in Cannon Road from El Camino Real to ad 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 Cc
authorizes the development of a project 1 this phase utilizing an alternate means ( sewering the project the developer shall minimum construct a dry sewer trunk line required portion of Cannon Road adequate: to handle the future sewer demands as shc
the City's latest sewer master plan. Thc developer is eligible to enter into a reimbursement agreement with the City in accordance with City code for any portio] sewer facilities sized greater than what required solely to service the proposed
development. The imposition of this conc
shall not preclude the developer from usj
alternative financing mechanism as may br approved by the City Council at a later c
5) Street "CR to 60 foot collector street st
4)
the City's cul-de-sac policy.
2) A temporary access road may be allowed
within the Phase IV area.
as shown on the tentative map.
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6) Traffic signal at El Camino Real and Car
Construction shall be required when the Engineer determines traffic warrants arc
The developer shall receive a credit agz public facilities fee for the actual cos
construction of the signs.
Phase V 1) Half width Cannon Road including full wi
(Lot 19) median from El Camino Real to the southe
boundary. The median improvement may be
deferred a maximum of five years from th
approval of the final map or until such
it is required pursuant to a subsequent
development.
2) All utilites necessary to serve the proj
including the sewer facilities as requir Phase IV. j
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 Enginc
the time specific developments are appro’ within the master plan area.
2) Traffic signal at the intersections of “1
and Cannon Road and the Macario Park Roac
entrance and Cannon Road. Construction :
required when the City Engineer determint traffic signal warrants are met. The del
facilities fee for the Macario Park/Cannc
traffic signal.
3) All onsite and offsite utilities necessar
serve the project including the sewer fac
as required in Phase IV.
4) Full width “A” Street and “B” Street and
minimum 28 foot section of Macario Park F 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 Ci Engineer to bring the roads into conforma
with City standards. The actual schedule construction shall be determined by the C Engineer at the time specific development
32) All proposed slopes adjacent to the intersections shall
trimmed back to provide minimum sight distance as requi City standards. No retaining walls, barrier walls or mi
signs shall be placed at street and driveway intersectic such that they block the minimum sight distance as requ City standards.
shall receive a credit against payment 01
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are approved .
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33) The water reservoir site as shown on the tentative map specifically not approved. Upon development of a proje which requires the construction of the reservoir, the d
shall submit a site plan detailing the precise location
tank to the satisfaction of the City Engineer, the Cost
Municipal Water District and the Land Use Planning Mana The design shall include provisions for public access tl
property immediately to the south of Lot 15, if require City Council.
34) ~ll notes shown on the tentative map indicating that ad
road improvements shall be by others are specifically nl
approved. All adjacent and included road improvements on the tentative map shall be the responsibility of the
developer unless determined otherwise by the City Counc
35) The road sections for Kelly Drive, Streets "A" and "B",
Drive, and Cannon Road, shown on the tentative map, may
modified as shown within the approved master plan. The developer shall submit a modified tentative map showing
modified sections prior to the approval of a final map
phase within this tentative map.
alteration of land forms within the 100 year flood plaii developer shall submit to the City and receive approval
special use permit as required by City code.
36) Prior to the approval of any phase which requires the
37) Multiple final maps may be filed for this subdivision. final map shall include the entire area of one or more 1
shown on the tentative map. Phases I, 11, and I11 may k finaled in any sequence if all improvements listed for c
phase are provided. Phases IV, V and VI shall be finale developed in numerical sequence as shown on the tentatit unless all conditions required of the preceding phases z
met .
In order to ensure unified development control and the
provision of public facilities, prior to the approval of final map for Phase IV, V or VI, the developer shall pre
an agreement or other declaration of restriction satisfa to the City Council to provide continuity of development
accordance with the requirements of the master plan shou subdivider decide to sell any parcels within the above
mentioned phase areas. All new owners shall become a pa the agreement as a condition of future development of th
property. This requirement may be waived if the City Cc finds that the agreement is not needed to meet the maste 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
The C6nditions 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 o and offsite conditions on each individual tentative map
development plan as may relate to the approval of a spe
project .
40)
41) 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 dedication
adjacent public street.
42) As a condition of approval for a specific development p
Lot 19, the City will relinquish access rights for appr entrance locations.
43) Macario Park Road shall be improved to secondary arteri, standards as required per the improvement requirement o!
conditions. All necessary documentation defining the 0:
Macario Park Road easement shall be submitted to the
Engineering Department prior to approval of the Phase V:
map.
44) Prior to the approval of the final map for Phase IV, thc
developer shall prepare landscape and irrigation plans
area outside the drainage course on lot 21 to the satisl of the Land Use Planning Manager and Parks and Recreatic
Department. This landscaped area shall be noted on the
map as open space and included in the maintenance provis
the master plan area.
45) A note shall be placed on the final maps for each of the
phases within this tentative map stating "no building PE
will be issued for any lots within this subdivision untj further subdivided or until a specific development plan
approved by the city". Lots 20 and 21 shall be noted as
permanent non-buildable lots. Lot 17 is excepted from t provision.
46) The developer shall place the following notes only on th
map which includes Phase VI: Geotechnical Caution:
1) "The possible existence of ancient landslides within
boundaries of this subdivision has been noted in the Environmental Impact Report for this subdivision."
2) "Mitigation measures to alleviate the hazards associ
with the possible landslides have been required as a condition of approval for the tentative map for this subdivision."
PC RES0 NO. 2333 -10-
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3) "The owner of this property on behalf of itself an
its successors in interest has agreed to hold harm
indemnify the City of Carlsbad from any action tha
arise through any geological failure and subsequen that may occur on, or adjacent to, this subdivisiol
it's construction, operation or maintenance."
The developer shall execute a hold harmless agreem regarding any damage and/or claims that may arise
any geological failure and subsequent damage that occur on, or adjacent to, this subdivision due to
construction operation or maintenance.
47) Prior to approval of any improvement or grading plans \
traverse or occur adjacent to suspected landslide or sc
movement areas the developer shall submit a detailed g(
report prepared by a competent geologist or soils engii containing specific recommendations to mitigate potent. problems associated with the landslide or soil movemeni
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 b and sealed on their first page. Additionally the first of each set of plans shall have the following certifica
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for thi
project, that I have exercised responsible charge over
design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is
consistent with current standards.
I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a only and does not relieve me, as Engineer of Work, of m
responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY Date: (Name of Engineer)
R.C.E. NO. #
PC RES0 NO. 2333 -1 1-
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49) Phasing on the tentative map shall be as shown on Exhi, 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
Planning Commission of the City of Carlsbad, California, he
the 8th day of August, 1984, by the following vote, to wit:
Commissioners Marcus, Farrow, Schlehuber, R(
and McFadden.
AYES:
NOES: None.
ABSENT: Commissioner Smith.
ABSTAIN: Chairman Rombotis
IS RAWLINS, Vice-Chairn
CARLSBAD PLANNING COMMISSIC
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RESOLUTION NG. 3222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CARLSBAD TRACT 83-30 SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, Section 65473.5 of the Subdivision Map Act pravidel
that a tentative subdivision map may not be approved unless it i!
consistept will all applicable general and. specific plans; and
WHEREAS, the City Council of the City of Carlsbad on thc
18th 3ay of September, 1984, adopted Resolution No. 7751
approving with conditions, Tentative Map Ct 83-30; and
WHEREAS, Tentative Map Ct 83-30 is now inconsistent witi
the General Plan of the City of Carlsbad because the City Council
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has found that public facilities are inadequate; and
WHEEAS, said T-ntative Subdivision Map will expire on Ma]
21st, 1987, and the Applicant has requested an extension of tine
which cannot be approved unless the subdivision can be brought
into canformity with the General Plan; and
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WHEREAS, the approval of an extension of Tentative Map C?
83-30 subject to such conditions, in lieu of denial of the map, I 1 will allow the project to go forward avoiding the unnecessa;:
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WHEREAS, both the Developer and the City wish to extc
the map subject to the additional conditions:
NOW, THEREFORE, BE IT RESOLVED by the City Council of I
City of Carlsbad, California, as follows:
A. That the above recitations are true and correct.
B. That Tentative Map CT 83-30 is hereby extended
one year from May 21st, 1987, to May 21st,1988 subject to
execution and fulfillment of all conditions of Resolution
7750 and the following additional conditions:
Condition No.4 of Resolution No. 7750 should be revised
read as follows:
This project is. also approved under the express condit that the applicant pay the Public Facilities Fee adop by the City Council on August 28, 1987 and any developm
fees established by the City Council pursuant to Chap
21.90 of the Carlsbad Municipal Code or other ordina adopted to implement a Growth Management System Facilities and Improvement Plan to fulfill subdivider's agreement to pay the Public Facilities dated August 18 , 1987, and the agreement to pay the Gro Management Fee dated August 14 1987, copies of which are file with the City Clerk and are incorporated by t reference. If the Fees are not paid, this applicat will not be consistent with the General Plan, and apprc for this project shall be void.
Condition No.11 of Resolution NO. 7750 should be revise I
to read as follows:
The grading shown on the tentative map is conceptual or
No grading permits will be issued for work within lots through 19 (inclusive) unless a phased grading plan fa this work has been submitted to the City Of Carlsbad a
addition no development approvals for Lots 6A through (inclusive) shall be given by the City of Carlsbad unt such time as said phased grading plan is approved by t
City Engineer and Planning Director. A note to t effect shall be placed on the final map.
approved by the City Engineer and Planning Director.
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(lli3' .. 1. Prior to the issuance of a grading or buil permit, whichever come first, a soils report shal prepared and submitted to the City of Carlsbad. If the soils report indicates the presence potential fossil bearing material, then a two pt
program shall be undertaken to avoid poss significant impacts on paleontological resources.
A. Phase 1 shall consist of a quali paleontologist doing a literature and rec search, surface study, subsurface testinc necessary, the recordation of any sites, a recommendation regarding the need for fui work.
B. If it is determined during Phase 1 that fui work is necessary, it shall consist of following:
1. A qualified paleontological monitor s be present at a pregrading conference the developer, grading contractor, and
environmental review coordinator. purpose of this meeting will be to cor and coordinate the role of paleontologist in the grading of the s A qualified paleontologist is an indivj with adequate knowledge and experience fossilized remains likely to be preser identify them in the field and adequately experienced to remove resources for further study.
2. A paleontologist or designate shall present during each phase of gradin1
- determined at the pregrading conferc The monitor shall have the authorit temporarily direct, divert, or halt gr? to allow recovery of fossil remains. the discretion of the monitor, recover1 include washing and picking of soil sa1
for micro-vertebrate bone and teeth. developer shall authorize the deposi any resources found on the project sit an institution staffed by quali paleontologists as may be determined b] Planning Director. The contractor shal aware of the random nature of fc occurrences and possibility of a discc of remains of such scientific ar educational importance which might wai a long-term salvage operation preservation. Any conflicts regardin? role of the paleontologist and/or recc times shall be resolved by the Plar Director.
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2. The applicant shall comply with all provisions of Carlsbad Municipal Code, Section 21.90, Gr
Management. No development permits or buil permits may be approved until the following occur
A. A Local Facilities Management Program approved by the Carlsbad City Council for Zone 8.
B. All existing public facilities' deficien identified by this plan within Zone 8 impacted by Zone 8 are mitigated.
3. The tentative map as extended shall comply with
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recommendations of the Citizens' General Plan Use Element Review committee as adopted by the Council including:
Chapter 21.95 (Hillside Development Regulations: the Carlsbad Municipal Code.
4. If a condition for construction of any pu improvements or facilities, or the payment of fees in lieu thereof, imposed by this approval imposed by law on this project are challenged, approval shall be suspended as provided in Govern Code Section 65913.5. If any such condition determined to be invalid, this approval shall invalid unless the city Council determines that project, without the condition, complies with requirements of law.
C. That the Agreement for Waiver of Prohibition aga
the imposition of conditions upon the approval of an extensio
a tentative subdivision map between Kel-Cal
and the City of Carlsbad, dated September 8 , 1987 , on fill
the Office of the City Clerk, is approved, and the Mayor
authorized to execute such agreement on behalf of the city.
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D. That this extension is approved in reliance upon !
agreement. Any legal challenge to failure to perform I
agreement or the conditions of the resolution shall render 1
approval void and the map shall not be final.
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PASSED, APPROVED AND ADOPTED at a regular meeting o
Carlsbad City Council held on the 1st day of September , 19
the following vote, to wit:
AYES:
NOES: None
ABSENT: Council Member Lewis
Council Members Kulchin, Pettine, Mamaux and Larson
CLAUDE A. &EVILS - May( ATTEST : ANN J. KULCHIN, Mayor Pr
-c2 64 kLiA& ALETHA L. RAUTHENKRANZ, City /Clerk
(SEAL) I
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RESOLUTION NO. 92-331
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP NO.
CT 83-30/KELLY RANCH SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, the Planning Commission of the City of Carlsbad, on the 8th day of
1984, adopted Resolution No. 2333 approving with conditions, Tentative Map CT 834
WHEREAS, the City Council of the City of Carlsbad, on the 18th day of SeF
1 984, adopted Resolution No. 7750 approving, with additional conditions Tentative h
83-30; and
WHEREAS, the Tentative Subdivision Map would have expired as a result of tc
of May 21, 1987 and the applicant, Kelly Ranch, did receive a one year extension of
complete their final map in accordance with City Council Resolution No. 9222; and
WHEREAS, the applicant is diligently pursing those acts required to obtain a fir
and
WHEREAS, the project can be found to be in conformance with the Gener
current City ordinances and current City polices with the imposition of additional cor
and
WHEREAS, the applicant has consented to the imposition of such conditic
compliance with them; and
WHEREAS, both the Developer and the City wish to extend the map subjec
additional conditions.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of C
California, as follows:
1.
2.
That the above recitations are true and correct.
That the design and improvements of the subdivision are consistent
general plan, Titles 20 and 21 of this code, and any public facility or devc
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management policies in existence at this time.
3, That the subdivider is diligently pursing those acts required to obtain a fin
for the subdivision.
4. That the Tentative Map CT 83-30 is hereby extended for one year from JI
1992 to June 13, 1993, subject to the execution and fulfillment of all the condit
Resolution Nos. 7750 and 9222 and the following additional conditions:
A. The applicant shall defend, indemnify and hold harmless the City
agents, officers, and employees from any claim, action or proceeding
the City or its agents, officers, or employees to attack, set aside, void or
approval of the City, the Planning Commission or City Engineer which hi
brought against the City within the time period provided by section 664:
the Subdivision Map Act.
Prior to approval of the final map for any phase of this project, the a1
shall enter into an agreement with the City to provide this project's prop
share of the City's total obligation for low income housing units or to iml
whatever housing programs are adopted by the City Council to implerr
Housing Element.
The applicant shall comply with the requirements of the National F
Discharge Elimination Systems (NPDES) permit. The applicant shall
best management practices to reduce surface pollutants to an acceptal
prior to discharge to sensitive areas. Plans for such improvements :
approved by the City Engineer prior to approval of the final map, issu
grading or building permit, whichever occurs first.
The applicant shall agree to utilize reclaimed water, in Type I form,
subject property in all common areas as approved by the City E
B.
C.
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Reclaimed water, as defined in Section 1305(n) of the California Watc
means water which, as a result of treatment of wastewater, is suitak
direct beneficial use or controlled use that would not otherwise occur
Irrigation systems to accommodate the future reclaimed water shall be d
consistent with Title 17 of the California Code of Regulations. Offsii
reclaimed water distribution systems should be anticipated by the in5
of adequately sized sleeves at crossing points to minimize street exci
An irrevocable offer of dedication for trails consistent with Open Sp
Conservation Element of the General plan shall be provided (modific
existing Condition 25).
That the Agreement for Waiver of Prohibition Against the lmpo
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5.
Conditions upon the approval of an extension of a tentative subdivision map betwc
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Ranch and the City of Carlsbad, dated August 3, 1992 on file in the office of the City C
approved, and the Mayor is authorized to execute such agreement on behalf of the C
That this extension is approved in reliance upon said agreement. An!
challenge to or failure to perform said agreement or the conditions of this resolutioi
render this approval void and the map shall not be final.
6.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City c
held on the 10th day of NOVEMBER , 1992 by the following vote, to wit:
AYES: Council Members Lewis, Larson, Stanton, Nygaard
NOES: None
ABSENT: None
ABSTAINED: Counci
ATTEST:
\ '2 lu A?. L:Lzdy
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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