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HomeMy WebLinkAbout1982-08-17; City Council; Resolution 6971RESOLUTION NO, 6971: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS TENTATIVE TRACT MAP (CT 82-8) AND PLANNED UNIT DEVELOPMENT ( PUD-4 1 ) ON PROPERTY GENERALLY LOCATED TO THE NORTHWEST OF THE EASTERLY TERMINUS OF TAMARACK AVENUE. APPLICANT: TREETOPS UNLIMITED CASE NO. CT 82-8)/PUD-41. WHEREAS, on July 14, 1982, the Carlsbad Planning Commission adopted Resolution No. 1983 recommending to the City Council that Tentative Tract Map (CT 82-8) and Planned Unit Development (PUD-41) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on August 3, 1982 held a public hearing to consider the recommendations and heard all persons interested in or opposed to Tentative Tract Map (CT 82-8) and Planned Unit Development (PUD-41); and WHEREAS, said Tentative Tract Map and Planned Unit development have been declared to have a nonsignificant impact on the environment and a Negative Declaration was prepared and filed on June 15, 1982 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, 1983 constitute the findings of the City Council in this matter. /// /// /// 7 \\ 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 82-8) and Planned Unit Development (PUD-41) 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. 1983, dated July 14, 1982 marked Exhibit A, attached hereto and made a part hereof, with the exception of condition number 20 to read as follows: "Prior to occupancy of any units within this property, a minimum of two acres in Village E-1 or E-2 shall be developed as a recreational vehicle storage lot in accordance with the requirements of the section of the Carlsbad Planned Development Ordinance dealing with the recreational vehicle storage. In lieu of this requirement, the developer may provide temporary storage within the project which shall remain until the area in E-1 or E-2 is developed. This temporary recreational vehicle storage area may be located in another portion of the Calavera Hills Master Plan area subject to the approval of the Planning Director. If the Calavera Hills Master Plan is amended in regard to recreational vehicle storage, the developer shall comply with the plan as amended." PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the17th - day of August , 1982 by the following vote, to wit: AYES : Council Members Casler , Lewis, Kulchin, Chick and hear NOES: None ABSENT: None MARY H. ASLER, Mayor ATTEST : 2. 2 I 1 2 3 4 5 6 7 e 9 IC I1 12 32 3.4 It It 1'; 1Z I! 2( 2: 2; 2; 21 2! xc 2' 2r PLANNING COMMISSION RESOLUTION NO 1983 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 1Q9 LOT/108 UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED TO THE NORTHWEST OF THE EASTERLY TERMINUS OF TAMARACK AVENUE. APPLICANT: TREETOPS UNLIMITED CASE NO: CT 82-8/PUD-41 WHEREASc a verified application for certain property to sit: A portion of Lot "J" of Rancho Agua Medionda according to Map No. 823 filed November 16, 1896 ias been filed with the city of Carlsbad, and referred to the ?laming Commission; and WEREASP said verified application constitutes a request a$ ?rovided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 14th day of c- July, 1982, 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 iiesiring to be heard, said Com.ission considered all factors relating to the Tentative Tract Map and Planned Unit DeVelOpRent. 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 82-8/PUD-41, based on the following findings and subject to the following conditions: Find ing s : 1) The project's density is consistent with the approved master plan for this area since 108 units are proposed and the Calavera Hills Master Plan would allow up to 108 dwelling units at this site. .I n 1 2 3 4 5 6 '7 E 9 zc 1f 1': It l! . 2( 2: 2: 21 R! 21 2' 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 dens'ity 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 Planning Commission has added a condition that a note shall be placed on the final nap 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 GFnexal Plan have been met insofar as they apply to sewer: service for this project. The applicant is required to pay a park-in-lieu fee pursuant to Chapter 20.44 unless other provisions are made pursuant to the Calavera Mills Master Plan. All necessary public improvements have been provided .- or will be required as conditions of approval. *I 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. Adequate water for the project will be provided. A letter has been submitted by the Carlsbad School District, dated May 6, 1982, ensuring that adequate school facilities will be available to this project concurrent with need. The proposed project is compatible with the surrounding futurc land uses since surrounding properties are designated for residential development on the General Plan. This project as conditioned will not cause any significant environmental inpacts and a Negative Declaration has been issued by the Planning Director on June 15, 1982 and approved by the Planning Commission on July 14, 1982. All design criteria and development standards of the Planned Development Ordinance are met by this project. This project and all proposed and required public improvement! are consistent with the Calavera Hills Master Plan. d SJ RES0 EO.- 1983 -2- 1 2 3 4 5 6 7 e 9 1c 13 1: 1: 3.L I.! 11 1' 11 1' 21 2 2 2 2 2 2 2 2 meral Cond it ion S : Approval is granted for CT 82-8/PUD-41 as shown on Exhibit(s) "A" - "HI', dated May 7, 1982, incorporated by reference and an file in the Planning Department. 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 f.inds as of the time of such approval that sewer service is availablt 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 May 6, 1982, is on file witk 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 tc the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code unless other provisions are made pursuant to the Calavera Hills Master Plan. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable cj.ty ordinances in effect at time of building permit issuance, )lanning Department I) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein,' site plan shall be submitted to and approved by the Planning Director 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 irriga,ioi Said I) plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits. 'C RES0 NO. 1983 -3- qL 3 2 3 4 5 6 7 E Approval of this tentative tract map shall expire twenty-four months fron 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, thc City Council may impose new conditions and may revise existing cond it ions. 5 3.1 1' 2 2 2 2 2 All parking lot trees shall be a minimum of 15 gallons in size. A Master Plan of the existing on-site trees shall be provided to the Planning Department as part of the final grading plan tc determine which trees shall be preserved 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 Calavera Hills Master Plan and the city's Sign Ordinance and shall require review and approval of the Planning Department prior to installation of such signs. Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. of said receptacles shall be approved by the Planning Director. Location All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the soun 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 i)irector'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 minimum 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, Prior to issuance of building permits, the applicant shall submit plans to the satisfaction of the Planning Director for the design of the fences separating the rear yards of the units. These fences or walls shall be designed to be aesthetically pleasing and compatible with the development and surrounding area. -4- #: i e Prior to occupancy of any units within this property, a minimum of two acres in Village E-? or E-2 shall be developed as a recreational vehicle storage Pot in accordance with the requirements of the section of the Carlsbad Planned Development OrGinance dealing with recreational/vehicle storage. This recreational vehicle storage area may be located in another portion of the Calavera Hills Master Plan area, subject to the approval of the Planning Director. Prior to occupancy of any units, the applicant shall construct directory signs at the entrance to each parking area indicating the location of each unit. The design of these signs shall be approved by the Planning Director and Fire Chief . Approval. of this project is contingent upon the adoption and the effective date of the Planned Development Ordinance by the city Council. A two foot roof overhang shall be provided on each end o€ the carports to provide shadow relief, Separate plans for said carports shall be submitted to and approved by the Planning Director prior to issuance of building permits, The area around the parking lots shall be heavily landscaped to the satisfaction of the Planning Director and Director of Parks .- and Recreation, prior to occupancy of any units. c Prior to issuance of any building permits, the applicant shall submit a detailed fence plan for the tot Pot to the satisfaction of the Planning Director. This fence shall be constructed prior to occupancy of any units. Prior to final.map approval the location of the carports shall be revised to comply with the requirements of the Planned Development Ordinance. ng ineer ing Department 6) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 7) The grading for this project is defined as "controlled gradins 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 Citj Engineer and verify compliance with Chapter 11.06 of the, Carlsbad Municipal Code. !8) Upon completion of grading, the developer shall insure that ar "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 contot 'C RES0 NO. 1983 -5- P' 3 2 3 4 5 7 E z . I( 1: 1: 3.: 11 I! 11 1' 2. I -2 2 2 2 2 2 2 2 2 map which represen-s 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 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 buildings, The developer shall comply with all the rules? regulations and design rebuirements 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 staked in the CC&R's. 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, An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's, Direct access rights for all lots abutting Elm--Avenue and Tamarack Avenue shall be waived and relinquished on the final map The owner shall dedicate and bond for the improvement of the full half width section of Elm Avenue and Tamarack Avenue along the entire subdivision frontage prior to the final map approval, In addition, the owner shall secure the dedication and bond €or the improvement of Tamarack Avenue from the subdivision frontage to the existing terminus of Tamarack Avenue prior to the approval of the final map. Additional drainage easements and drainage structures shall be provided as may be required by the City Engineer. Specifically, the storm drainage pipe shown on the tentative map as draining the western most parking lots shall be extended down the slope to discharge into a more well-defined drainage course. Water shall be provided by the city of Carlsbad unless some other arrangemefit is approved by the City Council. 'C RES0 NO. 1983 -6- ! "? 3. 2 3 4 5 6 7 E s IC 23 12 3: 1L l! 1( 1' 14 l! 21 2: 21 2 2 2 2 2 2 0 0 !O) The 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 district total assurance that: they would always have the ability to discharge the effluent. L1) Irrigation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California State Administration Code, Offsite future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimize street excavation. ire Depxtment Additional public and/or on-site fire hydrants. are required. An all weather access road shall be maintained throughout construction, All requi&d fire hydrants , water mains and appurtenances shaP be operational prior to combustible building materials being located on the project site. All private driveways shall be kept clear of parked vehicles a all times, and shall have posted "NO Parking/Fire Lane Tow Awa Zone" pursuant to Section 17,04.040, Carlsbad Municipal Code, Fire retardant roofs are required on all structures. -.. - Brush clearance shall be maintained within a minimum distance of 38 feet to each residence, Abf 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, Building exceeding 10 , 000 sq. ft aggregate floor area shall. be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (OX less) areas. Prior to recordation of the final map, a parcel map delineating the location of the fire station site in Village E 2 shall be filed with and approved by the city, Due to the inaccessibility of several of the units for fire- fighting purposes, horizontal dry standpipe systems shall be installed as required by the Fire Chief. The system shall include hose cabinets equipped as specified by the Fire Chief. There shall be no parking on the west side of the public street providing access to this point. 'C RES0 NO, 1983 -7- 1 2 3 4 5 6 7 E s 1c 11 1; 1: I! 1( 1' 2: 21 2' 2< 2 2 2l 24 e arks and Recreation The landscaping along the edge of the future right-of-way of Tamarack Avenue and Elm Avenue shall comply with the Parks and Recreation Department's streetscape theme, The homeowner's association shall be responsible to maintain the landscape treatment up to the edge of all public sidewalks. The developer shall apply and germinate an approved seed mix as part of the erosion control measure on all graded pads left for future consideration and all off-site borrow areas. This treatment shall be performed directly after the rough grading operation is over. All slope landscaping shall provide effective erosion control, comply with the Calavera Hills Flaster Plan on fire protection and be designed to make a visual transition from the native vegetation to a cultivated landscape, Prior to occupancy of any units within this project, the applicant shall install two lighted, concrete tennis courts in the dedicated park site as per previous agreement with the city or other improvements of equal value to the satisfaction of the Director of Parks and Recreation, For purposes of planting and maintenance, the common slope areas shall be classified according to City Council Policy No, 23 as follows: .... -.. - A) The steep slopes in the southern portion of the site shall. he classified as undisturbed native vegetation. B) The 2:l man-made slopes adjacent to the steep slopes shall be classified as supplemented native vegetation, C) The slopes adjacent to Tamarack and Elm shall be classifiec as refined vegetation, I/// //// v// I/// //// I/// I/// I/// ?C RES0 NO. 1983 -8- i <. s 3. 2 3 4 5 6 7 a 9 IC 11 12 12 14 1: It 3-7 It 3-I - 2( 2: 2: 21 21 2! 2t 2' 2I PASSED, APPROVED AND ADOPTED at a regular meeting of the 'laming Commission of the city of Carlsbad, California, held on thc 4th day of July, 1982, by the following vote, to wit: AYES: Chairman Farrow, Commissioners Marcus, Rombotis, NOES : None. ABSENT: Commissioner Friestedt. Schlehuber, Jose and Rawlins. VERNON J. FARROW, JR,, Chairman CARLSBAD PLANNING COMMISSION ... -. - E'C RES0 NO. 1983 -9- re . ..