HomeMy WebLinkAbout1984-01-03; City Council; 7149-2; Amendment to CT/PUD Westana/Telescope PointCARLSBAD - AGEN^JILL
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T1TUE; AMENDMENT TO A 64 UNIT TENTATIVE TRACT
MAP AND PLANNED UNIT DEVELOPMENT.
CT 82-5(A)/PUD-39(A) WESTANA/TELESCOPE POINT
DEPT. HD. J^t
CITY ATTY\3P£>
CITY MGR. <?<£-
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(A)/PUD-39(A), per Planning Commission Resolution No. 2229.
ITEM EXPLANATION
This item is an amendment to a 64 unit tentative tract map and planned unit
development. The property is located west of Neblina Drive and south of
Tamarack Avenue.
The amendment is to add one additional unit and lower the grade elevation of the
southerly one half of the project by 4 feet. By lowering the grade elevation, a
stub street connection to the property immediately west of the subject site
would be provided. No other changes are being proposed for the project.
The Planning Commission found that the amended project was substantially the
same as the previously approved project. All findings of the planned
development and subdivision ordinance were made in approving this amendment.
Through staff review and Planning Commission hearing, all issues on this matter
have been satisfactorily resolved.
ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project will not cause
any significant environmental impacts and, therefore, has issued a Negative
Declaration, dated November 23, 1983, which was approved by the Planning
Commission on December 14, 1983. A copy of the environmental documents is on
file in the Land Use Planning Office.
FISCAL IMPACTS
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
Q_
^ 1. Location Map
2. PC Resolution No. 2229
3. Staff Report, dated December 14, 1983 w/attachments
O
OO
LOCATION MAP
PROJECT
TELESCOPE POINT CT 82-5(A)/PUD-39(A}
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PLANNING COMMISSION RESOLUTION NO. 2229
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO A PREVIOUSLY APPROVED 64-UNIT TENTATIVE TRACT
MAP AND PLANNED UNIT DEVELOPMENT TO ALLOW A TOTAL OF 65
LOTS ON PROPERTY GENERALLY LOCATED WEST OF NEBLINA DRIVE
AND SOUTH OF FUTURE TAMARACK AVENUE IN THE R-A-10,000
ZONE.
APPLICANT: WESTANA/TELESCOPE POINT
CASE NO; CT 82-5(A)/PUD-39(A)
WHEREAS, a verified application for certain property, to
wit:
A portion of Lot 1 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 14th day of
December, 1983, 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;
and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on evidence presented at the public hearing, the
Commission recommends APPROVAL of CT 82-5(A)/PUD-39(A), based
on the following findings and subject to the following
conditions:
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Findings;
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3)
4)
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.
The site is physically suitable for the type and density of
the development.
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, 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.
b) The Carlsbad School District has written a letter, stating
that school facilities will be available to this project.
c) Park-in-lieu fees are required as a condition of ap-
proval .
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.
The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for
residential development on the general plan.
Illl
PC RESO NO. 2229 -2-
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was approved by the Planning Commission on December 14, 1983.
3 General Conditions:
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otherwise noted in these conditions.
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2) This project is approved upon the express condition that the
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5) The Land Use Planning Manager has determined that this project
will have no impact on the environment and, therefore, has
issued a Negative Declaration, dated November 23, 1983 which
1) Approval is granted for CT 82-5(A)/PUD-39(A), as shown on
Exhibit "A", dated December 14, 1983, incorporated by
reference and on file in the Land Use Planning Office.
Development shall occur substantially as shown unless
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 October
21, 1983, 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.
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) 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.
7) Water shall be provided by the City of Carlsbad unless some
other arrangement is approved by the City Council.
PC RESO NO. 2229 -3-
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3 Planning Manager prior to the issuance of building permits.
4 9) The applicant shall establish a homeowner s association and
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Planning
8) 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
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.
10) 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.
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11) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
12) The applicant shall submit a street name list consistent with
the City's street name policy subject to the Land Use Planning
Manager's approval prior to final map approval.
13) 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.
14) Approval of this resolution supercedes Planning Commission
Resolution No. 1998.
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Engineering
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15) The developer shall obtain a grading permit prior to the
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21 16) The grading for this project is defined as "controlled
grading" by Section 11. 06. 170 (a) of the Carlsbad Municipal
22 Code. The developer shall submit a grading plan for approval
which shall include all required drainage structures and any
23 required erosion control measures. The developer shall also
submit soils, geologic or compaction reports if required and
24 shall comply with all provisions of Chapter 11.06 of the
Carlsbad Municipal Code.
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17) No grading shall occur outside the limits of the subdivision
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the affected properties.
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"PC RESO NO. 2229 -4-
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City of Carlsbad Standards as required by the City Engi-neer.
3 19) Land for all public streets and easements shown on the ten-
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18) 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
tative map shall be dedicated on the final map and shall be
granted to city free and clear of all liens and encum-
brances.
20) 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.
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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
homeowner's association (if on commonly owned property) or the
individual property owner (if on an individually owned lot).
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
19 | hydraulic study for the water system. Should any revisions
to the water system be required as a result of this study,
20 | they shall be included in the improvement plans for this
subdivision.
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25) The waterline at the east end of Street A shall be looped to
22 an existing water main as required by the Water Department.
Any off-site easements required as a result of this
23 requirement shall be obtained for the city by the subdivider.
24 26) The subdivider shall provide additional drainage structures
and easements as required by the City Engineer upon submittal
25 of the storm drainage hydrology calculation for the
subdivision.
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PC RESO NO. 2229 -5-
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feet.
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28) Prior to the approval of the final map, the owner shall
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27) Prior to the approval of the final map, dedications must be
ma.de, improvement plans approved and an improvement agreement
and bonds submitted for the following streets:
1. High Ridge Avenue within the property boundary lines
based upon a right-of-way width of 60 feet and a curb to
curb width of 40 feet.
2. Street "A" from High Ridge Avenue to the future connection
to Skyline Drive based upon a right-of-way width, as shown
on the tentative map, and a curb to curb width of 41
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.
29) 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.
30) Prior to approval of the grading plans for this site, the
developer shall design an three foot bench across the slope
adjacent to lots 61 through 65. This bench system may drain
into the storm drain adjacent to lot 61 through an approved
inlet.
Fire Department
31) Additional public and/or on-site fire hydrants are required.
32) Submit two (2) copies of a site plan showing locations of
existing and proposed fire hydrants and on-site roads and
drives.
33) An all weather access road shall be maintained throughout
construction.
34) All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site.
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PC RESO NO. 2229 -6-
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of_30 feet to each residence.
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36) All fire alarm systems, fire hydrants, extinguishing systems,
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of the Parks and Recreation Department.
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38) The open space area along Tamarack Avenue shall be hydroseeded
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35) Brush clearance shall be maintained within a minimum distance
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
37) 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
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.
39) The open space areas between and behind houses shall be
irrigated with temporary (5-year life) irrigation systems as
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by the Homeowners Association.
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40) 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
Planning Department. Said hydroseeding shall consist of a
seed mix selected for its maximum fire-retardant
characteristics.16
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PC RESO NO. 2229 -7-
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_-PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 14th day of December, 1983, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Marcus,
Rombotis, Lyttleton, Rawlins and Farrow.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
PC RESO NO. 2229 -8-
JON SUBMITTAL DATE
1933
STAFF REPORT
DATE: December 14, 1983
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: CT 82-5(A)/PUD-39(A) - WESTANA/TELESCOPE POINT -
Request for an amendment to a previously approved 64
unit tentative tract map and planned unit development
located west of Neblina Drive and south of future
Tamarack Avenue.
I. RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution
No. 2229 recommending APPROVAL of CT 82-5(A)/PUD-39(A) to the
City Council, based on the findings and subject to the
conditions contained therein.
II. PROJECT DESCRIPTION
The applicant is requesting an amendment to a previously approved
64 unit tentative tract map and planned unit development located
as described above. This project was approved by the Planning
Commission on August 11, 1982. The applicant is now proposing to
add an additional lot and a grading revision to lower the
elevation of the southerly one-half of the project approximately
four feet. The site design, except for the additional lot,
remains the same as that approved by the Planning Commission.
Ill ANALYSIS
Planning Issue
1) Is the revised project essentially in conformance with the
previously approved tentative tract map and planned unit
development?
Discussion
The applicant is proposing to add an additional lot at the end
of Driveways B and C which would not significantly raise the
approved density of 2.5 du/ac. The land use element of the
general plan designates this site for residential development at
0-4 du/ac. The additional lot will maintain a density
consistent with this range.
The applicant is also requesting a grading revision which will
remove 143,000 cubic yards of dirt and will result in lowering
the elevation of the entire project approximately four feet.
Apparently, the original engineering plans were incorrectly
computed and resulted in the east end of Street A terminating at
a point eight feet higher than the surrounding land. This
revision will permit road construction consistent with existing
terrain.
By creating slightly larger buildable pads, the grading change
will also eliminate the need for the two frontyard setback
variances.
Overall, the proposed revisions will create no significant
changes in the nature of the approved project. Staff believes
the plan is still consistent with the requirements of the
general plan and the planned development ordinance.
IV. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project
will have no significant environmental impact and issued a
Negative Declaration on November 23, 1983.
Attachments
1. Planning Commission Resolution No. 2229
2. Location Map
3. Background Data Sheet
4. Environmental Documents
5. Disclosure Form
6. Exhibit "A", dated December 14, 1983
AML:ad
11/30/83
-2-
BACKGROUND DATA SHEET
&
CASE NO: CT 83-5(A)/PUI>-39(A)
APPLICANT: WESTANA/TET.F.SCOPE POINT
REQUEST AND LOCATION: Tentative tract map and planned unit development to
construct 65 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
filed November 16, 1896. APN; 207-100-09
Acres 26 Proposed No. of Lots/Units 65
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
Site R-A-10 RLM
North P-C RLM
South R-l-10 RLM
East R-l-A RLM
West R-l (9500) Vacant
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's 65
Public Facilities Fee Agreement, dated October 21, 1983
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued November 15, 1983
X E.I.R. Certified, dated January 5, 1982
Other,
isi j.m.w_
that further information is re^^red, you will be so advised.' I*7 .. CiF&M AND ASSOCIATtffTA JOINT VENTURE BETWEEN ^"^
APPLICANT: WESTANA BUILDERS AND PROVIDENT CAPITAL CORPORATION _ ______
Name -(individual, partnership, joint venture, corporation, syndication)
U2U1 JUTLAND 'DRIVE. SUITE 215 SAN DIEGO, CALIFORNIA- 92117 _
Business Address •
(619) U83-U880 ' • • "..
Telephone Number
AGENT: COOPER AND ASSOCIATES
Name •
Igll MORENA BLVD SAN DIEGO, CALIFORNIA 92110
Business Address
•(619) '275 -1022
Telephone Nutsber • ... •
WESLEY MUDGE . • ' ' 2238 DEL MAR HEIGHTS RD. , DEL MAR, CA.
Name -(individual, _ partner, joint Home Address
venture, corporation, syndication)
U2U1 JUTLAND DRIVE, SUITE 213, SAN DIEGO, CALIFORNIA 9211? «
Business Address
(619) U83-U880 _ ' __ ^10^ 755-1U07
Telephone Nuaber Telephone Muraber
WILLIAM FONTANA _ \ _ _ 5323 BOTHE AVE. , SAN DIEGO. CA.
' ... Home Address
U2U1 JUTLAND DRIVE SAN DIEGO, CALIFORNIA 92117
Business Address
(619) U8U-U880 • (619) U53-7721'.
Telephone Nx^aber • Telephone Suraber
FRO'IDENT CAPITAL CORPORATION, A CALIFORNIA CORPORATION
GENESSE A^^ENUE. SUITE 120
LA JOLLA, CALIFORNIA 92037 Telephone; (619)
(Attach more sheets if necessary)
I/V?e declare ur.der penalty of perjury that the inforr.ation contained in this dis-
closure is true and correct and that it will remain true and correct and nay be'
relied upon as baing true and correct until amended.
WESTANA GUILDERS /DEVELOPERS
Apolicant
Jit JPL 'JPL.1LJ By: Ml^e Corporatic«nCOPY