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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* S> 8o- zo o oo 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, 1 2 3 4 5 6 7 8 9 10 .11 12D I § 13 CC CM < O) •%< 14U. _ " «^T: o>15 | 8 o 16 E 1 17 0 18 19 20 21 22 23 24 25 26 27 28 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 i 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 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 V^^r \n^ 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) 2. _> 1 2 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. G 10 11 12 13 14 15 16 17 19 20 22 23 24 25 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: 07* ////28 //// 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 .8 10 11 12 13 14 18 19 20 22 24 25 26 27 28 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. 10 .... building permits will not be issued for development of the subject property unless the City Engineer determines that sewer 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 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. n ' 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 10 12 13 14 15 18 19 20 21 22 23 2 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; 16 [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 1 10 16 17 19 20 21 22 PA 25 28 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- 10 11 12 13 14 15 16 17 20 21 22 24 25 26 27 20 «*>, 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. 7 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- 1 " 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 _ 39) The open space area along Tamarack Avenue shall be hydroseeded of the Parks and Recreation Department 7 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* 10 11 by the Homeowners Assocation. 12 13 14 18 19 20 22 23 24 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 »t s* 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: 26 27 MICHAEL J. HOI,'/.MILLER, Secretary CARLSBAD PLANNING COMMISSION F?C RESO MO. 1998 -7- , e» A if- COPY /p ft ^ r~ f*An <py (^'*vLt t-i> t,.; t';» 11 « sxo-o ^.:I