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HomeMy WebLinkAbout1982-09-07; City Council; 7149; 65 Unit CT/PUD- Tamarack Ave Fontana/MudgeCARLSBAD — AGENDOiLL MTQ 9/7/82 DEPT. TITLE:64-UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT; WEST OF NEBLINA DRIVE AND SOUTH OF FUTURE TAMARACK AVENUE FONTANA/MUDGE - CT 82-5/PUD-39 DEPT. CITY ATTY^JTO CITY MGI QUJ >O DC CLQ_ Z O 5 O Z3OO RECOMMENDED ACTION: Both the Planning Staff and Planning Commission recommend that this application be APPROVED and that the City Attorney be directed to prepare documents APPROVING CT 82-5/PUD-39, per Planning Commission Resolution No. 1998. ITEM EXPLANATION This item is a 64-unit tentative tract map and planned unit development located as described above. The project site is 26 acres in size and the proposed density is 2.5 du's/acre. This density is within the General Plan range of 0-4 du's/acre designated for this site. The Planning Commission found this project to meet all requirements of the Planned Development Ordinance and, also, found the project to be consistent with the Design Guidelines Manual. During the public hearing, a representative of adjacent property owners to the west expressed opposition to the design of the project. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project has undergone previous environmental review and, therefore, has issued a Notice of Prior Environmental Compliance, dated June 28, 1982. FISCAL IMPACT The applicant will provide all required public improvements to the project. Also, the applicant has agreed to pay a public facilities fee to offset the costs of providing all other public services. EXHIBITS A) P.C. Resolution No. 1998 B) Staff Report dated August 11, 1982, with Attachments 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 PLANNING COMMISSION RESOLUTION NO. 1998 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 64-UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOP- MENT ON PROPERTY GENERALLY LOCATED WEST OF NEBLINA DRIVE AND SOUTH OF FUTURE TAMARACK AVENUE IN THE R-A-1 0,000 ZONE. APPLICANT: TELESCOPE POINT CASE NO.: CT 82-5/PUD-39 _ WHEREAS, a verified application for certain property to wit: A portion of Lot I of Rancho Agua Hedionda according to Map No. 823 filed in 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 11th day of August, 1982, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing ahd 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) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 82-5/PUD-39, based on the following findings and subject to the following conditions: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings; 1) The project is consistent with the city's General Plan since the proposed density of 2.5 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. 2) 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 proposed. 3) The project is consistent with all city public facility pol- icies and ordinances since: a) 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, 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) School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District, and an existing school agreement between the applicant and Carlsbad Unified School District will ensure adequacy of elementary school facilities. c) Park-in-lieu fees are required as a condition of approval. d) All necessary public improvements have been provided or will be required as conditions of approval. e) 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. f) Assurances have been given that adequate sewer for the project will be provided by the city of Carlsbad. 4) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. >C RESO NO. 1998 -2- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o 5) The Planning Director has determined that this project has undergone previous environmental review and, therefore, has issued a Notice of Prior Environmental Compliance, dated June 28, 1982. General Conditions: 1) Approval is granted for CT 82-5/PUD-39, as shown on Exhibit(s) "A", dated July 1, 1982, and "B", "C" and "D", dated July 8, 1982, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) 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. 3) 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. 4) 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 April 14, 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 foir this project shall be void. 5) 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. 6) The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. 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. 8) Water shall be provided by the City of Carlsbad unless some other arrangement is approved by the City Council. PC RESO NO. 1998 8 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 Planning 9) 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 Planning Director prior to the issuance of building permits. 10) 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. 11) The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits. 12) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 13) 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. 14) Approval of this tentative tract map shall expire eighteen 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, the City Council may impose new conditions and may revise existing conditions. Engineering 15) The developer shall obtain a grading permit prior to the com- mencement of any clearing or grading of the site. 16) 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 11.06 of the Carlsbad Municipal Code. 17) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. 18) The developer shall pay the current local drainage area fee j 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. C RESO NO. 1998 -4- 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 19) 20) 21) 22) 23) 24) 25) 26) 27) 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 encumber- ances. 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 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 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. Prior to the approval of the final map, the subdivider shall submit for the approval of the City Engineer a complete hydraulic study for the water system. Should any revisions to the water system be required as a result of this study, they shall be included in the improvement plans' for this subdivision. The waterline at the east end of Street A shall be looped to an existing water main as required by the Water Department. Any off-site easements required as a result of this requirement shall be obtained for the city by the subdivider. The six-inch sewer mains, as shown on the tentative map, are not approved. All sewer mains shall be a minimum eight inch in diameter. The subdivider shall provide additional drainage structures and easements as required by the City Engineer upon submittal of the storm drainage hydrology calculation for the subdivision. PC RESO NO. 1998 -5- 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 28) Prior to the approval of the final map, dedications must be made, improvement plans approved and an improvement agreement and bonds submitted for the following streets: 1 . High Ridge Avenue from Neblina Drive to Tamarack Avenue based upon a right-of-way width of 60 feet and a curb to curb width of 40 feet. 2. Tamarack Avenue from High Ridge Avenue to Skyline Drive based upon a right-of-way width, as shown on the tentative map, for Carlsbad Tract 76-15 (Carlsbad Palisades) and a curb to curb width of 52 feet. 29) Prior to the approval of the final map, the owner shall process an adjustment plat with the city adjusting the north boundary line of the subject property so that it conforms with the subdivision boundary line as shown on the tentative map for this subdivision. 30) Hillside Drive through the project site shall be constructed based upon a right-of-way width of 68 feet and a curb to curb width of 48 feet prior to the occupancy of any units within the subdivision. Plans for this construction and bonds and agreements shall be submitted to the city prior to the approval of the final map. The required improvements shall be limited to within the boundaries of the subdivision and construction shall not be required until prior to the completion of unit no. 2 or such additional extension of time as approved by the City Engineer. 31) Prior to the approval of the final map, the developer shall process a lot line adjustment with the property owner to the west so that the slopes will become the property of the lower property owner and become his responsibility to maintain. Fire Department 32) 33) 34) 35) Additional public and/or on-site fire hydrants are required. Submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and on-site roads and drives. 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. 36) Brush clearance shall be maintained within a minimum distance of 30 feet to each residence. -6-PC RESO NO. 1998 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 37) 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 construction. Parks and Recreation Department 38) Street trees shall be planted at a minimum ratio of one per residence and shall be located subject to the approval of the Planning Director. Species shall be approved by the Director of the Parks and Recreation Department. 39) The open space area along Tamarack Avenue shall be hydroseeded with native drought-tolerant species to be irrigated by a temporary irrigation system. This open space area shall also be planted with one gallon native trees at 1:400 square feet. 40) The open space areas between and behind houses shall be irrigated with temporary (5-year life) irrigation systems as well as hydroseeded with an approved seed mix to be maintained by the Homeowners Assocation. 41) The open space area which is to be left in its natural state shall be hydroseeded and temporarily irrigated where deemed necessary by the Parks Department, Fire Department and Plan- ning Department. Said hydroseeding shall consist of a seed mix selected for its maximum fire-retardant characteristics. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 11th day of August, 1982, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairman Farrow; Commissioners Jose, Friestedt, and Rawlins None Commissioners Schlehuber and Marcus Commission Rombotis VERNON J. FARROW, JR., Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLBR, Secretary CARLSBAD PLANNING COMMISSION PC RESO NO. 1998 -7- APPLICATION SUBMITTAL DATE: April 6,W982 STAFF REPORT DATE: August 11, 1982 TO: Planning Commission FROM: Planning Department SUBJECT: CT 82-5/PUD-39/V-337 - TELESCOPE POINT - Request for approval of a 64-unit tentative tract map and planned unit development, and a setback variance on two of the units on property west of Neblina Drive and south of future Tamarack Avenue in the R-A-10,000 zone. I. PROJECT DESCRIPTION The applicant is requesting two actions. The first is approval of a 64-unit tentative tract map and planned unit development to be built in two phases on property as described above. The second is a front setback variance for two of the units. The proposal involves the development of 64 single-family houses on a 26-acre site in the R-A-10,000 zone. The lot is irregularly shaped, topographically extreme, exists in an essentially natural state, and possesses a panoramic view of Agua Hedionda Lagoon. The proposed single-family homes generally run the length of a ridge bisecting the parcel lengthwise, affording excellent views to the majority of the units. From this ridge, the site slopes down moderately to steeply to the east and to the west. This slope becomes more extreme near the easterly and southerly boundaries of the site. As shown on Exhibit "A", these areas are to remain in natural open space. All of the proposed lots are split-level, the upper level of which corresponds to the street elevation. The majority of the units themselves will be bi-level which affords additional view corridors and helps minimize grading. Proposed lot sizes vary from 4800 square feet to 16,960 square feet. Access to the property is proposed from Neblina Drive to the east, connecting with High Ridge Avenue at the north end of the subdivision. Also, High Ridge Avenue will connect with Tamarack. No lots, however, will take direct access off Tamarack Avenue. Circulation within the project includes a private court and three private drives, which take access off the main north-south street (Street A). Toward the southwesterly boundary, Street A connects with future Skyline Drive. The proposed density for the project would be 2.5 du/ac, clustered on the buildable area of the site. The land use element of the general plan designates this site for residential development at 6-4 du/ac. The project is consistent with this range. II. ANALYSIS - CT AND PUD Planning Issues 1) Does the proposed project satisfy all design criteria and development standards of the P.O. Ordinance? 2) Does the proposed project address the environmental sensitivities of the site? 3) Is the proposed project compatible with surrounding develop- ment? Discussion This application is one of the first to be reviewed subject to the requirements of the new P.O. Ordinance. Although the P.D. Ordinance is not yet in effect, it has been approved by the City Council and will be effective prior to this project being considered by Council. The proposed project both meets the design criteria of the P.D. Ordinance and addresses the environmental sensitivities of the site. Areas of extreme topography and environmental sensitivity are to be left in natural open space. The project has generally been designed to minimize grading (split-level lots), maximize views and preserve open space (nearly 1/2 total area). Except for the two setback reductions (variance requests), the project also meets the development standards of the P.D. Ordinance. Sufficient visitor parking is provided by tandem (driveway) spaces with each unit. Additionally, the width of Street A can accommodate parking on both sides. A well-screened R-V storage lot is to be located adjacent to the common recreation area off High Ridge Avenue. This recreation area will include barbecues, picnic tables and a tot lot in a 13,500 square foot lawn area. Each lot also has its own private back yard. Surrounding development is similar in nature to this proposal. Single-family dwellings presently exist to the north, south and east and likely will eventually be constructed on the vacant lot to the west. Overall, staff believes the plan satisfies the requirements of the general plan and the P.D. Ordinance. III. ANALYSIS - VARIANCE Planning Issues 1) Are there exceptional or extraordinary circumstances applicable to the property that do not apply generally to other property in the vicinity? 2) Is this variance necessary for the preservation of a substantial property right denied the property in question? 3) Will this variance be materially detrimental to the public welfare? 4) Will this variance adversely affect the general plan? -2- IQ Van*' Discussion The applicant is requesting a front setback variance on two of the units in this project. The two units are numbers 22 and 23 as shown on Exhibit "D". The requested reductions apply to the garages which front onto Street A. The request is to reduce the 20 foot setback to 18 feet and 19 feet, respectively. Excep- tional and extraordinary circumstances exist in this case because of the extensive undevelopable features of the site. As was previously mentioned, the site is dominated by moderate to steep slopes (elevations range from 315 feet to approximately 130 feet). As such, a good portion of the development is confined to a long ridge top which is to accomodate a linear street with houses on each side. The varying of setbacks helps create a better designed streetscape with meandering sidewalks and clustered trees, avoiding monotonously straight row houses. The variance is necessary for the preservation and enjoyment of a substantial property right, as nearby planned developments, in most cases, have not been encumbered by extreme topography and could provide substantial setback variation through more curvilinear streets. Street A in this project, along which the two variances are requested, is generally straight because of topographical constraints on each side. The granting of this variance will not be materially detrimental to the public welfare and will not adversely affect the general plan. It will not impact traffic circulation as the request is only for one and two-foot reductions in the requirement, which will continue to leave plenty of visual clearance and will create a more aesthetically pleasing development. Overall, staff can make the findings for support of a variance in this case. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project has under- gone previous environmental review and, therefore, has issued a Notice of Prior Environmental Compliance, dated June 28, 1982. V. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 1998 recommending APPROVAL of CT 82-5/PUD-39 to the City Council, and adopt Resolution No. 1999 APPROVING V-337 based on the findings and subject to the conditions contained therein. ATTACHMENTS 1) PC Resolution Nos. 1998 and 1999 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Documents 6) Exhibits "A", "B", "C" dated July 1, 1982, and Exhibit "D11 dated July 8, 1982 PJKckb -3- CASE MO.QT82-5/PUD-39 A P P L i C A NT FONTANA/tyUDGE VICINITY MAP BACKGROUND DATA SHEET CASE NO: CT 82-5/PUD-39 APPLICANT: Fontana & Mudge REQUEST AND LOCATION: Tentative tract map and planned unit development to construct 64 single-family homes west of Neblina, north of Hillside, and south of Tamarack. LEGAL DESCRIPTION: A portion of Lot 1 of Rancho Agua Hedionda according to Map 823 filed November 16, 1896. APN: 207 - 100 - 09 Acres 26 Proposed No. of Lots/Units 66 GENERAL PLAN AND ZONING Land Use Designation RLM Density Allowed 04 du/ac Density Proposed 2.5 du/ac Existing Zone R-A-10 Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use North P-C Single-Family Res. South R-1-10 Single-Family Res. East R-1-A Single-Family Res. West R-1 (9500) Vacant PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's 64 Public Facilities Fee Agreement, dated April 14, 1981 ENVIRONMENTAL IMPACT ASSESSMENT E.I.R. Certified, dated January 5, 1982 -thaj: further information is required, you will be so advised. APPLICANT : Epntana & Mudge. Builders /Developers, a partnership ___ Name (individual, partnership, joint venture, corporation, syndication) AGENT: MEMBERSs 4343 Morena Boulevard, Suite 6, San Diego, California 92117 Business Address 714-483-4880 Telephone Number Wesley Madge Name .. . 4343 Ifcrena Boulevard, Suite 6, San Diego, California 92117 Business Address - 714-483-4880- • :.' ': - v, '-. -• . • Teleohone Number Wesley Madge, Name -(individual, partner, joint venture, corporation, syndication) - 2238 Del Mar Heights Rd., Del Mar, CA. Home Address 4343 Mbrena Boulevard, Suite 6, San Diego, California 92117 Business Address . . 714-483-4880 714-755-1407- Telephone Number William Ibntana Telephone Number 5323 Bothe Avenue, San Diego, CA -*ane .- . . . . Home Address 4343 Morena Boulevard, Suite 6, San Diego, California 92117 Business Address - 714-483-4880-714-453-7721 Telephone Nuaber Telephone Jiunber Provident Capital Corporation, a California .corporation 9404 Genesee Avenue, Suite 120 la Jolla, California 92037 Telephone: 714-457-3440 (Attach more sheets if necessary) ' " I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and nay be' relied upon as being true and correct until amended. COPY Fontana & Mudge, Builders/Developers Applicant