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HomeMy WebLinkAbout1980-11-04; City Council; Resolution 6349RESOLUTION NO. 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 1 2 3 4 5 6 7 a 9 10 11 12 2 Y 2? 13 E$ cn OLuQ 14 no3= z 6c GCZE 15 mG J ?a 5kgd 16 ggc2 17 z$? y a >$ t u 18 19 20 21 22 23 24 25 26 27 28 0 -a wo >k- a 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 containel 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 I -- RONALD C. PACKARD, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk] -2- ’ EXH6BIT A‘@ CITY COUNCIL . RESOLUTION NO. 6349 PLANNING COFiItISSi3N KESOL’S‘TION NO. 1700 1 ---- -I_.-.---- A liESOLU‘1’ION OF TiIE PlAT3JlNG COMil.fISSI!)N OF THE CITY OF Cf’iRLSPLAJI, APPROVAL FOR A 12 LO?’ TENTATIVE TRACT bIAP ON CAIAI FORNIA RECOMMENDlNG PROPERTY GENEIUG,Y LOCA’~~”:D ON THE sou‘rE1 SIDE OF C!iMINO VIDA l?OBE,E. . APPLICANT: HENRY WORLEY CASE NO: CT 80-34 - * WI!Z:XEAS, a verified application. for certain property to, -. ’ Parcels B and C of Parcel Map No. 9959, filed in the ‘County Recorder of San Diego County, April 24, ‘1980 La-5 been filed with the City of Carlsbad, Bnd referred to the ’lanning Coinmission; and L WHEREAS, said i.erified application constitutes a request 2s rovihed, by Title 21 of the Carlsbad Municipal Code; and iE\TIEREAS, the Planning Commissioa did, on the 24th day cf epteember, 1980, hold a duly n.oticed public hearing as’ prescribed . y law to consider said request; and .. WHEREAS, at said public hearing, upon hearing arid considering , 11 testimony and arguments, if anyI of all persons desiring to 3 heard, said Commission considered a11 factors relating to the mta tivc Tract &lap .* WOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 .. ** m”ssion as fol%ows :. I That the above rccitations are tree arid correct. That based on the evidence presented’ at the public hcaring, the Conimission rccorrmcnds ‘AI’PROVAL of CT 80-34 the following findings and- subject to the following conditions Sased on hd ings : h 3‘ .. '. 2) 3) 0 . .Tlie'Planni.ng Commission has, by inclusion of an . appropriate condition to this proj ect, insured that the final ?lap will.not be approved un1es.s the City Council finis thzt sewer service . is available to serve the project. In addition, the Planning Commissi.on has added a. condition that a note shc211 be place6 on the fTnal map I that.buil.ding pernits nay not be issued f-or the project: unless the City Engineer determines that sewer ~ervice. is available. Since the final map cannot be approved unless .sewer servi-ce is .a'vailable arid buil.cfi~~g cznnct occur within the project unicss sewer service :bemains . available, the Planning'Commission is satisfied that general plan have been m.et insofar as they apply to sewer 'service for this pro j ect . ' the requirements of 'the public facilities eLeme&nt of the All necessary public irnprovcments have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of ari appropriate conciition to pay a public fzcilitics fee. Performance Lf that contract arxd pa';-:cnt of the See will enable this body io find that p9bli.c iaciiities will be available concurrent wit.h need as required by the gcrieral plan. 4) The proposed pro j ect is c.ompatj.bPe with surrounding and . future land uses since it is being developed as'industrial. property and the surrounding uses are or will be i.ndustria1. T~C design of t~ic'projcct wili not cause any significnnt . cnvironnicntal. impacts since basccl on an injtial study of the projcct (including a Zicld irlvcsti.p,a,tj.on of the site and aa: clia c o I o 1~ j. c a 1 s ui-vey 1, the P1 an 11 i. n that thc pro jcct \$ill not result in any ad.\:esse cnvironnicnta 1 iinpacts and tlicrcfor'c has iss\icd ii dcclaraiion of: ncgzttivc c nv i rc mi c n t 3 1. imp 3 c t on 5) 11 i r e c t o r. has d et c .rm in c ci .. //// . @ ,' .. I, .. 2) 'i'liis stil)d.ivi.t;i on is approvcii upon the exprcss condition .that t!lc final nap shall not be npp~'oved unl.oss the City Cogrrcil firids as 01 the f:i:ric of suclr approv~tI. tllat S'CbiCf sei-'vi'.cc is 2Li7ai~..ab~c to scrvc the, sut~c?j.vj.sio~~. ~n thc event that sewer is not available m'd thc pI.anning moratorium is still in effect, the provisions of Section 66452.6Cb) of the Subdivision Nap Act ';hall apply. This subdivision is zpproved upon the' express condition t'jiat building permi.ts will not be issued for developinent of the subject property unless the City Eh~in.eer determines that ., sewer facilities ar,e available at the time of application - for such permits and will. continue to be availab1.e until time of occupancy. .I€ the City Engineer determine.s that ~ewcr facilities are not avail-able building permiis will not be issued. This note shall be placed on the final. map. 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. Ci.ty Clerk and incorporated herein by ref'erence; and according to the apreenent executzd by the; applicant for:payment of said Ece a copy of thaT agreement dated Augtrst 4, 1980, is on file with the City Clerk and is incorpoyated herein by .' refererick. If said fee is not paid as promised, this, application will not he cozisis'teiit with the General Plan and aFproval Cor this proje.ct shall he void.,, 5) The applicant sha1.f install street trees io city spec- ' ifications at 40 foot intervals alonz all public street .'frontages prior to final occupancy of any building. approval of the Parks and- Recreation Department 3j .4] This project is approved upon the. express cordition .. .. .. The variety of said. trees shall be subject to the .. .. .. -. . IC> A~~TOIVI~. o-f th i.s request slin1.1 not excusc compliancc with .. all sccti.ons of thc zon:j.~?g orcli.riaiicc a~cl 311 other app!l.i:c:abie city ordinances in effect at tirw of builr!ing permit issuance Prior to iss~ance of'any grading permits for the subjcct property a qualified archaeologist shall make a field examination of the site. If th,is survey reveals th2t any significant archaeological resources exists on the snbj ect property an evacuation and evaluation of the s.ite wi1I be . required prior to issuance cf any Si-ading perinits. shall.be maintained and planted in a inariner similar to the existirig rriodified riparian area. immediately to the east Qf modification of the drainage cour.se.sha11 be replaced on a one for one basis. The modified ripari2.n habitat shall be landscaped. to the satisfaction .of the Planning Director - .. 12) 12). The riparian habitat along the southerly property bounda?:y ~ . the subject property. All trees r,emoved during. the 13) Lot 4 shall be permitted to havc only one driveway access . onto Camino Vi&. Rcble suhjcct to the appraval of the City Engineer. Also, acccss for lot P on Caniino Vida Rgble shall be :it least 300 ieet from its intcrsectjon with Palomar A3. rporl Road e 14) All access rights to Camir,o Vida Roble from lots 10, 11, .and . 12 shall be relinquished and waivcd on tlic final map, ' 15) The des sls storm d eet subj ignecl. to .r e a5.n system adj aceiit adequately carry th ct to the ayproval to .e d Of Cami.n esign t!ie Ci 0 vi& ?.oble flow an(;. ~TG ty Engineer, A. t shal. ect ?L 3e T 1-1 c .. .. 16) The dcveloper 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. grading' and erosion control pXan city standards and an approved soils and geologic invcstigation rcport . which shall i.ncludc slope sta1)ili:ty. calculations snd * construct5.on specifications. A3.l cxposccl slopcs ,shall bc hyclroniiil chcd or otherwise stabilizccl i.nir~cclia-t;cI.y upon ' completion of ,grac!:ing suljj ect to the approval. of 17) Grading sIial4 occur in accordance with an appr'ovccl the City 1:ingi.nccr.. .. .. '-.4 - . ' -. 3. 2 \. .. 3 4 'r; v 4 E 7 E f I. . %( IS $2 . 3.t I( 1' ', 2 2 .. .2 '2 .. 2 2 2 0 to. fin21 map approval e 'The applicant shall comply with all applicable conditi.ons .. of C'1' 73-49 and all .conditions o€ )IS-43.2. The applicant shall ded.icate la,nd for Corte del Nogal. On the final map and shall improve the sti-eet as shown on. the tentative map asid to city standards prior to the OCCLI~3nCy. The applicant shall comply with all. regiil5ti.o~~~ and re'quests of the Costa Real Municipal Water District wit.flin.which t1li.s prop'erty -is located. The applicant shall install a pedestrian an6 ' equestrian Tral.1 along the southeasterly porTion o'f the 'subject property ad5 aceiit to .Czrnina Vlda Roble prior to final occupancy of If the city adopts a policy and s'tand.ards relati.ng to waste water reclamation prior 'to the issuance of a huil.c?ing pe~~xf~t for the first unit, thc applicant shall install imFr'ovements to accommodate water reclamation on the property pursuant to said policy and standards. ' ; e" L of ally units. .. .. any units. 5 The arpiicant shall agrce to participate in thc funding o€. ' a study to bc per€orrrnecl by Caltrans to detcriiii;ie thc .feasibility of widcning the Paloinsr Airport Road bricige over Interszatc 5. The amount of said funding sh3ll be determined by the City Engineer Fnd shall be paid prior to the approval of the final. map. PASSED, APPROVED AND AD3PTED at a regular meetink of the Planning Commission of thc City of Carlsbctd, California, field on the 24th day of Scpternber, 1980, by the fofSowing *Jete, to wit: I* AYES : NOES: AGSENT: A13 STA 1 N : - $ AT'EST :