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HomeMy WebLinkAbout1984-01-17; City Council; 7149-3; Amendment to CT/PUD Westana/Telescope PointcnGoF CARLSBAD - AGEND^BILL AB3 7149-3 MTG 1/1V84 DEPT. CA TITLE' AMENDMENT TO A PREVIOUSLY APPROVED TENTATIVE TRACT MAP & PLANNED UNIT / DEVELOPMENT CT 82— ^ ( A) /PUD— 39 ( A) •WF,<?TANA/TPT,Fc?rOPF POTN DEPT. HD. CITY ATTY $%/'its'ftlTY MGR.-^1^ oa:a_ oz3 Oo RECOMMENDED ACTION: If the City Council concurs your action is to adopt Resolution ITEM EXPLANTION The City Council at your meeting of January 3, 1984 directed the City Attorney to prepare documents approving the amendment to the above referenced Tentative Tract Map and Planned Unit Development. That amendment would add one additional unit and lower the grade elevation of the southerly one half of the project by four feet. The findings of the Planning Commission contained in Resolution No. 2229 shall be the findings of the City Council in this matter and approval is subject to the conditions of said Planning Commission Resolution. EXHIBITS Resolution No. 1 2 3 4 5 6 7 8 9 10 11 12 < ito $ 1 TE3 S 15 CE <r 3 «-S-l8*i! RESOLUTION NO. 7472 '°£ZO fc > ec 5§|£u. • 5 Dt- > ui <z z 8° SS"S * < !3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS AN AMENDMENT TO A PREVIOUSLY APPROVED 64-UNIT TENTATIVE TRACT MAP CT 82-5(A) AND PLANNED UNIT DEVELOPMENT PUD-39(A) TO ADD ONE ADDITIONAL UNIT AND LOWER THE GRADE ELEVATION OF THE SOUTHERLY ONE HALF OF THE PROJECT BY 4 FEET 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, on December 14, 1983 the Carlsbad Planning Commission adopted Resolution No. 2229 recommending to the City Council that an amendment to a previously approved 64 unit Tentative Tract Map CT 82-5(A) and Planned Unit Development (PUD- 8(A)) to add one additional unit and lower the grade elevation of the southerly one half of the project by four feet be approved; and WHEREAS, the City Council of the City of Carlsbad, on January 3, 1984 held a public hearing to consider the recommendations and hear all persons interested in or opposed to amended Tentative Tract Map CT 82-5(A) and Planned Unit Development (PUD-8(A)); and WHEREAS, said Tentative Tract Map and Planned Unit Development have been declared to have a nonsignificant impact on the environment and a Negative Declaration was prepared and filed on November 23, 1983 in compliance with the requirements of the City of Carlsbad Environmental Portection 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. V 1 2 3 4 5 6 7 8 9 10 11 12 Q 00 5 1 "XCO *- i<-> of QC Q o-jfsf 14 Z ° UJ 2 ii5£ 15 LL • _l JHi". i6Q (E N Q M~l 17 £ 55 18 19 20 21 22 23 24 25 26 27 28 ******' v— B. That the findings of the Planning Commission in Resolution No. 2229 constitute the findings of the City Council in this matter. C. That said Tentative Tract Map and Planned Unit Development, 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 (A) and Planned Unit Development PUD-39-(A) is 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. 2229, dated December 14, 1983, marked Exhibit A, attached hereto and made a part hereof. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 17th day of January , 1984 by the following vote, to wit : AYES: Council Manibers Casler, Lewis, Kulchin, Chick and Prescott NOES : None ABSENT: None /> / s*~(_ -/ '/ /I' MARY H.^CASLER, Mayor ATTEST: A /) f? ALETHA L. RAUTENKRANZ, City ClerW C/ 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. 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: 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; 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. 3) 4) 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. PC RESO NO. 2229 -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 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 was approved by the Planning Commission on December 14, 1983. General Conditions; 1) 2) 3) 4) 5) 6) 7) 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 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. 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 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. 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. 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. Water shall be provided by the City of Carlsbad unless some other arrangement is approved by the City Council. ;//// PC RESO NO. 2229 -3- JT 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 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 Planning Manager prior to the issuance of building permits. 9) 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. 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. 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. .4) Approval of this resolution supercedes Planning Commission Resolution No. 1998. Engineering 15) 16) 17) 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 grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. PC RESO NO. 2229 -4- 7 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 18) 19) 20) 21) 22) 23) 24) 25) 26) 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 Engi-neer. 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. 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 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. 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 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. 2229 -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 28 27) 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 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 feet. 28) 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. 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) 33) 34) 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. PC RESO NO. 2229 -6- 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 35) Brush clearance shall be maintained within a minimum distance of_30 feet to each residence. 36) 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 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 of the Parks and Recreation Department. 38) 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. 39) 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 Association. 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. PC RESO NO. 2229 -7- ">* 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 ..-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- // 'LOCATION MAP TELESCOPE POINT