HomeMy WebLinkAbout1984-06-19; City Council; Resolution 76398
1
2
3
4
5
6
7
8
9
10
11
19
2c
21
22
22
24
2E
26
27
2&
RESOLUTION NO. 7639
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING WITH CONDITIONS
A 138 UNIT TENTATIVE MAP CT 83-9(A) ON 194.3 ACRES
OF 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(A)
WHEREAS on May 9, 1984, the Carlsbad Planning Commissiox
adopted Resolution No. 2291 approving CT 83-9(A); and
WHEREAS, the City Council of the City of Carlsbad, on
June 5, 1984 held a public hearing to consider the
recommendations and heard all persons interested in or opposed tc
Tentative Map CT 83-9(A); and
WHEREAS, said Tentative Map has undergone previous
environmental review and a Notice of Prior Environmental
Compliance has been issued on March 7, 1984,
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. 2291 constitute the findings of the City Council
in this matter.
C. That Tentative Map CT 83-9(A), 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.
///
///
//I
a
1
2
3
4
5
6
7
e
9
1c
11
12
12
14
1E
1E
17
1E
15
2c
21
22
2:
24
2:
2E
27
2E
D. That Tentative Map CT 83-9(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. 2291, dated May 9, 1984
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, held on
the 19th day of June , 1984, by the following
vote, to wit:
AYES: Council MeIrbers Casler, kwis, Kulchin, Chick and Prescott
NOES: None
ABSENT: mne
ATTEST :
MARY H. VCASLER, Mayor
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
PLANNING COMMISSION RESOLUTION NO, 2291
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR AN AMENDMENT TO A PREVIOUSLY APPROVED TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED AT THE EASTERN TERMINUS OF SUNNY CREEK ROAD IN THE
R-E ZONE, APPLICANT: MANDANA CORPORATION
CASE NO: CT 83-9(A)
WHEREAS, a verified application for certain property
A portion of Lot "B" of Rancho Agua Hedionda, County of San Diego, per Map 823 filed November 16, 1896
to, wit:
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 9th day of
May, 1984, hold a duly noticed public hearing as 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 and Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 83-9(A) based on-
the following findings and subject to the following - conditions:
////
P
2
3
4
5
6
7
8
9
10
3.3.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Find ing s :
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 on the land use element of the general plan.
The site is physically suitable for the type and density of
the development since the site is adequate in size and shape to accommodate residential development at the density pro-
posed.
The project is consistent with all City public facility pol-
icies and ordinances since:
The Planning Commission has, by inclusion of an appropriate 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 Planning 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 determines that sewer service is available, and building cannot occur within the
project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the public facilities element of the general plan
have been met insofar as they apply to sewer service for this project. The Carlsbad School 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 ap- proval.
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 enable this body to find that public facilities will be available concurrent with need as required by the general plan.
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.
//// PC RES0 NO. 2291 -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
5) The project meets the intent and all standards of the R-E
6) This project has already been considered in conjunction
zone for the reasons stated in the staff report.
with a previously certified environmental document and a Notice of Prior Environmental Compliance was issued on March 7, 1984.
Conditions:
Approval is granted for CT 83-9(A), as shown on Exhibit "A"
and "B", dated April 16, 1984, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions.
This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is
available to serve the subdivision.
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.
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 15, 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 applicant 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.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at time of building permit issuance.
Water shall be provided to this project pursuant to the Water Service Agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building4 permits. K
3c ??SO \?O" 2291 -3-
1
2
3
4
5
6
7
8
9
1c
I1
12
12
14
If
1f
1';
1E
l!
2(
2:
2:
2:
21
2i
' 2(
2'
2j
A 500' scale map of the subdivision shall ke submitted to
the Land Use Planning Manager prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project.
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trashy and debris.
Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs.
All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets,
pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director,
The applicant shall submit a street name list consistent
with the City's street name policy subject to the Land Use Planning Manager's approval prior to final map approval.
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) All development shall meet the regulations of the R-E zone;
b) The establishment and maintenance of the open space easements as shown on Exhibit "A", dated May 11, 1983;
c) A note indicating the subdivision may be impacted by
' noise from airplanes landing at Palomar Airport.
d) Maintenance of the common recreation area.
Said CC&R's shall be submitted to and approved by the Land
Use Planning Manager prior to approval of the final map.
Engineering Conditions:
17) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
////
/I//
PC RES0 NO. 2291 -4- di
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
The grading for this project is defined as "controlled grad- ing" 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 Department of Sanitation and Flood Control or the City Engi- neer .
The developer shall construct desiltation/detention basins
of a 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 map 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 borrow sites which may be utilized in the construction of this project as required by the City Engineer.
The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent property prior to approval of the final map.
The developer shall install the following improvements to the satisfaction of the City Engineer. Alternatively, the
developer may enter into an improvement agreement with the city in accordance with Section 66462 of the Subdivision
Map Act and the Carlsbad Municipal Code to assure the timely completion of the improvements unless otherwise noted herein. All improvements shall have plans,
specifications and supporting documents prepared to the satisfaction of the City Engineer and shall be constructed or an improvement agreement shall have been provided by the
developer prior to recordation of a final map for the phase of the subdivision that said improvements serve. Said improvements shall be completed prior to the issuance of a
Certificate of Occupancy or occupancy of any structure located in the phase of the subdivision for which that they are located in. Except as specifically listed herein, all
off-site improvements shall be completed prior to any occupancy. or agency to the satisfaction of the City Engineer prior to being required by these conditions shall be deemed to meet these conditions, The improvements included are:
Any improvement completed by any other developer
cf PC RES0 NO, 2291 -5- 'b
a
2
3
4
5
6
7
8
9
LO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Domestic water facilities including water mains and
laterals on and off-site.
Sanitary sewer facilities includinq sewer mains and
laterals on and off-site.
All improvements shown on the tentative
Street trees.
Street lights.
Temporary cul-de-sac (per standard Draw
-
map .
ng No. G- - barricade (per standard Drawing No. M-9.1) at the ) and
temporary terminus of any street not designated as a permanent cul-de-sac.
ID' Street and the portion of 'B' Street west of it's intersectionn with 'F' Street to collector street standards except that sidewalk may be omitted on 'B' and
'Dl Street's with the approval of the City Engineer.
Off-site 'B' Street from the westerly line of this subdivision to College Boulevard to collector street standards except that sidewalk may be omitted.
The portion of 'A' Street within Phase 4 shall be constructed with Phase 2.
Off-site 'D' Street to collector street standards,
except that a 28 foot wide paved section with no curb, gutter or sidewalk is required. Full grading and appropriate drainage facilities are required. One half width plus median curb to major arterial standards for Cannon Road from College Boulevard to off-site 'D' Street and College Boulevard from Cannon Road to off- site 'B* Street. The streets listed in this item (]) shall be installed in accordance with the provisions of this paragraph prior to filing the final map of the phase which includes the 121st unit.
College Boulevard from El Camino Real to off-site 'B' Street with one half width improvements plus median curb to major arterial standards.
25) The developer shall enter into a secured agreement to pay for one-fourth the cost of design and installation of traffic signals and associated improvements at the
intersections of College Boulevard and 'E' Street and Cannon Road and ID* Street. Bonds and agreement for this item shall be submitted prior to recordation of any final map.
PC RES0 NO. 2291 -6-
t 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
The developer shall secure dedication of all on and off- site street rights-of-way and slope and utility easements at the time of filing the final map that these conditions
require underlaying improvements. Land for all public streets and easements shown on the tentative maps or accompanying exhibit shall be granted to the city free and clear of all liens and encumbrances. Rights-of-way so granted shall be to the full width required by city standards .
Should the developer decide to final map and develop phases out of numerical sequence with the approved phasing as shown on the tentative map all conditions required of the preceeding phases shall be completed unless otherwise approved by the City Engineer and the Land Use Planning Manager.
Prior to final map approval the applicant shall provide for
adequate access to the property laying immediately south of lots 10 through 13.
The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water
agencies and SDG&E regarding services to the project.
Prior to recordation of any final map for this development,
the owner shall give written consent to the annexation of
the area shown within the boundaries of the tentative map into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 .
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 applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an
extension, the City Council may impose new conditions and may revise existing conditions,
Prior to the approval of the final map the applicant's engineer shall demonstrate a means of proper driveway access to all lots with topography problems (i.e., grade, drainage, water and gas lines, etc.) . Individual lot lines may be adjusted subject to the approval of the City Engineer.
Fire Department
33) Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshall.
34) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and
on site roads and drives subject to the approval of the Fire
. Marshall.
la 7 PC RES0 NO. 2291 -7-
I
2
3
4
5
6
7
E
S
IC
11
1;
1:
14
1:
It
1:
1Z
15
2(
2:
2;
2:
26
2!
21
2'
21
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.
All fire alarm systems, fire hydrants, extinguishing sys- tems, automatic sprinklers, and other systeins pertinent to the project shall be submitted to the Fire Department for approval prior to construction,
Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual.
If, at the time building permits are applied for, 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,
Parks and Recreation Department Conditions:
41) The applicant shall submit a streetscape theme plan for the project. Said plan shall indicate treatment of street
trees 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 grading permit,
42) The applicant shall submit a detailed landscape plan for all slope areas along 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.
////
////
////
////
///I PC RES0 NO. 2291 -a-
1
2
3
4
E
E
s
E
<
I(
3:
1:
1:
1d
1'
11
1
1
1
2
2
2
2
2
2
2
2
2
PASSED, APPROVED AND ADOPTED at a regular meeting of
:he Planning Commission of the City of Carlsbad, California,
ield on the 9th day of May, 1984, by the following vote, to wit:
AYES: Chairman ROmbOtiS, Commissioners awli ins,
Schlehuber, Marcus Farrow and Smith
NOES : None
ABSENT: None.
ABSTAIN: None.
JERRY ROMBOTIS, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. BOLZMILLER LAND USE PLANNING MANAGER
PC RES0 NO. 2291 -9-