HomeMy WebLinkAbout1982-09-21; City Council; 7149-1; 64 unit tentative map & planned unit development Fontana MudgeCIlCoF CARLSBAD - AGEND/^ILL
AR# 7149-1
MTG. 9/21/82
DEPT. CA
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. HD.
CITY ATTY\Jr£J)
CITY MGR.1^J>L*
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RECOMMENDED ACTION:
If the Council wishes to approve the Tentative Tract Map (CT 82-5)
and Planned Unit Development (PUD-39), then your recommended action
is to adopt Resolution No.
ITEM EXPLANATION
The City Council, at your meeting of September 7, 1982, directed the
City Attorney to prepare the necessary documents approving a
tentative tract map (CT 82-5) and planned unit development
(PUD-39).
Condition number 39 has been amended to read as follows:
"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. The plants and trees shall be selected
for maximum fire retardant characteristics."
EXHIBITS
Resolution No. 70 /approving CT 82-5/PUD-39,
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RESOLUTION NO.7014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS
TENTATIVE TRACT MAP (CT 82-5) AND PLANNED UNIT
DEVELOPMENT (PUD-39) ON PROPERTY GENERALLY
LOCATED WEST OF NEBLINA DRIVE AND SOUTH OF FUTURE
TAMARACK AVENUE IN THE R-A-10,000 ZONE.
APPLICANT: FONTANA MUDGE
CflSE NO. CT 82-5/PUD-39.
WHEREAS, on August 11, 1982, the Carlsbad Planning
Commission adopted Resolution No. 1998 recommending to the City
Council that Tentative Tract Map (CT 82-5) and Planned Unit
Development (PUD-39) be conditionally approved; and .
WHEREAS, the City Council of the City of Carlsbad, on
September 7, 1982 held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Tract Map (CT 82-5) and Planned Unit Development
(PUD-39); and
WHEREAS, said Tentative Tract Map and Planned Unit
development have undergone previous environmental review and,
the Planning Director has issued a Notice of Prior Environmental
Compliance, dated June 28, 1982;
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
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Resolution No. 1998 constitute the findings of the City Council
in this matter.
VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD. CALIFORNIA 920081
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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 82-5) and Planned
Unit Development (PUD-39) 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. 1998, dated August 11, 1982 marked
Exhibit A, attached hereto and made a part hereof, with the
exception of condition number 39 to read as follows:
"The open space area along Tamarack Avenue shall be
hydrodseeded 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. The plants and trees shall
be selected for maximum fire regardant
characteristics . "
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the 21st
day of September , 1982 by the following vote, to wit:
AYES: Council Members Casler, Lewis, and Anear
NOES: None
ABSENT: Council Members Chick and KulchinC/^^ M. (?LA^
i MARY H. XZASLER, Mayor
ATTEST: " i
(%A±&^ $ • KOZfe^JL*^
ALETHA L. RAUTENKRANZ, City Cletfk
(SEAL)
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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
0 R-A-10,000 ZONE.
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EXHIBIT A
RESOLUTION NO. 7014
PLANNING COMMISSION RESOLUTION NO. 1998
APPLICANT: TELESCOPE POINT
CASE NO.: CT 82-5/PUD-39
rt1 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
WHERE/~\S, 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 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.
B) 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:
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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.4
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.6
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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 thcit 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 Cor
residential development on the General Plan.
PC RESO NO. 1990 -2~
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,
1982r incorporated by reference and on 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 finds
as of the time of such approval that sewer service is available
to serve the 'subdivision.
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.... building permits will not be issued for development of the
subject property unless the City Engineer determines that sewer
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3) This project is approved upon the express condition that
facilities cire 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 fincil 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 arid 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.
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 RCSO NO. 1990 -3-
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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.
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' 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
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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.
thriving condition,, free from weeds, trash, and debri .
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.>
Plnrr i ni1;
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[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 arid 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
prior to approval of the final map or shall construct drainage
or/ systems in conformance with the Master Drainage Plcin and City
''' of Carlsbad Standards as required by the City Engineer.
PC RESO NO. 1990
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19) 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.3
20) All public streets shall be improved by the developer based on
the typical sections shown on the tentative map and in
r conformance with City of Carlsbad Standards prior to occupancy
° of any buildings.
21) 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.
22) 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.
.23) 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.
24) 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.
25) 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,
26) 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. ^
27) 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. 1990 -5-
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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.
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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
19 32) Additional public and/or on-site fire hydrants are required.
33) Submit two (2) copies of a site plan showing locations of
existing and proposed fire hydrants and on-site roads and
drives.
34) An all weather access road shall be maintained throughout
construction.
35) All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located or. the project site.
36) Brush clearance shall be maintained within a minimum distance
of 30 feet to each residence.
PC HKSO NO. 1998 -6-
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" 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 Department4
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39) The open space area along Tamarack Avenue shall be hydroseeded
of the Parks and Recreation Department
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P 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*
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11 by the Homeowners Assocation.
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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
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
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 hydroseed.ing shall consist of a seed
mix selected for its maximum fire-retardant characteristics.
15 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Planning Commission of the City of Carlsbad, California, held on
17 the 11th day of August, 1982, by the following vote, to wit:
AYES: Chairman Farrow; Commissioners Josef Friestedt,
and Rawlins
NOES: None
OT ABSENT: Commissioners Schlehuber and Marcus
ABSTAIN: Commission Rombotis
VERNON J. FARROW, JR., Chairman
CARLSBAD PLANNING COMMISSION
* ATTEST:
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27 MICHAEL J. HOI,'/.MILLER, Secretary
CARLSBAD PLANNING COMMISSION
F?C RESO MO. 1998 -7- , e»
A if-
COPY
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