HomeMy WebLinkAbout1984-07-17; City Council; Resolution 7673RESOLUTION NO. 7673
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS A 73 UNIT TENTATIVE MAP CT 83-20 ON 36 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTHWEST AND
SOUTHWEST CORNER OF EL CAMINO REAL AND FUTURE ELM AVENUE . APPLICANT: ALANDA
CASE NO.: CT 83-20
WHEREAS, on April 25, 1984, the Carlsbad Planning
Commission adopted Resolution No. 2284 approving tentative tract
map CT 83-20; and
WHEREAS, the City Council on June 5, 1984 held a public
hearing to consider the recommendations and heard all persons
interested in or opposed to tentative tract map CT 83-20; and
WHEREAS, said tentative tract map has undergone previous
environmental reveiw and a Notice of Prior Environmental
Compliance has been issued on April 4, 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. 2284 constitute the findings of the City Council
in this matter.
C. That tentative tract map CT 83-20 together with the
provisions for its design and improvement and subject to the
conditions of this resolution, are consistent with all applicablc
general and specific plans o'f the City of Carlsbad.
D. That subdivision CT 83-20 is hereby approved subjeci
to all applicable requirements of the Carlsbad Municipal Code anc
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to the satisfaction of the conditions contained in Planning
Commission Resolution No. 2284, dated April 25, 1984, marked
Exhibit A, attached hereto and made a part hereof, with the
exception of the following addition of Condition No. 36.a as
recommended by staff :
tt36.a. Prior to approval of the final map the City Council may approve an alternative plan to provide for the financing of the dedication and improvement of Elm Avenue. The City Council will consider any proposals from the developer in that regard. Alternatives may include but are not limited to, an assessment district, or major thoroughfare reimbursement district. In makinc their decision on an alternative financing plan the Citl Council may modify the requirements of Condition No, 36
without further public hearings, If alternative arrangements satisfactory to the City Council for the financing of Elm Avenue are not approved and completed
prior to final map approval then the developer shall comply with the requirements of Condition No. 36."
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
17th day of JdY 1984 by the following vote, to
wit:
AYES: Council Members Casler, Lewis, Kulchin and Prescott
NOES: Kens
ABSENT: Council &mkr Chick
ATTEST:
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wit:
PLANNING COMMISSION RESOLUTION NO. 2284 -
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 75-LOT
RESIDENTIAL SUBDIVISION ON PROPERTY GENERALLY LOCATED ON
THE NORTHWEST AND SOUTHWEST CORNER OF EL CAMINO REAL AND
APPLICANT: ALANDA CASE NO.: CT 83-20
WHEREAS, a verified application for certain property to,
FUTURE ELM AVENUE.
All that portionn of Lot "J" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of
California, according to Partition Map thereof No. 823,
filed in the Office of the County Recorder of San Diego
County, 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
April, 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.
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 83-20, based on the
following findings and subject to the following conditions:
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'indings:
Th-& -project is consistent with the City's general plan since
the proposed density of 19.7 du/ac on the north side of Elm Avenue and 2.0 du/a'c on the south side of Elm Avenue are withir
the density ranges of 10-20 du/ac and 0-4 du/ac respectively specified for the site as indicated on the land use element of the general plan. The proposed densities on both the north anc
south sides of Elm Avenue can be justified because the project:
will provide a needed link to the City's circiulation system, are compatible with surrounding land use densities and the
apartment project to the north is well designed with on-site
amenities that exceed the requirements of the underlying zone.
As conditioned to mitigate the environmental concerns regardin?
grading, 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 densit]
proposed
The project is consistent with all City public facility pol- icies and ordinances since:
The Planning Commission has, by inclusion of an appropriatt
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 satisfiec that the requirements of the public facil-ities 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 March 15, 1984, 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 enable this body to find that public facilities will be available concurrent with need as required by the general
plan.
The proposed project is compatible with the surrounding future -$fipd *uses since surrounding properties have the same or simila . tszty and are designated for residential development on the general plan.
g$&;&li 6
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This project will not cause any significant environmental impacts and a Notice of Prior Compliance has been issued by
the Land Use Planning Manager on April 4, 1984 and approved by the Planning Commission on April 25, 1984.
This project is approved on the basis that the applicant has agreed to provide variety in roof lines on the single family portion of the site and will totally integrate one and two story units so as to not provide monotonous structural heights from the local street or El Camino Real.
This project is consistent with the "El Camino Real Development Standards" plan.
Conditions:
Approval is granted for CT 83-20, as shown on Exhibits IB" -
"H", dated April 25, 1984, incorpora-ed 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 sewe. 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 Cit 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 March 30, 1983, is on fil 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 t 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.
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1) Water shall be provided to this project pursuant to the Water
Seqvice agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983.
i) The applicant shall prepare a reproducible mylar of the final
site plan incorporating the conditions contained herein. Said
site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
,and Use Planning Office
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The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Land Use
Planning Manager prior to final map approval ,
The applicant shall prepare a detailed landscape and irrigatior
plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
Such plan shall include landscaping and irrigation within the
area between the El Camino Real paving and the property lines along the frontage of the project. The desiltation basin shall be shielded by a decorative screening wall and shall be heavily landscaped, This area shall be maintained by the owner of the apartment project north off Elm Avenue and the Homeowners Association south of Elm Avenue,
A 500' scale map of the subdivision shall be 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.
A master plan of the existing on site trees shall be provided to the Land Use Planning Manager as part of the final grading plan to determine which trees shall be required to be preservec
prior to the issuance of a grading permit or a building permit, whichever occurs first.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, 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.
Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager ,
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1411 roof appurtenances, including air conditioners, shall be
akhitecturally integrated and shielded from view and the soun
buffered from adjacent properties and streets, pursuant to
Building Department Policy No. 80-6, to the satisfaction of th
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.
Approval of Tentative Tract No, 83-20 is granted subject to
approval of GPA/LU 84-3, ZC-304 and SDP 84-3.
The applicant shall perform archaeological studies on the
property as suggested in the archaeological testing report
performed by Westec Services, dated September 1, 1983.
The mitigation measures indicated in EIR 83-5 shall be complie with and are incorporated herein by reference.
Engineering
The developer shall place the following notes on the final map: Geotechnical Caution:
1) "The possible existence of ancient landslides and/or mudflows within the boundaries of this subdivision has been noted in the Environmental Impact Report for this subdivision."
with the possible landslides and/or mudflows have been
required as a condition of approval for the tentative map for this subdivision." 3) "The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure and subsequent damage that may occur on, or adjacent to, this subdivision due tc it's construction, operation or maintenance."
The developer shall execute a hold harmless agreement
regarding any damage and/or claims that may arise through
any-geological failure and subsequent damage that may occi
on, or adjacent to, this subdivision due to it's construction operation or maintenance.
2) "Mitigation measures to alleviate the hazards associated
The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
Prior to issuance of a Grading Permit the developer shall
submit a detailed geologic investigation in accordance with
the policies, guidelines and action programs of the Geologic
and Seismic Safety Element of the General Plan. The develope1
shall submit such additional data as may be required by the City Engineer.
PC RES0 NO. 2284 -5-
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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 1' 1.06 of the
Carlsbad Municipal Code.
Upon completion of grading, the developer shall insure that an
"as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contoui map which represents both the pre and post site grading. This
plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar
or similar drafting film and shall become a permanent record.
No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties.
Prior to the issuance of a grading permit, the haul route shal:
be submitted for review and approved by the City Engineer. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
All slopes within this project shall be no steeper than 2:l.
Terrace drains and benches shall not be included when
measuring the degree of any slope.
For areas below the 200 foot contour line the! developer shall
perform remedial grading that consolidates and stabilizes any
saturated and/or poorly compacted collov ium/al luvium soi Is , The remedial grading shall, as a minimum, include removal, moisture adjustment replacing and recompaction of said soils and the installation of a subdrain system.
Additional drainage easements and drainage structures shall be
provided or installed as may be required by t-he County
Department of Sanitation and Flood Control or the City Engi-
neer .
The developer shall pay the current local drainage area fee prior to approval of the final map or shall construct drainage
systems in conformance with the Master Drainaige Plan and City
of Carlsbad Standards as required by the City' Engineer.
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PC RES0 NO. 2284 -6-
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The developer shall exercise special care during the
coastruction phase of this project to prevent any off-site
siltation. The developer shall provide erosion control
measures and shall oonstruct temporary desiltation/detention basins of type, size and location as approved by the City
Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to
the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or
approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period
of time satisfactory to the City Engineer and shall guarantee
their maintainance and satisfactory performance through cash
deposit and bonding in amounts and types suitable to the City
Engineer.
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 map for this project. 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.
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 encumbrances.
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secondary arterial standards for Elm Avenue from it’s existing terminus east of Donna Drive to the westerly line of the development shall be bonded for prior to approval of the final
map and installed at a time as deemed necessary by the City
Engineer, however, these improvements must be installed prior to occupancy of the 121st unit.
Unless otherwise stated herein, all improvements shall be
completed to the satisfaction of the City Engineer prior to th?
occupancy of any unit in this development.
1-pprovements including, but not limited to, the following iten
shall be installed by the developer and approved by the City Engineer prior to filing the final map. Alternately, the
installation of said improvements shall be guaranteed by a
security agreement obtained by the developer. in an amount and a type required by the Carlsbad Municipal. Code. TO wit:
One-half street improvements to prime arterial standards for the portion of El Camino Real that fronts the project, including median and median landscaping to the City’s satisfaction;
All improvements shown on the tentative map; all storm drain system components shall be sized and located to accomodate the ultimate level of development anticipated for the locale. Additional storm drain facilities: i) An enclosed storm drain from the southerly boundary of the project to the northerly side of Elm Avenue along the westerly side of El Camino Real or an alternative acceptable to the City Engineer.
intersection of Rising Glen Drive and Ridgecrest Drive;
drain and the proposed storm drain at the north- easterly corner of the project;
ii) Additional storm drains and curb inlet at the
iii) Providing a connection between the existing storm
Removal of the existing curb returns on the easterly side of the street at the intersection of Rising Glen Drive an( Ridgecrest Drive and construction of curb and gutter on
the easterly side of Ridgecrest Drive across the opening of Rising Glen Drive; Street trees; Street lights; Landscaping and protective and visual barriers around the desiltation/detention basin; Temporary turn-around (standard drawing GS-5) and continuous barricade (standard drawing M-9.1) at the end
of “An Street;
A water main providing a loop connection between the proposed water main at the southerly end of “A“ street anc the existing water main in El Camino Real.
Full street grading, 28 foot paved section, storm drains and
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Excepting only the driveway serving the multi-family structures north of Elm Avenue that is shown on the Tentative
Map direct access rights for all lots abutting Elm Avenue and El Camino Real shall be waived on the final map.
The developer shall install a wheelchair ramp at the public
street corner abutting the subdivision in conformance with Cit: 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 regarding services to the project.
All private streets and drainage systems shall be maintained b the homeowner's association in perpetuity. This responsibilit: shall be clearly stated in the CC&R's.
All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) or the individual property owner (if on an individually owned lot).
An appropriately worded statement clearly identifying the responsibility shall be placed in the CChR's.
Prior to recordation of any final map for this development, thc
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.
applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, thc City Council may impose new conditions and may revise existing conditions.
An extension may be requested by the
?ire Department
15) Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshall.
16) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and 01 site roads and drives subject to the approval of the Fire Marshall.
17) An all weather access road shall be maintained throughout construction.
18) All required fire hydrants, water mains and appurtenances shal: be operational prior to combustible building materials being located on the project site.
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49) AJ~. 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 construct ion .
Parks and Recreation
50) The El Camino Real median shall be landscaped and provided wit an irrigation system in accordance with the standards
identified in the City of Carlsbad "Landscape Guidelines
Manual".
51) The developer shall submit an "Open Space Maintenance Program" in accordance with the criteria identified i.n the "Landscape
Guidelines Manual" to the satisfaction of the Parks and Recreation Director prior to issuance of Building
Permits .
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 25th day of April, 1984, by the following vote, to Wit:
AYES: Chairman Rombotis, Commissioners Rawlins, Marcus, Lyttleton, Schlehuber and Smith.
NOES: None.
ABSENT: Commissioner Farrow,
ABSTAIN: None.
ATTEST:
MICHAEL J. HQ'bzd
LAND USE PLANNING MANXGER
PC RES.0 ,NO. 2284
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