HomeMy WebLinkAbout1982-07-06; City Council; Resolution 6928RESOLUTION NO. 6928
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS
TENTATIVE TRACT MAP (CT 81-48) AND PLANNED UNIT DEVELOPMENT (PUD-36) ON 120.7 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF TAMARACK AVENUE AND EAST OF SIERRA MORENA. APPLICANT: WOODWARD CASE NO. CT 81-48/PUD-36.
WHEREAS, on May 26, 1982, the Carlsbad Planning
Commission adopted Resolution No. 1960 recommending to the City
Council that Tentative Tract Map (CT 81-48) and Planned Unit
Development (PUD-36) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
June 15, 1982 held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Tract Map (CT 81-48) and Planned Unit Development
(PUD-36); and
WHEREAS, an Environmental Impact Report (EIR 81-7) was
prepared and certified as complete in satisfaction of the
requirements of the City of Carlsbad Environmental Protection
Ordinance of 1980 and the California Environmental Quality Act
for PUD-36 and CT 81-48;
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. 1960 constitute the findings of the City Council
in this matter.
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C. That said Tentative Tract 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 Tentative Tract Map (CT 81-48) and Planned
Unit Development (PUD-36) are 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. 1960, dated May 26, 1982 marked
Exhibit A, attached hereto and made a part hereof, with the
exception of condition number 41 to read as follows:
"The city has received a request for a reimbursement agreement regarding the improvement of Tamarack Avenue which is already constructed. The City Council has not yet considered the request and the outcome is not certain. In the event that a reimbursement agreement district is established, the subdivider shall agree to pay the reimbursement amount for Tamarack Avenue frontage not to exceed 1/2 street width along each phase of the subdivision prior to final map approval for such phase.
PASSED, APPROVED, AND ADOPTED at a regular meeting oE
the City Council of the City of Carlsbad, California, on the - 6th
day of July , 1982 by the following vote, to wit:
AYES: CouncillWers Casler, Lewis, Kulchin and Anear
NOES : None
I -- - MARY H .JCASLER, Mayor
ATTEST :
ALETHA L.
(SEAL)
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EXHIBIT A
RESOLUTION NO. 6928
PLANNING COMMISSION RESOLUTION NO. 1960
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL
OF A 221 LOT TENTATIVE TRACT MAP AND A 211 UNIT
PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED
ON THE NORTH SIDE OF TAMARACK AVENUE, EAST OF SIERRA
MORENA AVENUE
APPLICANT: WOODWARD
CASE NO: CT 81-48/PUD-36
WHEREAS, a verified application for certain property to
qit:
All that portion of Lots “E” and ”I” of Rancho Agua Hedionda according to a partition map thereof No, 823, filed November 16, 1896
ias been filed with the city of Carlsbad, and referred to the
?lanning Commission; and
WHEREAS, said verified application constitutes a request
provided by Title 21 of the Carlsbad Nunicipal Code; and
WHEREAS, the Planning Commission did, on the 26th day of
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4ayp 1982, hold a duly noticed public hearing as prescribed by law
to consider said request; and
WHEREAS, at said public hearing, upon hearing and
zonsidering all testimony and arguments, if any, of all persons
SesFring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the.Planning
Coninission 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 81-48/PUD-36, based on the following findings and subject to the following conditions:
Findings:
1) The project is consistent with the city’s General Plan since
the proposed density of 1.7 du’s/acre is within the density range of 0-4 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 t'ot
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:
a) The Planning Commission has, by inclusion of an appropriatc 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, 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.
b) Park-in-lieu fees are required as a condition of approval,
c) All necessary public improvements have been provided or will be required as conditions oE approval,
d) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a publlic facilities fee
Performance of that contract and payment of the fee will enable this body to find that public facilities will bc,
available concurrent with need as required by the General Plan .)
e) Adequate school facilities are available to this project
pursuant to letter from Carlsbad Unified School District
dated June 15, 1981,
f] 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,
An Environmental Impact Report has Seen certified for this' project, therefore, all requirements of the Carlsbad
Enviromental Protection Ordinance have been met.
:onditions:
) Approval is granted for CT 81-48/PUD-36, as shown on Exhibit
"A", dated May 4, 1982, Exhibit "B", dated May 21, 1982, and
Exhibits I'D" , "F" , "G" and "H" , dated December 7, 1981,
incorporated by reference and on file in the Planning Department, Development shall occur substantially as shown unless otherwise noted in these conditions,
'C RES0 NO, 1960 -2-
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This project is approved upon the express condi-ion that the final map shall not be approved unless the City Council finds
as of the time of such approval that sewer service is availabll 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 uqon the express condition that the applicant shall pay a public facilities fee as required by Cit Council Policy No, 17, dated August 29, 1979, on file with th 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 June 15, 1981, 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 t
the approval of the final map as required by Chapter 20.44 of
the Carlsbad Nunicipal Code.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable cit3
ordinances in effect at time of building permit issuance.
'1 ann iny Depar tmer! t
The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein, Saii
site plan shall be submitted to and approved by the Planning
Oirector prior to the issuance of building permits,
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 Planning
Department prior to final map approval,
The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Plannihg
Oirector prior to the issuance of building permits,
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 Planning Department prior to in-
stallation of such signs.
PC RES0 NO. 1960 -3-
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All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sounc
buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Director,
The applicant shall submit a street name list consistent with
the city's street name policy subject to the Planning Director's approval prior to final map approval.
The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimuin include a bench, free from advertising and a pole for the bus stop sign. The
bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and
said design shall be subject to the approval of the Planning Director and North County Transit District.
Approval of Tentative Tract No, CT 81-48/PUD-36 is granted
subject to approval of Zone Change 245 and to approval of the
annexation of the property to the city of Carlsbad.
Approval of this tentative tract map shall expire twenty-€our months from the date of City Council approval unless a final
map is recorded. An extension may be requested by the ap-
plicant. 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.
All slopes shall be maintained in accordance with the maintenance plan (Exhibit T, dated December 8, 1981). Said maintenance shall be clearly outlined in the CC&R's,
The applicant shall provide RV parking pursuant to the city's Planned Development Ordinance standard for RV parking in effec at the time of. the issuance of the first building permit,
ng ineer ing
9) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
0) The grading for this project is defined as "controlled gradins
by Section 11.06,170(a) of the Carfsbad 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 Citj Engineer and verify compliance with Chapter 11 -06 of the
Carlsbad Municipal Code.
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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 contour map which represents both the pre and post site grading. 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.
This
No Grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of
the affected properties.
Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer,
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 Drainage Plan and City
of Carlsbad Standards 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 encumberances,
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 buildin(;s.
The developer shall comply with all the rules, regulations and
design rquirements of the respective sewer and water agencies
All concrete terrace drains shall be maintained by the home- owner’s association (if on commonly owned property) or the
individual property owner (if on an individually owned lot) in perpetuity.
identifying the responsibility shall be placed in the CC&R’s.
re ,,garding services to the project.
An appropriately worded statement clearly
Direct access rights for all lots abutting Tamarack Avenue and R”ac Drive shall be waived and relinquished on the final
nap
Prior to the occupancy of any unit within this subdivision, th developer shall install a 6 foot chain link fence, or an acceptable alternative, on both sides of the existing concrete drainage channel, for its entire length along the subdivision
boundary, irrigation on the southside of the southerly fence, to screen the fences from view from Tamarack Avenue. The landscape and
irrigation plan shall be as approved by the Parks and Recreation Director.
The developer shall also install landscaping and
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Water shall be provided by the city of Carlsbad, unless some
other arrangement is approved by the City Council,
Prior to the issuance of any building permits for any dwelling units beyond the first 120 units, the subdivider shall construct a 16' wide all weather temporary fire access road Thc precise location and design of this road shall be determined bl the City Engineer and Fire Marshall,
The developer shall construct a desiltation basin of a type and size, and at a location, 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 desiltation basin shall be serviced by an all weather access/maintenance road.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent
property prior to the approval of the final map.
The applicant shall agree to provide for the utilization of
reclaimed water, in Type 1 form, on the subject property in al: common areas as approved by the City Engineer,
Tne reclaimed water irrigation system shall be maintained and operated consistent with the requirements of the city of Carlsbad, under a contractual agreement with the homeowner's
association that is to give the city total assurance that they would always have the ability to discharge the effluent,
Irrigation systems to accommodate future reclaimed water shall
be designed consistent with Title 17 of the California State Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the instailation
of adequately sized sleeves at crossing points to minimize street excavation, .
No specific development has been approved for lots 1 and 37
designated "future condominium site" as shown on the tentative nap for this project. Prior to the construction of any condominium units within these lots the developer shall
process a separate tentative map and condominium permit with
the city. A note to this effect shall be clearly stated on the final map for this subdivision.
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.
Eulk grading of the future c.ondominium site is permitted if
consistent with all city codes, other conditions of this resolution and the Envixonmental Impact Report,
PC RES0 NO. 1960 -6-
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) The city has received a request for a reimbursement agreement regarding the improvement of Tamarack Avenue which is already
constructed, The City Council has not yet considered the request and the outcome is not certain. reimbursement agreement district is established, the
subdivider shall agree to pay the reimbursement amount for Tamarack Avenue frontage not to exceed 1/2 street width along the subdivision prior to final map approval for Phase 1.
In the event that a
.re Department
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 are 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 constructian.
A fuel breztk to buffer the units along street L from the
nat.uraf vegetation shall be developed to the satisfaction of
the Fire Department.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Ianning Commission of the city of Carlsbad, California, held on thc
6th day of May, 1982, by the following vote, to wit:
AYES: Farrow, Rombotis, Schlehuber, Friestedt, Rawlins
NOES : None
ABSENT: Marcus, Jose
ABSTAIN : None
VERNON J. FARROW, JR., Chairman
CARLSBAD . PLANNING COMMISSION
iTTEST:
~ARLSBAD PGANNYG COMMISSION
'C RES0 NO. 1960 -7-