Loading...
HomeMy WebLinkAbout1984-07-17; City Council; Resolution 76741 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7674 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS A 377 UNIT TENTATIVE MAP CT 84-14 AND PLANNED UNIT DEVELOPMENT PUD-69 ON 120.7 ACRES OF PROPERTY GENERALLY LOCATED EAST OF SIERRA MORENA AND NORTH OF TAMARACK AVENUE. APPLICANT: TAMARACK POINTE CASE NO.: CT 84-14/PUD-69 WHEREAS, on June 13, 1984, the Carlsbad Planning Commission adopted Resolution No. 2307 approving tentative tract map and planned unit development CT 84-14/PUD-69; and WHEREAS, the City Council on July 3, 1984 held a public hearing to consider the recommendations and heard all persons interested in or opposed to tentative tract map CT 84-14 and planned unit development PUD-69; and WHEREAS, said tentative tract map and planned unit development project has been declared to have a nonsignificant impact on the environment and a Negative Declaration, dated June 1, 1984 was prepared, filed and approved by the Planning Commission on June 13, 1984 in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1980 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. 2307 constitute the findings of the City Council in this matter. C. That tentative tract map CT 84-14 and planned unit development PUD-69, together with the provisions for their 1 2 3 4 5 E 7 € 5 11 21 2 2 2 2 2 2 2 2 design and improvement and subject to the conditions of this resolution, are consistent with all applicable general and specific plans of the City of Carlsbad. D. That subdivision CT 84-14 and planned unit development PUD-69 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. 2307, dated June 13, 1984, marked Exhibit A, attached hereto and made a part hereof, with the exception of th following revisions and the addition of Conditions no. 55 and 56 as recommended by staff: "25. A six foot high decorative solid masonry wall or 4 pounds/square foot wood fence equivalent shall be constructed along the southerly property boundary at the top of the bluff from the project's westerly boundary to Pontiac Avenue. The design of this wall or wood fence shall be approved by the Land Use Planning Manager prior to the issuance of any building permits. The Land Use Planning Manager may approve an alternative to this requirement if it can be demonstrated that such alternative will satisfactorily mitigate noise impacts from Tamarack Avenue." "38 .b. Tamarack Avenue to secondary collector street standards along the frontage of this project." "55. Developer will landscape the off-site "triangle" area immediately adjacent to the subdivision and generally located between Tamarack Avenue and Sierra Morena Avenue to the satisfaction of the Parks and Recreation Director. The level of landscaping, including irrigation, shall be similar to that already installed by the City on a portion of the area." "56. Developer shall be responsible for making arrangements satisfactory to the City Council for the maintenance of the area described in Condition no. 55 prior to approval of the final map." /// /// /// 3 PASSED, APPROVED AND ADOPTED at a regular meeting ( the City Council of the City of Carlsbad, California on the day of July , 1984, by the following vote, to wit: AYES: NOES: None Council Pkrkers Casler, Lewis, Kulchin and Prescott ABSENT: Council Mwnber Chick I- - MARY H. FSLER, Mayor ATTEST: 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. 2307 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 377 UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED EAST OF SIERRA MORENA AND NORTH OF TAMARACK AVENUE . APPLICANT: TAMARACK POINTE CASE NO: CT 84-14/PUD-69 WHEREAS, a verified application for certain property, to wit: A portion of Lots E & I of Rancho Agua Hedionda according to 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 13th day of June, 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 Planned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. €3) That based on the evidence presented at the public hearing, the Commission hereby recommends APPROVAL of- CT 84-14/PUD-69, based on the following findings and subject to the following conditions: //// //// 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 Findings: The project is consistent with the City's general plan since the proposed density of 3.12 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 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 June 4, 1984, 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 consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual. RES0 NO, 2307 -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 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 issued by the Land Use Planning Manager on June 1, 1984 and approved by the Planning Commission on June 13, 1984. The project has been approved allowing a transfer of density to the townhouse development. As such, the Planning Commission has approved this project on the basis of a comprehensive development plan and any modification to this approval would have to take into account the entire development plan. Conditions: Approval is granted for CT 84-14/PUD-69, as shown on Exhibits "A" - RI", dated May 15, 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. CT 81-48/PUD-36 shall become null and void upon approval of this project. 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 March 20, 1984, 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. RES0 NO. 2307 -3- 7 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7) 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. 3) 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. Land Use Plannina Conditions: 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. 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. All slopes shall be maintained by the homeowner's association or an acceptable alternative approved by the Land Use Planning Manager, this shall be clearly stated in the CC&R's. 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 building permits. Said plan shall include substantial planting around the R.V. storage lot to screen this lot from surrounding development and from Tamarack 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, All parking lot trees shall be a minimum of 15 gallons in size. 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 . All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded 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 . Y 'X RES0 NO, 2307 -4- 1 2 3 4 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The applicant shall submit a street name list consistent with the City's street name policy subject to the Land Use Plannin Manager Is 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 Land Use Planning Manager and North County Transit District. All assigned resident parking spaces in the townhouse portion of the project shall be clearly marked to the satisfaction of the Land Use Planning Manager. Prior to the issuance of a building permit, the applicant shall provide a detailed fencing plan subject to the approval of the Land Use Planning Manager. Prior to the issuance of any building permit, within the townhouse portion of the project, the applicant shall provide detailed plans of the passive recreation areas within this portion subject to the approval of the Land Use Planning Manager. All resident parking spaces located immediately adjacent to tandem parking garages shall be constructed with grass-Crete or another decorative material subject to the approval of the Land Use Planning Manager. The city is defending two lawsuits which seek to collect damages and reimbursement for the cost of constructing Tamarack Avenue from El Camino Real to the boundaries of the Lake Calavera Hills master plan area (MP-l50(A)) as such boundaries existed prior to the amendment made by Master Plan Amendment, 150(D) . The city believes these cases are without merit and that no damages or reimbursements are owed. However, if reimbursement or damages are ordered, awarded or established, this applicant as the owner of property benefitted by the road, prior to obtaining a final map for the subject property, shall execute an agreement with the City whereby the applicant covenants to pay its proportionate share of any reimbursement or damages, ordered, awarded, or established as a result of these or other similar lawsuits. A six foot high decorative solid masonry wall or 4 pounds/square foot wood fence equivalent shall be constructed along the southerly property boundary adjacent to the Tamarac Avenue right-of-way from the project's westerly boundary to Pontiac Avenue. The design of this wall or wood fence shall be approved by the Land Use Planning Manager prior to the issuance of any building permits. The Land Use Planning Manager may approve an alternative to this requirement if it can be demonstrated that such alternative will satisfactorily mitigate noise impacts from Tamarack Avenue. 9 1 PC RES0 NO. 2307 -5- 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 2% Engineering Conditions : 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 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 .O6 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 con- tour map which represents both the pre and post sike 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. All slopes within this project shall be no steeper than shown in Table No. 1 on Page 14 of the soils report prepared by Shepardson Engineering Associated, Inc., dated February 22, 1984. Construction, design and testing procedures for grading shall be performed in conformance with City ordinance and standards or with the recommendation of said soils report whichever is the more restrictive. The developer shall exercise special care during the construction phase of this project to prevent any off-site siltation. The developer shall provide erosion control measures and shall construct 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 maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. PC RES0 NO. 2307 -6- Io 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 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 pay the current local drainage area fee prior to approval of the final map or shall construct drain- age systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer. 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. 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. Direct access rights for all lots abutting Pontiac Drive and Tamarack Avenue shall be waived on the final map. The access rights for double fronting lots shall be waived along Streets "F", "G", "H", "J", "K", "L", "MA, and "N" along their uphill frontages. 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. Any improvement completed by any other developer 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: 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 ?C All improvements shown on the tentative map except as specifically mentioned herein, Tamarack Avenue to full Collector Street standards along the frontage of this project. A storm drain system in lot "B" such that overland and/or unenclosed flow of stormwater is limited to a maximum distance of 1000 feet. Pontiac Drive shall be constructed to 60 feet wide collector street standards within this project. All of Pontiac Drive within this project shall be designated "No Parking" and shall be appropriately painted and signed. Terrace drains on Lot 143, Street Trees, Street Lights Streets "F", "G", "H", "J", "K", "L" I "MI' , and "N" are designated as "single loaded streets" . Single loaded streets shall be designated "No Parking" on their downhill side and shall be appropriately painted and signed . Private streets "A", "B", "C" and "D" shall be constructed as shown on the tentative map except that sidewalks shall be five feet wide and shall be installed on both sides of any street that has townhouses on both sides, Private streets shall be constructed to the hori zontaf and vertical alignment standards for streets as shown in Table A of the City of Carlsbad Street Design Criteria . The road noted as "temporary access" shall be gated at each end. The gates shall be equipped with "Nox" locks. 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. The developer shall also install landscaping and irrigation on the south side 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. Wheelchair Ramps Sanitary sewers on-site Sanitary sewers off-site subject to a reimbursement agreement satisfactory to the City Engineer . NO. 2307 -8- 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 Secondary access satisfactory to the City Engineer shall be provided to all phases of this project in conformance with the engineering department cul-de-sac policy. Where phase lines bisect streets, the full improvements of said streets shall be constructed as a part of the first phase being developed that abuts said streets. Fill slopes and retaining walls shall be pulled back from any streets so as to provide sight distances as required by City standards. The developer shall clean, repair and renovate the existing concrete drainage channel to the satisfaction of the City Engineer prior to construction of any fencing along it. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project . The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map. All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This respon- sibility shall be clearly stated in the CCbR's. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code . The developer shall provide the City with a reproducible mylar copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to improvement plan submittal . 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. PC RES0 NO. 2307 -9- 13 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ?ire Conditions: 19) 50) 51) 52) j3) 54) Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshal. 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 Marshal . An all weather access road shall be maintained throughout construct ion . All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Proposed security gate systems shall be provided with AKnox" key operated override switch, as specified by the Fire De- partment. Fire retardant roofs shall be required on all structures. PASSED, APPROVED AND ADOPTED at a regular meeting of the ?lanning Commission of the City of Carlsbad, California, held on :he 13th day of June, 1984, by the following vote, to wit: AYES: Vice-chairman Rawlins, Commissioners Schlehuber, Marcus and Smith. NOES : Commissioner Farrow . ABSENT: Chairman Rombotis. ABSTAIN: None. WILLIS RAWLINS', Vice-chairman CARLSBAD PLANNING COMMISSION ITTEST: >AND USE PLANNING MANAGER ?C RES0 NO. 2307 -1 0-