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HomeMy WebLinkAbout1975-09-03; City Council; Resolution 37061 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 RESOLUTION NO. 3706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING FOR 215 LOTS ON 47 ACRES LOCATED ON THE EAST SIDE OF EL CAVINO REAL BETNEEN ELM SAN DIEGO, INC. WITH CONDITIONS TENTATIVE MAP (CT 74-25) AVENUE AND MARRON ROAD. APPLICANT: LARWIN- WHEREAS, on July 9, 1975, the Carlshad City Planning Commission adopted Resolution No. 7161 recommending to the City Council that Tentative Map (CT 74-25) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on July 15, 1975, considered the recommendation of the Planning Commission; 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 74-25) to be in prior compliance with the City of Carlsbad Environmental Protection Ordinance of 1972; NO!d, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. 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. C. That the findings of the Planning Commission, in Resolution No. 1161, constitute the findings of the City Council in this matter. 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 D. That Tentative Map (CT 74-25) is hereb,y approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. The Final Map shall be submitted for approval within eighteen months from the final action by the City Council on the tentative subdivision map. The Final Map shall be in substantial conformance with the tentative subdivision map, marked Exhibit A, dated February 3, 1975, on file with the City Clerk and incorporated by refereence herein. 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 ordinances, and State and Federal statutes. 3. All public improvements shall be made in conformity with the Cit,y of Carlsbad Standard and the Subdivision Ordinance to the satisfaction of the City Engineer, without cost to the City of Carlsbad and free of all liens and encumbrances. 4. All land and/or easements required for this subdivision shall be granted to the City of Carlsbad without cost to the City and free of all liens and encumbrances. 5 r C e . The improvement and grading plans shall include a eport of a geological investigation and a complete rading plan of the entire site, if required by the City nqineer. The report and plan shall be prepared by a ivil engineer licensed by the State of California, and xperienced in erosion control, who shall be acceptable to the City Enaineer. He shall certify that he has investigated the site and nrepared data with full con- sideration of the consequences to the included and neighboring DroDerties and in conformance with the Geologic and Seismic Safety Element of the General plan. 6. Dedications of public streets shall include a waiver of direct access riahts from lots shown on the final map as abutting thereon, except at locations aoproved by the Cit,v Engineer. 7. In order to provide for reasonable fire protection during the construction period, the subdivider shall main- tain passable vehicular access to all buildings and ade- quate fire hydrants with required fire flows and dry-stand pipes shall be installed prior to framina construction. 8. Park-In-Lieu fees shall be required for CT 74-25. Fees ($9,135) shall be paid prior to approval of the Final Flap for CT 74-25. 2. .. . 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 9. The Park Land/Open Space as indicated on the Master Development Plan (MP-5), marked Exhibit Cy dated June 19, 1975, on file with the City Clerk and incorporated by reference herein, and shown as Lot 496 on Exhibit A, shall be dedicated to the City concurrent with recordation of the Final MaD for CT 74-25. I I 10. The C.C.& R's for this development shall be submitted to the Plannins Director for review and approval prior to the approval of Final Map. 11. The Avedian Parcel (5 acres), shown as Parcel A on Exhibit A, shall be included within the boundaries of the Final Vap for CT 74-25, and dedicated for roadway, open space and recreation purposes upon the recordation of the Final Map. Prior to Final Map approval, the developer shall process an amendment to theTiburon (formerly Tanalewood) Master Plan (MP-5) to include the Avedian Parcel which shall be designated as Park/Open Space. The density of such parcel, seven dwelling units/acre, may be trans- ferred to the area designated Area B Garden Apartments on the Master Plan, marked Exhibit Cy dated June 19, 1975, on file with the City Clerk and incorporated by reference herein. 12. The applicant or his successor in interest shall irri- gate and landscape all graded slopes to the satisfaction of the City Engineer. 13. Private manufactured and planted slopes and natural Open Spaces shall be maintained by the applicant until such time as maintenance is performed by an established home- owner's association. 14. Street trees and a 10-ft. street tree maintenance ease- ment shall be required for Elm Avenue and Marron Road. 15. If a retaining wall is required by the City Engineer in connection with the improvement of Elm Avenue, the wall shall be landscaped to the satisfaction of the Parks and Recreation Director. 16. The Elm Avenue Right-of-way as shown on Exhibit x, dated June 19, 1975 , shall be dedicated to the City of Carlsbad upon the recordation of the Final Map for CT 74-25 Elm Avenue shall be improved so as to provide for improve- ments within a a2 foot right-of-way between the intersectiol of hvenida de Anita and Elm Avenue easterly along the center line of Elm Avenue to Stal0+69as shown on Exhibit E dated June 19, 1975 , 1975 and fCStal8+55 to the easterly boundary of the Specific Plan as amended (SP-lO4A) and shown on Exhibit B dated July 9, 1975. Elm Avenue shall be improved so as to provide for improvements within a full 84 foot riaht-of-way between Stal3+60and Stal8+55 as shown on Exhibit E dated June 19, 197571975. 3. 22 23 24 25 26 27 17. A realigned perpendicular intersection shall be con- structed at Appian Way and Elm Avenue. Appian Way shall be dedicated and improved based on a 60 feet full width within the tentative map boundary and improved based on a 28 foot minimum street section south of the tentative map boundary to a point where it conforms with the exist- ing alignment and grade of Appian Way. The proposed realignment and improvment shall be subject to the approval of the City Engineer. 1 18. The developer or his successor in interest shall enter into a secured aqreement quaranteeinq payment of 1/4 of the cost of future traffic signals which will be required at the intersection of Elm Avenue and El Camino Real, and 100% of the cost of the future traffic signals at Narron Road and Avenida de Anita. The developer shall be reim- bursed to the extent authorized by law, by the developers to the north of Marron Road for their proportional share of the Marron Road siqnal. Said aqreement shall be execute prior to approval of the Final Map for CT 74-25. 28 19. This approval shall be effective upon the effective date of Ordinance No. 9433 adopting SPecific Plan (SP-104A) 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 3rdday of September , 1975, by the followinq vote, to wit: AYES: Councilmen Chase, Lewis and Frazee. NOES: Councilwoman Casler and Councilman Skotnicki. ATTEST: (SEAL) 4.