HomeMy WebLinkAbout1985-02-05; City Council; 8022-1; PREANNEXATIONAL ZONE CHANGE AND A 248 LOT TENTATIVE TRACT MAP LOCATED SOUTH OF THE SOUTHERLY TERMINUS OF PONTIAC DRIVE (ZC 318/CT 84-35 - FALCON HILLS)*
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ClTWF CARLSBAD - AGENDkQlLL
AB## 8022-#1 TITLE! PREANNEXATIONAL ZONE CHANGE AND A DEP
DEPT. CA ZC-318/CT 84-35 - FALCON HILLS CIT'
MTG. 2/5/85 248 LOT TENTATIVE TRACT WAP LOCATED SOUTH CIT,
OF THE SOUTHERLY TERMINUS OF PONTIAC DRIVE.
RECOMMENDED ACTION:
If the City Council wishes to approve ZC-318/CT 84-35 yoi action is to adopt Ordinance No. 9749 and adopt Resolutioi 770q
ITEM EXPLANATION
The City Council at your meeting of January 15, 1985 direc the City Attorney to prepare the necessary documents to a]
ZC-318/CT 84-35 for a 248 lot tentative tract map - Falco
Hills. The documents are attached.
The resolution approving the project incorporates all of
conditions of approval originally recommended by staff at
addition of Condition 54 to read as follows:
initial Planning Commission hearing on the project with t
"54. All trees on the sight shall be retained. If City Engineer determines it is necessary to remove a trees in order 'to develop the property in accordance
this resolution or if any trees are otherwise remove
developer shall replace them on a one to one basis w
trees of equal :size."
EXHIBITS
ordinance No. 9749 Resolution No. 7 qo Lf
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RESOLUTION NO. 7904
A RESOLUTION OF THE CITY COUNCIL OF THE CITY (
CARLSBAD, CALIFORNIA APPROVING WITH CONDITION!
248 LOT TENTATIVE MAP CT 84-35 ON 85.5 ACRES I
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE (
THE SOUTHERLY TERMINUS OF PONTIAC DRIVE.
APPLICANT: FALCON HILLS
CASE NO.: CT 84-35
WHEREAS, on December 12, 1984, the Carlsbad Pla
Commission adopted Resolution No. 2395 approving tentati
map CT 84-35; and
WHEREAS, the City Council on January 15, 1985 h
public hearing to consider the recommendations and heard
persons interested in or opposed to tentative tract map
and
WHEREAS, said Tentative Tract Map has been decl
have a nonsignificant impact on the environment and a NE
Declaration dated November 19, 1984 was prepared, approt
filed by the Planning Commission on December 12, 1984 iI
compliance with the requirements of the City of Carlsbac
Environmental Protection Ordinance of 1980 and the Cali!
I Environmental Quality Act;; and,
NOW, THEREFORE, BE IT RESOLVED by the City Cou.
the City of Carlsbad, California as follows:
A. That the above recitations are true and co
B. That the findings of the Planning Commissi
Resolution No. 2395 constitute the findings of the City
in this matter.
C. That tentative tract map CT 84-35 together
provisions for its design and improvement and subject t
conditions of this resolution, are consistent with all
general and specific plans of the City of Carlsbad.
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D. That subdivision CT 84-35 is hereby approvec
to all applicable requirements of the Carlsbad Municipal
to the satisfaction of the conditions contained in Plann:
Commission Resolution No. 2395 dated December 12, 1984 m(
Exhibit A attached hereto and made a part hereof with thc
addition of condition 54 to read as follows:
"54. All trees on the sight shall be retained. City Engineer determines it is necessary to remove any t
order to develop the property in accordance with this re or if any trees are otherwise removed the developer shal them on a one to one basis with trees of equal size."
PASSED, APPROVED, AND ADOPTED at a regular meet 1
the City Council of the City of Carlsbad, California on
5th day of February I 1985 by the following vote, t
Council lknhrs Casler, Lewis, Kulchin and Chick AYES:
NOES: Nore
ABSENT: None
ABSTAIN: Council PBnkr Pettine
YL4- dP&L
MARY H. FSLER, Mayor I 1 ATTEST:
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iLQ&L 64. QL ALETHA L. RAUTENKRANZ, City Clerk
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PLANNING COMMISSION RESOLUTION NO. 2395
A RESOLUTION OF THE PLANNING COMMISSION OF THE C
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATE
SOUTH SIDE OF THE SOUTHERLY TERMINUS OF PONTIAC
CASE NO.: CT 84-35
APPLICANT: FALCON HILLS
WHEREAS, a verified application for certain pro1
wit:
That portion of Lot J of Rancho Agua Hedionda a
Map No. 823 filed November 16, 1896,
has been filed with the City of Carlsbad, and referred t
Planning Commission; and
WHEREAS, said verified application constitutes
as provided by Title 21 of the Carlsbad Municipal Code;
WHEREAS, the Planning Commission did, on the 1;
December, 1984, hold a duly noticed public hearing as pi
law to consider said request; and
WHEREAS, at said public hearing, upon hearing
considering all testimony and arguments, if any, of all
desiring to be heard, said Commission considered all fa
relating to the Tentative Tract Map.
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Commission as follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public
the Commission recommends APPROVAL of CT 84-35, bl following findings and subject to the following cc
' Findings:
1) The project is consistent with the City's general
the proposed density of 2.9 du's/acre is within t range of 0-4 du's/acre specified for the site as the land use element of the general plan. As a E single family subdivision, the project helps fulf
the goals of the General Plan which is to provide
housing types in the City.
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2) The site is physically suitable for the type and den development since the site is adequate in size and s accommodate residential development at the density p
3) The project is consistent with all City public facil icies and ordinances since:
a) The Planning Commission has, by inclusion of an
condition to this project, insured that the fini
not be approved unless the City Council finds tl service is available to serve the project. In i
the Planning Commission has added a condition ti shall be placed on the final map that building
not be issued for the project unless the City E determines that sewer service is available, and cannot occur within the project unless sewer se remains available, and the Planning Commission
that the requirements of the public facilities the general plan have been met insofar as they
Sewer service for this project.
b) The Carlsbad School District has written a lett
September 13 and November 1, 1984, stating that
facilities will be available to this project.
c) Park-in-lieu fees are required as a condition c
d) All necessary public improvements have been prc
will be required as conditions of approval.
e) The applicant has agreed and is required by thc
of an appropriate condition to pay a public fa( Performance of that contract and payment of tl enable this body to"find that public facilitie available concurrent with need as required by
II plan.
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residential development on the qeneral plan.
This project will not cause any significant envirc impacts and a Negative Declaration has been issued
Use Planning Manager on November 19, 1984 and appr
Planning Commission on December 12, 1984.
5)
Conditions: 25
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1) Approval is granted for CT 84-35, as shown on Exh
dated November 5, 1984, incorporated by reference
in the Land Use Planning Office. Development sha
substantially as shown unless otherwise noted in conditions. I 1 PC RES0 NO. 2395 -2-
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2) This project is approved upon the express condition t
final map shall not be approved unless the City Counc as of the time of such approval that sewer service is to serve the subdivision.
3) This project is approved upon the express condition building permits will not be issued for development ( subject property unless the City Engineer determines facilities are available at the time of application sewer permits and will continue to be available unti
occupancy. This note shall be placed on the final P
4) This project is approved upon the express condition
applicant shall pay a public facilities fee as requi Council Policy No. 17, dated April 2, 1982, on file
to the agreement executed by the applicant for payme
fee, a copy of that agreement, dated December 13, 1F July 24, 1984, is on file with the City Clerk and ir herein by reference. If said fee is not paid as prc application will not be consistent with the General approval for this project shall be void.
5) The applicant shall pay park-in-lieu fees to the Cii the approval of the final map as required by Chaptel the Carlsbad Municipal Code.
6) Approval of this request shall not excuse complianc sections of the Zoning Ordinance and all other appl ordinances in effect at time of building permit iss
7) Water shall be provided to this project pursuant to Service Agreement between the City of Carlsbad and Real Water District, dated May 25, 1983.
The applicant shall establish a homeowner's associz corresponding covenants, conditions and restrictior
CC&R's shall be submitted to and approved by the La Planning Manager prior to final map approval. Thes shall be accompanied by a detailed map showing the are to be maintained by the homeowner's associatioi maintenance district to care for these slopes may I
substituted for a homeowner's association.
9) The applicant shall prepare a detailed landscape ai
plan which shall be submitted to and approved by tl Planning Manager prior to the issuance of building
10) A 500' scale map of the subdivision shall be submi Land Use Planning Manager prior to the recordation
map. Said map shall show all lots and streets wit
City Clerk and incorporated herein by reference, and
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adjacent to the project.
//// PC RES0 NO. 2395 -3-
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11) All landscaped areas shall be maintained in a healthy
thriving condition, free from weeds, trash, and debr'
12) Any signs proposed for this development shall be des
conformance with the City's Sign Ordinance and shall review and approval of the Land Use Planning Manager installation of such signs.
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13) All roof appurtenances, including air conditioners,
architecturally integrated and concealed from view a sound buffered from adjacent properties and streets,
the Land Use Planning Manager and Building and Planr Director.
to Building Department Policy Noa 80-6, to the satis
14) The applicant shall submit a street name list consi: the City's street name policy subject to the Land Us
Manager's approval prior to final map approval.
15) The developer shall provide a minimum of 25% of the
adequate sideyard area for Recreation Vehicle stora
to City Standards. The C.C.&R.'s shall prohibit th recreational vehicles in the required front yard se
16) The developer shall display a current Zoning and La
in the sales office at all times, and/or suitable a
to the satisfaction of the Land Use Planning Manage
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17) All sales maps that are distributed or made availal:
public shall include but not be limited to trails, existing schools, parks, and streets.
18) Building identification and/or addresses shall be 1
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20 19) All development shall comply with the standards of zone.
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20) Prior to issuance of a grading permit the applican submit a detailed plan showing how the trees on lo will be preserved.
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21) During construction activity, a barrier shall be F
Pontiac Drive along the northerly property boundar
project to prevent construction traffic from drivj
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been completed. I Engineerinq Conditions:
22) The developer shall obtain a grading permit prior 1 commencement of any clearing or grading of the si.
PC RES0 NO. 2395 -4-
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23) The grading for this project is defined as "controll by Section 11.06.170(a) of the Carlsbad Municipal Co Grading shall be performed under the observation of
engineer whose responsibility it shall be to coordin
inspection and testing to insure compliance of the h
the approved grading plan, submit required reports t
Engineer and verify compliance with Chapter 11.06 of Carlsbad Municipal Codee
24) Upon completion of grading, the developer shall ins[ "as-graded'' geologic plan shall be submitted to the Engineer. The plan shall clearly show all the geolc
exposed by the grading operation, all geologic corrc measures as actually constructed and must be based I map which represents both the pre and post site grac
plan shall be signed by both the soils engineer and
engineering geologist. The plan shall be prepared 1
or similar drafting film anci shall become a permanei
25) No grading shall occur outside the limits of the su'
unless a letter of permission is obtained from the
the affected properties.
26) A separate grading plan shall be submitted and appr
separate grading permit issued for the borrow or di
if located within the city limits.
27) All slopes within this project shall be no steeper
28) The developer shall place the following notes on tl map :
"Geotechnical Caution:
1) The possible existence of ancient landslides wj boundaries of this subdivision has been noted :
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& Geologic Investigation for this subdivision.
2) Mitigation measures to alleviate the hazards a
with the possible landslides and/of mudflows h required as a condition of approval for the te
for this subdivision.
3) The owner of t.his property on behalf of itself its successors in interest has agreed to hold indemnify the City of Carlsbad from any action
arise through any geological failure and subse that may occur on, or adjacent to, this subdih its construction, operation or maintenance."
,291 The developer shall execute a hold harmless agreerr
indemnify the City regarding any damage and/or cla arise through any geological failure and subsequer
may occur on, or adjacent to, this subdivision due constrliction operation or maintenance. I '//I/ -5- /PC RES0 NO. 2395
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30) Prior to hauling dirt or construction materials to a construction site within this project the developer submit to and receive approval from the City Enginee
proposed haul route. The developer shall comply wit
conditions and requirements the City Engineer may im regards to the hauling operation.
31) The developer shall exercise special care during the construction phase of this project to prevent any oi
siltation. The developer shall provide erosion coni measures and shall construct temporary desiltation/c basins of type, size and location as approved by thc Engineer. The basins and erosion control measures :
shown and specified on the grading plan and shall bc constructed to the satisfaction of the City Enginee
the start of any other grading operations. Prior t
ramoval of any basins or facilities so constructed served shall be protected by additional drainage fa slope erosion control measures and other methods re
approved by the City Engineer. The developer shall
the temporary basins and erosion control measures f of time satisfactory to the City Engineer and shall
their maintenance and satisfactory performance thro
deposit and bonding in amounts and types suitable t Engineer.
32) Additional drainage easements and drainage structui provided or installed as may be required by the COL Department of Sanitation and Flood Control or the C neer.
33) The developer shall pay the current local drainage
prior to approval of the final map for this project
construct drainage systems in confkrmance with the 1 Drainage Plan and City of Carlbbad Standards as re1 i City Engineer.
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agreement regarding drainage across the adjacent p
to approval of the final map for this project.
35) The developer shall make an offer of dedication to
all public streets and easements required by these
or shown on the Tentative Map. The offer shall t to issuance of any building permit for this projec so offered shall be granted to the City free and c
liens and encumbrances and without cost to the Cit that are already public are not required to be red
36) Direct access rights for all lots abutting Pontiac
be waived on the final map.
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37) Plans, specifications, and supporting documents for 2 improvements shall be prepared to the satisfaction of Engineer. Prior to approval of the final map, the SL shall install, or agree to install and secure with as security as provided by law, improvements shown on tk tentative map and the following improvements to City to the satisfaction of the City Engineer:
a) All improvements shown on the tentative map excej modified herein
b) Storm drain facilities to conduct storm waters tc
storm drain facilities and/or channels
c) Temporary cul-de-sacs, barricades and traffic ad. warning signs at the ends of streets that are in
by project phasing
from Tamarack Drive northerly to the southerly 1
project excepting only that the pavement width m
feet, asphalt berms installed at the pavement ed
22 asphalt concrete spillways used to lead stree
drainage into the storm drain system. The storm water and sanitary sewer systems within the off-
southerly portion of Pontiac Drive shall be desi
constructed as shown on the Tentative Map for CT Except as noted herein the developer shall size facilities so as to accommodate "build-out" cond
e) Pontiac Drive to 60 foot wide collector street 8 within this project. All of Pontiac Drive withi project and all of Pontiac laying to the south c
project to Tamarack Avenue shall be designated '
and shall be appropriately painted and signed
f) The following streets to full width collector st
Mesa subdivision to its intersection with "B" SI
d) Pontiac Drive to 60 foot wide collector street s
standards* "A" Street from the easterly line 01 I
18 Street from "A" Street to "E" Street, "E" Streel Street, 'IF" Street from ''E" Street to Pontiac DI I;
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City Standards are authorized by virtue of approval
project plan or tentative map.
39) All improvements shown on the conditionally approve
map or required herein within an individual phase, completed prior to issuance of a Certificate of Occ
any dwelling unit in that phase. The portions of P
from the southerly line of this subdivision to Tama and "A" Street from the westerly line of this subdi the existing easterly terminus uf Valewood Drive sk constructed as a portion of Phase I. Water, sewer
drain facilities that are located in an unbuilt, hi
numbered phase and that the City Engineer shall deb
necessaray or desirable to be constructed, shall bc at such time and with such phase as the City Engine direct.
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PC RES0 NO. 2395 -7 -
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40) The developer shall comply with all the rules, regul design requirements of the respective sewer and wate regarding services to the project.
41) Should the developer decide to final map and develog of numerical sequence with the approved phasing as s
tentative map all conditions required of the preceec
shall be completed unless otherwise approved by the
Engineer and the Land Use Planning Manager.
A~I concrete terrace drains shall be maintained by 3
homeowner' s association (if on commonly owned propel individual property owner (if on an individually owl
An appropriately worded statement clearly identifyii
responsibility shall be placed in the CCCR's.
43) Some improvements shown on the Tentative Map and/or
these conditions are located off-site on property w the City nor the subdivider has sufficient title or
permit the improvements to be made without aquistio or interest. The subdivider shall conform to Secti
of the Carlsbad Municipal Code.
44) All plans, specifications, and supporting documents improvements of this project shall be signed and SE
Engineer in responsible charge of the work. Each E
be signed and sealed, except that bound documents n and sealed on their first page. Additionally the i
of each set of plans shall have the fdhwing Certi
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"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for
project, that I have exercised responsible charge
design of the project as defined in Section 6703 o
I Business and Professions Code, and that the design consistent with current standards.
I understand that the check of project drawings an
specifications by the City of Carlsbad Is confined
only and does not relieve me, as Engineer of Work, responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
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Address:
City, St.:
Telephone :
BY Date :
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(Name of Engineer)
R.C.E. NO. #
PC RES0 NO. 2395 -8-
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45) Prior to recordation of any final map for this develc
this project, the owner shall give written consent tc
annexation of the area shown within the boundaries o
Tentative Map into the existing City of Carlsbad Strl
Lighting and Landscaping District No. 1.
46) Approval of this tentative tract map shall expire tw months from the date of City Council approval unless map is recorded. An extension may be requested by t applicant. Said extension shall be approved or deni
discretion of the City Council. In approving an ext
the City Council may impose new conditions and may 1 existing conditions.
Fire Conditions:
47) Additional public and/or on site fire hydrants shal:
provided if deemed necessary by the Fire Marshal.
48) The applicant shall submit two (2) copies of a site showing locations of existing and proposed fire hyd
site roads and drives to the Fire Marshal for appro
49) An all weather access road shall be maintained thro
50) All required fire hydrants, water mains and appurte
be operational prior to combustible building materi located on the project site.
51) Brush clearance shall be maintained according to tk.
specifications contained in the City of Carlsbad L2
Guidelines Manual.
construction.
152) All fire alarm systems, fire hydrants, extinguishir 1 automatic sprinklers, and other systems pertinent 1 project shall be submitted to the Fire Department
prior to construction.
53) The developer shall provide to the Fire Department
scale street map. The map shall include all stree
hydrant locations, and street names. The plan sha
submitted prior to the issuance of Building Permit
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PC RES0 NO. 2395 -9-
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PASSED, APPROVED AND ADOPTED at a regular meetin
Planning Commission of the city of Carlsbad, California,
the 12th day of December, 1984, by the following vote, to
AYES : Chairman Rombotis, Commissioners Marcu
Schlehuber, Smith and Farrow.
Commissioners McFadden and L'Heureux. NOES :
ABSENT : None.
ABSTAIN: None.
JERRY ROMBOTIS, Chairma1
CARLSBAD PLANNING COMMI:
ATTEST :
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LAND USE PLANNING MANAGER
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PC RES0 NO. 2395 -10-
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ORDINANCE NO. 9749
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING p!
FOR A PREANNEXATIONAL ZONE CHANGE FROM A-70
(COUNTY) TO R-1-8000 AND R-1-7500 ON APPROX- IMATELY 65.5 ACRES ON PROPERTY GENERALLY LOCATEI:
SOUTH OF THE SOUTHERLY TERMINUS OF PONTIAC DRIVE
APPLICANT: FALCON HILLS CASE NO: ZC-318
The City Council of the City of Carlsbad, Califc
ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal (
amended by the amendment of a zoning map for a preannexai
change from A-70 (County) to R-1-8000 and R-1-7500 on prc
shown on the map marked ZC-318, Exhibit "X", attached he
made a part hereof.
SECTION 2: This project is approved upon the e
condition that the applicant shall pay a public faciliti
required by City Council Policy No. 17, dated August 29,
amended on April 2, 1982, on file with the City Clerk an
/incorporated-herein by reference, and according to the a
executed by the applicant for payment of said fee a copy
agreement dated December 13, 1983 and July 24, 1984, is
with the City Clerk and incorporated herein by reference
fee is not paid as promised, this application will not 1
consistent with the General Plan and approval for this I
shall be void. Said fees shall be paid based on the Api
version of Policy No. 17.
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EFFECTIVE DATE: This ordinance shall be effec
the effective date of the annexation of the property in.
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and the City Clerk shall certify to the adoption of this (
and cause it to be published at least once in the Carlsba
Journal within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting 0
Carlsbad City Council on the 15m day of JanuarY
and thereafter
PASSED AND ADOPTED at a regular meeting of said
Council held on the 5th day of February , 1985
following vote, to wit:
AYES:
NOES: None
Council P@rbers Casler, Lewis, Kulchin, Lmd sick
ABSENT: None
ABSTAIN: Council WTber Pettine kPd e
MARY H. SLER, M; I
ATTEST:
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ALETBA L. RAUTENKRANZ, City erk
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(SEAL) I I
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PR
R EXHIBIT X'
11-20-84
4
to R-
---ZONE BOUNDARY
PC-ZONE
FALCON HILLS Z(
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