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HomeMy WebLinkAbout1981-01-20; City Council; Resolution 64131 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 RESOLUTION NO. 6413 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING- WITH CONDITIONS, AN AMENDMENT TO AN APPROVED 99-UNIT TENTATIVE SUBDIVISION MAP (CT 79-25(A)) FOR PHASING ZWD STREET DEDICATION AND IMPROVEMENTS, ON PROPERTY GENERALLY LOCATED SOUTH OF ALGA ROAD, EAST OF EL FUERTE STREET IN THE P-C ZONE. APPLICANT: LA COSTA LAND COMPANY (RANCHEROS.) WHEREAS, on December 10, 1980 the Carlsbad City Planning Commission adopted Resolution No. 1734 recommending to the City Council that an amendment to a previously approved 99-Unit Tentative Subdivision Map (CT 79-25(A)) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on January 6, 1981, held a public hearing to consider the recommenda- tions of the Planning Commission and to receive all recommendation and hear all persons interested in or opposed to amended Tentative Subdivision Map (CT 79-25 (A) ) ; and WHEREAS, said project has been declared to have a non- significant 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 recitations are true and correct, B. That the findings of the Planning Commission in Resolution No. 1734 constitute the findings of the City Council in this matter, 1 2 3 4 5 6 7 e 9 ZC 11 12 n 6 C. That said Amended Tentative Subdivision 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 said Amended Tentative Subdivision Map (CT 79-25(A)) 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. 1734, dated December 10, 1980, marked Exhibit A, 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 20th day of January , 1981 by the following vote, to wit: AYES : Council Members Casler, Anear, Lewis and Kulchkn NOES : None ABSENT: None ABSTAIN: Council Member : Packard ATTEST : ALETHA I;. RAbTE 2. 0 EXHIBIT A CITY COUNCIL . 6413 wit: Portions of Sections 19, 30 and 31, Towr?ship 12, South Range 3 West Sm Bcrnardino Meridian, County of San Diego has kea filed with the City of Carlsbad, and referred to the Fhaizzing Co~lmission; and WHEREAS said verified application constitutes a request as provide6 by Title 21 of the Carlsbad Xmicipal Code; anci . W3EREiiS, the Planning Comnission did, 011 the 10th da2 of F)ecenbez, 3_98Q, hold a duly noticed pub1i.c hearing as prescribed by law to consider said. request; and WHEREAS, at said public hearing, upon hearing and consideriiq all &esti.r:Iony and argarnents, if any, of a13. persons desiring t-0 bc heardp said Commission considered all factors relating to the Tmtati-ve Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as f03 lows: A) €3) That the above recitations are true ~nd correct. That based on the evidence presented at the public hearincj, the Conmission recommends A?PROVRL --~ _--_.- - of CT’ 79-25 {A) on the following fi.ndings and slcrb:ject %C the following conditions. based ///; //// 1 2 .3 4 5 1Q 3.3 12 13 14 . 2c .. 21 22 2: 24 25 26 23 2c 3 5 Findings: 1) -I- That the findings made as part of a~proval of CT 79-25 (PC Resolution No. 1602) are still valid and applicable to this application and are incorporated herein by reference. 2) That the propcsed amendment is consistent with the General Plan, Subdivision Ordinance and Zoniq Ordinance. 3) That the project will not create any significant environmental impacts, and the Planning Director has determined that the project has met all requireinents of 'the Carlsbad Environmxtal Ordinance and has issued a Notice of Prior Environrental- Compliance on November 17, 1980, based on the certification of Environmental Impact Report 307 prepared for the La Costa Master Plan. Conditions: Approval. is granted for CT 79-25(A) as shown on Exhibit ''.A'' dated November 10, 1980, on file in the Planning Department an2 incorporated by reference. occur substantially as shown on this exhibit inless otherwise noted in these conditions. All previous condi.tions of approval of CT 79-25 (City Council Resolutj-on No.6245) are no longer applicable and shall be superceded by the conditions of approval ccntained h,. arein. This subdivision Is approved upon the express conditi.>n that the final map shall not be approved unless ti:@ City Council finds as of the time of such approval that sewer service is available to serve the subdivision, Development shall This subdivision is approved upon the express coiidlition that building permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at the time of application fer such permits and will continue to be available until the of occupancy. lf the City Engineer determines that sewer facilities are not available, building permits will not be issued. this shall be placed on the final map. A note indicatj-ng Prior to the approval o€ the fina.1 mapo the San Marcos County Water District must receive all required approvals for the annexation of that portion of the subject property not currently within the San Marcos County Water District. This approval is expressly conditioned on the payment by the applicant of 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 ref, nrcnce . and according to the agreement executed by thc nppl'icant for payment of said fee. A copy od that agreement, dated L 2 3 4 5 6 4 8 3 10 13 4-3 35 16 * 29 18 , 19 20 21 22 23 24 25 26 27 28 e 0. February 26, 1.980, Ls on file with the City Clerk arid incorporated herein by rcfererxe, If said fee if; not paid as prciriised, this appliczti.on will not be consistent with the General Plan and the projeck cannot proceed and this approval shall be void. All land and/or easements required by this subdivision shall be granted to the city, without cost to the citya -free of all liens and encumbrances. The parcel map covering this site (MS-419) shall be recorded prior to the map for this subdivision. District- boundaries or lot lines shall be modified to fulfill the requirement that each lot be in 3 single tale code area, No lot in the proposed subdivision may be further subdivide2. A note indicating this shall be placed on th.e final. map, A report of a geological investigation and a conp.?,ete grading plan of the entire site except for huildirq pads or individual lots, shall he contracted by the applieank and shall be submitted to the City Engineer prior to issuance of grading permits. The report shall be prepared by a ciTk7.i1 engineer and a geologist licensed by the Stat2 of Califor;iia am3 expesienced in 'erosion cofitrol and slope stabili-ky. They shall. certify that they have investigated the site ZEC? prepared daesl with fuLl consideration of the consequsnces to the included and neighboring properties. All cut and fill slopes shall be no steeper than .2 horizontal to 1 vertical, iiriless otherwise appruved by the City.Engineer. All exposed slopes shall be hydromulched or otherwise stahlized immediately upon completion of grading activities. Clearing operations shall not be allowed in advaiice of grading, but rather only concurrent with grading actkvitids . Clearing shall be lirnited to the xinimum area necessary to construct the residences and. appurtenant facilities. If grading is performed or slopes will be exposed during the rainy season (November 1 through April lfi), erosion control measures, such as desiltation basins, sandbags, etc,, sliaYl be taken arid shall be approved by the' City Engineer. No fill slopes shall extend outside the subdivision boundary adjacent to San Marcos Canyon. Care shall be taken 3-n grading for Street "C" to ensure that no debris crosses the subdivision boundary and goes into the canyon. Streek "C" shall be relocated as necessary to ensure this conditicn'is fulfilled. PC RES0 81734 -3- 'a. 2 3 4 5 6 7 c! 9 %C 13 3.2 14 1. E JE ' if 1E 2c 23 2: , 1 1 . 0 ."" AI1 private streets and drainage skstems shall be maintained by the homeowners's association in perpetuity. condition excludes all drainage easements granted to the city of Carlsbad. This Additional drainage easements and structures shall be provided or installed 2s may be required by the County Department of Sanitation and Flood Control and/or the city of Carlsbad. The maxima grade on any private street shall not exceed 12%, except for short distances the grade may be up to 15% only if approved by the City EngiEeer, Corintia Street shall be dedicated and improved in full, based on a 60 foot wide street according to city of Carlsbad standards, except that sidewalk on one side of the street may be deleted. Street trees shall be provided to enhance the rural character of the subdivision. Said trees shall be included on the detailed landscape and irrigation 2lan and be approved by the Planning Director prior to recordation of final map. Street lights as directed by the City Engineer shall be included in the improvements, This street shall be improved in full from El Fuerte Street to just beyoad Street "A" for a temporary cul-de-sac which. shall be constructed to city standards, prior to final occupancy of any units in Phase 1 or Phase 21, whichever occurs first. Full imprcvements shall be extended east to the subdivision boundary prior to final occupancy of any units in Phase TI1 or Phase IV, whichever occurs first, 5- Alga Road shall be dedicated and improved along its frontage of the subdivision based on a 51 foot half street according to City of Carlsbad standards. sidewalks, half median, street trees at 40 foot spacing and street lights. Additionally, Alga Road shall be extended off-site to El Fuerte Street based on the same section. Cut and fill slopes adjacent to Alga Road shall be 2:l maxiinurn, unless otherwise approved by the City Engineer. These improvements shall be constructed prior to final occupancy of any units in Phase 1. Any remaining public improvements in the El Fuerte half street section along the subdivision frontage (sidewalks, street trees, street lights, graded parkway or others) shall be installed to conform to city of Carlsbad standards. These improvements shall be constructed prior to final occupancy of any units in Phase I. The desicp of all private streets and drainage shall be approved by the City Engineer. The design shall include street lights, curb and gutter storm Grain facilities or other featurcs if required by the City Engineer. The ' structural section of all private streets shall conform to the city of Carlsbad standards based on R-value tests. Improvements shall incllide PC RES0 #1734 * 'I 'X 2 3 4 5 6 4 8 9 17 3-23 19 20 21. 22 23 24 25 26 27 28 !4) 25 21 ) 28) 29 ) a % The private street (Streek '8,i1) which exists mto ALga Read shall be pernitted to hzve riyht turn in and right turn out only and no meciian break shall be permitted unless coordinated with the developer i;c the north and approved by the City Exiqineer. The horizontal radius on Street 'IC" adjacent to Lots 12, 13, and 16 (Phase 111) shall be redesignee and a knuckle shall be installed subject to the approval of the City Engineer. Access rights of lots abutting Alga Road and El. Fuerte Street,. except for 3.ots 5 and 9 in Phase 11, shall bc dedicated and waived on the fin.al map. The water line shall be connected to existing in El Fucrte Street, ru'n in-Corintia Street to Street in Street "A" and connect to existing iE Alga Road as part of the improvements in Phase I, The water line in Corinti.a Street shall be connected from Street "A" to the existing line In Rancho Santa Fe Roa6 concurrent with the constructhon of any phase after the first, The water line in Street "E" and Street "C" shall be ccnstructed at one time fro= Co-rj-ntla Street thru Styset "B" I loc-ped t-0 Stre2.t "C'* and hac%; .:- Phase 13 or Phase 111, whichever co~es first, Lo Corintia Street concurrent with the construction of The I.$+ acre proposed San Marcos Cdnyon Park site as shown on the Tentative Parcel I.lap for MS-419, shdl Se dedicated tc the city of Carlsbad prior to the approval of the fii3aL map for Phase I, according to the'Parks Agreement between the city of Carlsbad and La Costa Land Company dated ' 11 1 i January 3, 1378, City Council Resolution No. 5286, sad. Chapter 20.44 of the Carlsbad iqunicipal Code. The applicant shall. offer for dedicakion to the city Parcels C, E', G, H, J and K of the Ean Marcos Canyon, as shown on Exhibit A to the Parks Agreement between the City of CarlsSad an6 the La Costa Land Company, dated January 3, 2-978, City Council Resolution No. 5286. These parcels shall be dedicated prior to approval of the final rtlap whish they abut, In those cases where these parcels do not abut the sub- division, they shall be dedicated no later than Phase 111. In addition, a one-half acre parcel of land as shown on Exhibit X dat.ed July 3, 198@', shall be dedicated to the City of Carlsbad as part of San Marcas Creek Canyon Park prior to final map approval of Phase I. Also, those porti.ons of Lots 14 and 15 of Phase I1 south of the SDG&E easement shall be dedicslted. 50 the city as part of San Marcos Canyorz prior to €ir,al mdp approval of Phase 11. i i -5- a, 2 3 4 6 7 8 9 a. 2 13 3.4 15 17 18 .' d 2% 22 23 24 25 26 21 28 Prior to final. map approval. for Phase I, the applicant shall submit a revised Tenative Map which incl.udes the entire 5304- acre parcel designated parcel 4 of 8Ii.nor Subdivision No, 419. Said revised map shall designate a11 parcels created by this subdivision, including renainder parcels I the Canyon lots and the school and recreational vehicle storage sites. Lot 25 of Phase I31 shall be na6e part of this subdivision and be designated as a single family residential lot on the final map. PASSED, PsPPROWED AND ADOPTED at a regular meeting of the Planrihg Commission of the City of Carlsbad, California, held on the 10th day cjf December, 1988, by the following vote, tc wit: AYES: MARCUS, ROMBOTIS, LARSON, LEEDS, FRIESTEDT, E, 'HEUREUX AND JOSE NOES: NONE ATTEST: PC RES0 #1734