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HomeMy WebLinkAbout1983-07-19; City Council; Resolution 72921 2 3 4 5 6 7 a 9 10 11 12 n 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7292 A RESOLUTION OF THE CITY COUNCIL OF THE CIT OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A 138 UNIT TENTATIVE MAP (CT 83-9) ON PROPERTY GENERALLY LOCATED ONE MILE EAST OF EL CAMINO REAL AT THE EASTERN TERMINUS OF SUNNY CREEK ROAD IN THE R-E ZONE. APPLICANT: MANDANA CORPORATION CASE NO.: CT 83-9 WHEREAS on May 25, 1983, the Carlsbad Planning Commission adopted Resolution No, 2124 approving CT 83-9; and WHEREAS, the City Council of the City of Carlsbad, on July 5, 1983 held a public hearing to consider the recommendations and heard all persons interested in or opposed Tentative Map CT 83-9; and to WHEREAS, said Tentative Map has been declared to have a nonsignificant impacts on the environment and a Negative Declaration was prepared and filed on May 6, 1983 in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 and the California Environmental Quality Act 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. 2124 constitute the findings of the City Council in this matter. C. That Tentative Map CT 83-9, 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. 1 2 3 4 5 6 7 e 9 1c 11 19 20 21 22 23 24 25 26 27 28 D. That Tentative Map (CT 83-9) 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. 2124, dated May 25, 1983 marked Exhibit A, attached hereto and made a part hereof, with the exception of the addition of section (h) to Condition No. 30 and the revision of Condition No. 31 to read as follows: "(h) The developer's obligation to dedicate the rights of way and construct street improvements for College-Cannon offsite "B" and offsite "D" as required by subsections (a), (e) and (f) shall be satisfied prior to approval of the final map. more particularly shown on the map titled Master Offsite Circulation Map, Mandana Corporation marked Exhibit B on file with the City Engineer and incorporated by reference herein." Said obligation is ''31) The construction of the secondary access known as offsite "D" street, Cannon Road and College Boulevard frm Cannon Road to offsite "B" street shall be completed prior to the sale of the 121st lot within the project or the issuance of a building permit for the 121st unit, whichever occurs first. A note to that effect shall be placed on the final map." PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 19th day of July , 1983, by the following vote, to wit: AYES: Council Wxhers Casler, Lewis, Chick and Presmtt NOES: None ABSENT: None - SLER, Mayor ATTEST : ? 4 2 3 4 5 6 7 8 9 10 11 14 1€ 2c 21 22 22 24 25 2s 2E PLANNIEG COMMMISSION RESOLUTION NO 2124 A RESOLUTION OF THE PLANNING COMC,!ISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 138 UNIT TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED ONE MILE EAST OF EL CAMINO REAL AT THE EASTERN TERMINUS OF SUNNY CREEK ROAD IN THE R-E ZONE. APPLICANT: MANDANA CORPORATION CASE NO: CT 83-9 WHEREAS, a verified application for certain property to At: A portion of Lot "E" of Rancho Agua Hedionda, County of San Diego, per Map No. 823, filed November 16, 1896. has been filed with the city of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, The Planning Commission did, on the 25th day of May, 1983, hold a duly noticed public hearing ils prescribed by law to consider said request: and WHEREAS, at said public hearing, upon hearing and 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 Corrmission as follows: A) That the above recitations are true and correct. i3) That based on the evidence presented at the public hearing, the Corrmission recommends APPROVAL of CT 83-9, based on the followirlg findings and subject to the following conditions: //// //// //// //// 1 2 3 4 5 6 7 a 9 10 12 12 13 14 15 16 17 18 39 20 21 22 23 24 25 26 21 28 Findings The project is consistent with the City's general plan since the proposed density of -7 du's/acre is within the density range of 0-1.5 du's/acre specified for the site as indicated o the land use element of the general plan. The site is physically suitable for the type and density of th development since the site is adequate in size and shape to accommodate residential development at the density proposed. The project is consistent with all City public facility pol- icies and ordinances since: The Planning Commission has, by inclusion of an appropriat 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 Pfanning 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 detemines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfie that the requirements of the public facilities element of the General plan have been net insoEar as they apply to sewer service for this project. The Carlsbad ScIiool District has written a letter, dated July 19, 1982, stating that school facilities will be available to this project. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. 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 enz:Sle this body to find that public facilities will be available concurrent with need as required by the general pian. Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the general plan. This project will not cause any significant environmental impacts and a Negative Declaration has been issue2 by the Land Use Planning Manager on May 6, 1983 and approved by the Planninq Commission on May 25, 3.983 RES0 NO. 2124 -2- s I The project meets the intent and all standards of the R-E zone for the reasons stated in the staff report. 6 7 lknd i t ions 2) This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the tine of such approval that sewer service is available to serve the subdivision. 1) Approval is granted for CT 83-9, as shown on Exhibit "A", dated Nay 11, 1983, incorporated by reference and on file in the Land Use Planning Office, shown unless otherwise noted in these conditions. Development shall occur substantially as >and Use Planning Office 23 8 9 10 -I 11 adjacent to the project. 3) This project 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 sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map, 1 12 13 14 15 16 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 April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated July i5, 1982, is on file with the City Clerk and 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. The applican-t shall pay park-in-lieu fees to the City, prior to the approval. of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. .. 1 2 3 4 5 6 7 8 9 1c I1 1% 12 14 15 I€ 17 1E 15 2c 21 22 2; 24 2: 26 27 2E All regulations of the R-E zone shall be met by all future development within this subdivision. The applicant shall establish a set of covenants, conditions and restrictions which shall include the following items: a) b) c) All development shall meet the regulations of the R-E zone; The establishment and maintenance of the open space easements as shown on Exhibit "A", dated May 11, 1983; A note indicating the subdivision may be impacted by noise from airplanes landing at Palomar Airport. Said C.C.&R's shall be submitted to and approved by the Land Use Planning Manager prior to approval of the final map. Ensineerina The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. The grading for this project is defined as "controlled grading by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. All slopes within this project shall be no steeper than 2:l. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Dspartnent of Sanitation and Flood Control or the City Engi- neer. The developer shall construct desiltation/detention basins of type and size and at locations as approved by the City Engineer. The developer shall enter into a desiltation basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of the final nap for this project. Each desiltation basin shall be serviced by an all weather access/maintenance road. The provisions of this agreement shall apply to any off-site borro sites which may be utilized in the construction of this projec as required by the City Engineer. The owner of the subject property shall execute a hold harmles agreement regarding drainage across the adjacent property prio to approval of the final map. PC RES0 NO. 2124 4. 7 1 2 3 4 5 6 7 a 9 1c 11 12 12 14 1E I€ 17 1E 1s 2c 21 22 22 24 25 26 23 22 G The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hour duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Land for all public streets and easements shown on the ten- tative map shall be dedicated on the final map and shall be granted to city free and clear of all liens and encum- brances. All public streets shall be improved by the developer based on the typical sections shown on the tentative map and in conformance with City of Carlsbad Standards prior to occupancy of any buildings. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies and S.D.G. E. regarding services to and easements on the property. The applicant shall agree to utilize reclaimed water, in Type form, on the subject property in all common areas as approved by the City Engineer. The reclaimed water irrigation system shall be maintained and operated consistent with the reyuirexents of the City of Carlsbad, under a contractual agreement with the homeowner's association that is to give the district total assurance that they woirld always have the ability to discharge the affluent. Irrigation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California State Administrative Code. Of fsite future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimize stree-; excavation. Approval of this tentative tract map shall expire twenty- four months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicar,t. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, th City Council may impose new conditions and may revise existing conditions. Prior to the approval of the final map the applicants engineer shall demonstrate a means of proper driveway access to all lot with topography problems. (i. e. grade, drainage, water and ga lines, etc.. .) . Ind-ividual lot Lines may be adjusted subject to the approval of the City Engineer. PC RES0 NO. 2124 5. R ! 1 2 3 4 E s 1C 11 1: 1: l! It 1' li l! 21 2: 2, 2 2 2 B' The sewer system as shown on the tentative map is specifically not approved. The complete system shall be designed in conformance with a master sewer basin concept, to the satisfaction of the City Engineer, This system shall be designed and bonded for prior to final map approval. Prior to final map approval the applicant shall offer to dedicate on the final map a 60 foot wide road right-of-way from "A" street to the property south of this site. This access may be deleted should the City Engineer determine alternate access can be provided. Prior to approval of the final map for this project, the developer shall provide for the following: Installation- and dedications of easements for all water lines necessary to supply water and fire flows to this subdivision, including any upsizing necessary to serve adjacent properties. If upsizing of service lines is necessary, reimbursement agreements may be available to help defray the additional costs. Desigr. calculations of all public facilities, i,e. sewer, water, fire, drainage, etc. Installation and dedication of easements for all sewer facilities necessary to serve this project in the ultimate capacity, to a sewer treatment facility or main line as approved by the City Engineer. Full width right of way dedication and full width improvements of offsite street "B3* to the proposed College Boulevard. The offsite portion of "B" street shall be constructed as a standard collector. The developer may delete sidewalk on this portion. Full width right-of-way with a 28 foot paved section for off site ''D" street from the subdivision boundary to the proposed Cannon Road, Full width right-of-way for College Boulevard and Cannon Road with half width improvement of both roads from the intersection of "D" street to College Boulevard €or Cannor Road and from Cannon Road to El Camino Real for College Bocllevard . The applicant shall pay their fair share for installation of a traffic signal at "B" street and College Boulevard ar at "D" street and Cannon Road. The construction of the secondary access known as offsite "D" street, Cannon Road and College Boulevard from Cannon Raod offsite "B" street shall be commenced prior to issuance of building permit for the 121st unit within this project and shall be completed prior to issuance of a certificate of occupancy for the 121st unit. //// //// PC RES0 NO. 2124 6. to ci . 1 2 v U 4 E Y E 7 I < I( 1: 1: 1: 11 l! I( 1' li 1 2 2 2 2 2 2 2 2 2 The applicant shall provide for the following onsite street improvements: a) "D" Street shall be constructed as a standard collector (60' R/W width) . b) "B" Street from intersection "F" westerly shall be a standard collector (60' R/W width). Prior to final map approval all required public improvements shall be bonded for, Prior to occupancy these improvements shall be installed and accepted by the City of Carlsbad. Prior to final map approval, the applicant shall provide for adequate access to the Hagaman property subject to the approval of the City Engineer. ?ire Department //// Additional public and/or onsite fire hydrants shall be required if deemed necessary by the Fire Marshall, The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives subject to the approval of the Fire Marshall. An all weather access road shall. be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Fire retardant roofs shall be required on all structures. Brush clearance shall be maintained within a minimum distance of 30 feet to each residence. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. If, at the tine building permits are applied forl the emergency fire response time to the project exceeds five minutes, all structures shall. be sprinklered to the satisfaction of the Fire Marshall. When the emergency response time to the project becomes less than five minutes, sprinklering will no longer be required. //// PC RES0 NO. 2124 -7- I- '. 1 2 3 4 5 E 7 E 5 1( 1: 1; 1: 11 li 11 1 1 3 2 2 2 2 2 2 2 2 E c e rks and Recreation Department Conditions I) The applicant shall submit a streetscape theme plan €or the project. which are keeping in character with the rural-estate nature of the development. This plan shall be submitted to and approved by the Parks and Recreation Director prior to the issuance of a qrading permit. Said plan shall indicate treatment of street trees - 3) The applicant shall submit a detailed landscape plan for all slope areas slong the public rights-of-way. Said plan shall be submitted to and approved by the Parks and Recreation Director prior to the issuance of a grading permit, lanning he 25th ATTEST : PASSED APPROVED AND ADOPTED at a regular meeting of the Commission of the city of Carlsbad, California, held on day of May, 1983, by the following vote, to wit: AYES: Chairman Schlehuber, Commissioners Marcus, NOES : None. Rombotis, Jose, Friestedt and Rawlins. ABSENT Commissioner Farrow. LAED USE PLANNING MANAGER PC RES0 NO. 2124 8.