HomeMy WebLinkAboutPUD 92-02; Tuscany Village; Planned Unit Development - Non-Residential (PUD) (3)•»
MEMO
DATE: 07-07-92
TO: FILE
FROM: ANNE HYSONG
SUBJECT: PUD92-2/TUSCANY VILLAGE
DESCRIPTION: JUNE 8, 1992 LETTER APPROVING MS92-2 AND PUD92-2
Larry Black and I drove to the site on Tuesday, June 30, 1992, at
10:30 a.m. to meet Louis Bikadi at his request to resolve the
overspray problem his neighbor at 6735 Luciernaga Place claims is
occurring due to the improper type of sprinkler heads being
installed along the property line. Mr. Bikadi wanted to turn the
sprinklers on in the morning when the wind is light to show us
that there is no overspray occurring unless it is windy. He did
not show up at the site where we waited for approximately 20
minutes. He later called and left a message on voice mail
indicating that he had mistakenly arrived at the site at 9:30
a.m. thinking that the meeting was earlier and had left at 10:00.
I returned the call and received no response.
The irrigation lines installed do not comply with the approved
landscape plan for MS799 still applicable for this project. The
applicant needs to revise the irrigation system so that the
sprinkler heads point and spray down toward the slope and
sprinkler heads comply with the approved plan. This will be
required prior to final map as conditioned in the PUD92-2
approval.
Title
••
Attachment
c:
City of Carlsbad
Engineering Department
June 24, 1992
Martin Montgomery
La Costa Engineering
1967 North Highway 101, Suite B
Encinitas, CA 92024
MS 92-02; TUSCANY VILLAGE
Pursuant to your letter dated June 8, 1992 the following clarifications are
offered:
1. Item 1 of your letter asked if maintenance agreements could be used
to satisfy Engineering Conditions 7 and 8 and Planning Conditions 9
and 10. Staff is currently reviewing this proposal. We need to see
how this would work out in detail and believe this could best be done
in plan check. You are advised to proceed with the plan check phase
to obtain a final map at this point in time. Before a plan check appli-
cation can be accepted the mylar of the approved tentative map re-
flecting the conditions of approval must be submitted. This submittal
should be your next course of action.
2. Item 2 of your letter does state matters correctly. However the previ-
ous agreement signed for MS 799 was for the "forthcoming Master
Drainage Plan". The new Master Drainage Plan has now been adopted
and at this time it is expected that the language of the agreement will
be changed. During Plan Check if it is determined that no changes are
needed then the condition will have been previously met.
3. Item 3 of your letter states your understanding that we had approved
the replacement of a brow ditch with 8 inch PVC pipe. I cannot verify
this. The "as built" we have shows a brow ditch.
The concern that required the condition to obtain an Encroachment
Permit, No. 13, is that constructive notice to future owners of pro-
posed Parcel 1 is required. The future owners need to be notified that
the drain is allowed to be in a City Storm Drain Easement only on the
agreement that the future owners accept full responsibility and finan-
cial liability for the drain.
Martin Montgomery
MS 92-02; Tuscany Village
June 24, 1992 Page: 2
The purpose of the above drain is to accept slope drainage from pro-
posed Parcels 2 and 3. Maintenance of the drain is the responsibility
of the future owners of proposed Parcel 1 because the nature of the
subdivision requires all parcels to handle drainage together and in
common. This is one of the purposes of Conditions 7 and 8 which are
intended to also provide constructive notice to future owners of all
parcels of the common nature of drainage in this particular subdivi-
sion.
I hope this furnishes the clarifications you were requesting in your letter. If
you require any more information please call me at (619) 438-1161 exten-
sion 4500.
Associate Engineer
JD:rz
c: Anne Hysong -S
John and Margaret Bence
*City of Carlsbad
v •••^••l^^^B^BVH^^V^i^^HMil^MHI^^^^^MEngineering Department
May 28, 1992
Marty Montgomery
La Costa Engineering
1967 N. Highway 101, Suite B
Encinitas CA 9204
PROPOSED MINOR SUBDIVISION NO. 92-02, TUSCANY VILLAGE
A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad
Municipal Code, to approve the tentative parcel map of the proposed minor subdivision subject to
the following conditions:
1. The applicant may request a review of the preliminary conditions within ten (10) days of
the date of this approval. The request must be submitted in writing to the City Engineer
in accordance with Section 20.24.120 through 140 of the Carlsbad Municipal Code.
2. The parcel map shall comply with the Planning Department memorandum for Minor
Subdivision No. MS 92-02/PUD 92-02, dated May 12, 1992 and the addendum dated May
26, 1992 (Attached Hereto).
3. The tentative parcel map approval shall expire twenty-four (24) months from the date of
the letter containing the final decision for tentative parcel map approval.
4. The applicant shall provide the City with the approved tentative parcel map. The map shall
be to scale on a reproducible 24" x 36" xerox or photo mylar. The tentative parcel map
shall reflect the conditions of approval by the City. The reproducible shall be submitted to
the City Engineer, reviewed and signed by the City's project engineer and project planner
prior to submittal of the building plans, final map, improvement or grading plans, whichever
occurs first.
5. Unless a standards variance has been issued, no variance from City Standards is authorized
by virtue of approval of this tentative parcel map.
6. The applicant shall defend, indemnify and hold harmless the City and its agents, officers,
and employees from any claim, action or proceeding against the City or its agents, officers,
or employees to attack, set aside, void or null an approval of the City, the Planning
Commission or City Engineer which has been brought against the City within the time
period provided for by Section 66499.37 of the Subdivision Map Act.
7. The applicant shall provide an acceptable means for maintaining the private easements
within the subdivision and all the private streets, storm drain facilities and sewer facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision. Adequate provision for such
maintenance shall be included with the CC&R's subject to the approval of the City Engineer
prior to final map approval.
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894
Marty Montgomery
MS 92-2
May 27, 1992 - Page: 2
8. An appropriate covenant shall be placed in the CC&R's stating there are drainage structures
that cross parcel lines and that maintenance of these structures are the responsibility of the
owner of the parcel on which the structures lie. There shall be some provision that
-indicates that the drainage structure on Parcel 1 is underground.
9. All required fees and deposits shall be paid prior to approval of the parcel map.
10. The 30 foot wide access easement and common area together with the 25 foot radius
turnaround as shown on the tentative map shall also be dedicated as a general public utility
and access easement on the parcel map.
11. Prior to approval of the parcel map the owner shall pay and/or enter into an agreement
with the City to pay any drainage area fees established as a result of the Master Drainage
Plan Update.
12. The applicant shall pay the recording fees for all agreements, easements and documents
required for this project prior to the approval of the parcel map.
13. Prior to approval of the Parcel Map the owner shall obtain an Encroachment Permit for the
8 inch PVC drain pipe that lies within the 20 foot wide Easement for drainage and sewer
located on Parcel l.This 8 inch drain was constructed instead of the approved brow ditch
as shown on Grading Plan No. 307-9.
If you have any questions regarding this letter please contact Jim Davis at (619) 438-1161
Extension 4500.
ROBERT J. WOJCl
Principal Civil Engineer
RJW:JD:rz
C: Ann Hysong ^/
John and Margeret Bence
MAY 12, 1992 "^
TO: PRINCIPAL LAND USE ENGINEER MAY 1 1J 1992
FROM: , Assistant Planning Director £!"!"/ •*> C.".~" ""~~" -"»
SUBJECT: PUD 92-2/MS 92-2 - TUSCANY VILLAGE
The Planning Department has completed its review of the Tuscany Village Planned Unit
Development application, PUD 92-2, requesting approval of the subdivision of an existing single
lot airspace condominium project into a four lot single family residential planned unit development.
The existing project is located on Luciemaga Court in the R-2 Zone/RM General Plan designated
area.
It is the Planning Director's determination that, based upon the attached conditions, the project is
consistent with the City's planned unit development regulations (Chapter 21.45) and with all other
applicable City ordinances and policies. Further, the project has been found to be categorically
exempt from environmental review according to Section 15315, Class 15, of the California
Environmental Quality Act and a Notice of Exemption was filed on May 12, 1992.
This memorandum constitutes approval of PUD 92-2 and recommendation for approval of MS 92-2,
based upon the findings and subject to the conditions listed below.
FINDINGS:
1. The project is consistent with the City of Carlsbad's General Plan Land Use Element and all
other elements of the General Plan.
2. Adequate public facilities necessary to serve this project will be provided as required by the
City Engineer in conjunction with the approval of Parcel Map (MS 92-2) required for this
project.
3. The project, as conditioned, is consistent with the design criteria and development standards
of Chapter 21.45 (Planned Development Ordinance) of the Carlsbad Municipal Code.
CONDITIONS:
1. Approval is granted for PUD 92-2 as shown on Exhibits "A" and "B", dated May 12, 1992,
on file in the Planning Department and incorporated herein by reference.
2. Planned Unit Development 92-2 supersedes Condominium Permit 89-3.
3. A copy of the final Planned Development Site Plan, incorporating all conditions of approval,
shall be submitted to and approved by the Planning Director prior to final map approval of
MS 92-2.
4. Approval of PUD 92-2 is granted subject to approval of MS 92-2. PUD 92-2 is subject to
aU conditions of MS 92-2, incorporated herein by reference.
5. Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable city ordinances in effect.
PUD 92-2/MS 92-2 - TUSCANY VILLAGE - MEMO
MAY 12, 1992
PAGE TWO
6. Expansion of existing structures approved as part of this Planned Unit Development is
prohibited with the exception of patio covers or decks. All structures must maintain a five
foot setback from any top or bottom of slope and/or property lines. No additional grading
or structures shall be permitted on the slopes between the retaining wall and the rear
property line of Parcels 2 and 3.
7. Prior to final map approval, the applicant shall provide proof to the satisfaction of the
Planning Director of a recorded private general access and utility easement as shown on
Exhibit "A", dated May 12, 1992. The private general access and utility easement shall
appear on the final map.
8. Prior to approval of a Certificate of Occupancy for Parcels 2 and 3, the applicant shall
complete the following landscape requirements on slopes between the retaining wall and
rear property line to the satisfaction of the Planning Director:
a. weed clearance and the installation of new plants as shown on Exhibit "B";
b. any additional shrub planting on slopes between the retaining wall and rear
property lines necessary to bring slope planting into conformance with the landscape
plan approved as part of MS 799.
9. The applicant shall establish a new homeowner's association and corresponding CC&R's
which supersede existing CC&R's recorded as File No. 1991-034491. Said CC&R's shall be
submitted to and approved by the Planning Director and the approved document shall be
recorded prior to final map approval.
CC&R's shall clearly state the following:
The access driveway shall be free of any obstruction and accessible to all units at all
times. No parking shall be permitted on this driveway.
No additional grading or construction of any structures shall be permitted on the
manufactured and natural slopes between the retaining wall and rear property lines
of Parcels 2 and 3.
itacrAnne Hysong at (619) 438-1161, extension 4477 if you have any questions.
Y WAYNE
Assistant Planning Director
c: Robert Green
Jim Davis
Erin Letsch
Marjorie/Steve
File Copy
GEW:AH:vd
PUD922ap.mem
MAY 12, 1992
TO: PRINCIPAL LAND USE ENGINEER
FROM: Assistant Planning Director
SUBJECT: PUD 92-2/MS 92-2 - TUSCANY VILLAGE
The Planning Department has completed its review of the Tuscany Village Planned Unit
Development application, PUD 92-2, requesting approval of the subdivision of an existing single
lot airspace condominium project into a four lot single family residential planned unit development.
The existing project is located on Luciemaga Court in the R-2 Zone/RM General Plan designated
area.
It is the Planning Director's determination that, based upon the attached conditions, the project is
consistent with the City's planned unit development regulations (Chapter 21.45) and with all other
applicable City ordinances and policies. Further, the project has been found to be categorically
exempt from environmental review according to Section 15315, Class 15, of the California
Environmental Quality Act and a Notice of Exemption was filed on May 12, 1992.
This memorandum constitutes approval of PUD 92-2 and recommendation for approval of MS 92-2,
based upon the findings and subject to the conditions listed below.
FINDINGS:
1. The project is consistent with the City of Carlsbad's General Plan Land Use Element and all
other elements of the General Plan. '
2. Adequate public facilities necessary to serve this project will be provided as required by the
City Engineer in conjunction with the approval of Parcel Map (MS 92-2) required for this
project.
3. The project, as conditioned, is consistent with the design criteria and development standards
of Chapter 21.45 (Planned Development Ordinance) of the Carlsbad Municipal Code.
CONDITIONS:
1. Approval is granted for PUD 92-2 as shown on Exhibits "A" and "B", dated May 12, 1992,
on file in the Planning Department and incorporated herein by reference.
2. Planned Unit Development 92-2 supersedes Condominium Permit 89-3.
3. A copy of the final Planned Development Site Plan, incorporating all conditions of approval,
shall be submitted to and approved by the Planning Director prior to final map approval of
MS 92-2.
4. Approval of PUD 92-2 is granted subject to approval of MS 92-2. PUD 92-2 is subject to
all conditions of MS 92-2, incorporated herein by reference.
5. Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable city ordinances in effect.
PUD 92-2/MS 92-2 - TUSCANY VILLAGE - MEMO
MAY 12, 1992
PAGE TWO
6.
7.
8.
9.
Expansion of existing structures approved as part of this Planned Unit Development is
prohibited with the exception of patio covers or decks. All structures must maintain a five
foot setback from any top or bottom of slope and/or property lines. No additional grading
or structures shall be permitted on the slopes between the retaining wall and the rear
property line of Parcels 2 and 3.
Prior to final map approval, the applicant shall provide proof to the satisfaction of the
Planning Director of a recorded private general access and utility easement as shown on
Exhibit "A", dated May 12, 1992. The private general access and utility easement shall
appear on the final map.
Prior to approval of a Certificate of Occupancy for Parcels 2 and 3, the applicant shall
complete the following landscape requirements on slopes between the retaining wall and
rear property line to the satisfaction of the Planning Director:
a. weed clearance and the installation of new plants as shown on Exhibit "B";
b. any additional shrub planting on slopes between the retaining wall and rear
property lines necessary to bring slope planting into conformance with the landscape
plan approved as part of MS 799.
The applicant shall establish a new homeowner's association and corresponding CC&R's
which supersede existing CC&R's recorded as File No. 1991-034491. Said CC&R's shall be
submitted to and approved by the Planning Director and the approved document shall be
recorded prior to final map approval.
10. CC&R's shall clearly state the following:
a. The access driveway shall be free of any obstruction and accessible to all units at all
times. No parking shall be permitted on this driveway.
b. No additional grading or construction of any structures shall be permitted on the
manufactured and natural slopes between the retaining wall and rear property lines
of Parcels 2 and 3.
Pleas/contactyAnne Hysong at (619) 438-1161, extension 4477 if you have any questions.
Assist;
c:
AYNE
t Planning Director
Robert Green
Jim Davis
Erin Letsch
Marjorie/Steve
File Copy
GEW:AH:vd
PUD922ap.mem
LA COSTA
April 24, 1992 ENGINEERING
1967 NORTH HWY 101 STE BENCINITA5, CALIFORNIA 92024
TELEPHONE 6I9-753'8220
CONSULTING ENGINEERINGPROJECT MANAGEMENTAnn Hysong GENERAL CONSTRUCTION
Staff Planner
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
RE: Resubmittal of MS 92-02; PUD 92-02 Tuscany Village.
Dear Ms. Hysong,
We have completed the following items pursuant to your letter of
2/27/92 and the letter from engineering dated 2/26/92. These items
are as follows:
1) The General Notes on the TPM were changed to show a net
project area of 1.08 acres per HDP 89-21 and a proposed
density of 3.7 du/ac.
2) The site consists of a 30 foot wide curb-to-curb private
drive. Guest parking is shown as one space in each private
driveway. There is plenty of room in these driveways;
especially in parcels 1, 2, & 3 which consist of 3-car
garages.
3) A Notice of Restriction prohibiting any further development
on the rear slopes of parcels 2 & 3 shall be made a part of
the Resolution of Approval.
4) The easterly most sprinkler lines causing the present
overspray condition has been shown on the Landscape Plan. It
is proposed to replace all the sprinkler heads on this line
with a more reliable sprinkler head as shown on the plans.
Each lot owner will be responsible for the irrigation of their
respective lots including slopes as well as maintenance of the
lines and spray orientation.
5) The Planning Department has made findings to allow the private
street as shown on the TPM to provide access to minor
subdivision in lieu of a dedicated public R.O.W. These
findings satisfy the concerns of the Engineering Department
with regard to this project.
We believe that these changes satisfies the City requirements with
respect to MS 92-02; PUD 92-02. If you need further information,
please contact us at your convenience.
Sincerely,
Martell B. Montgo:
MBM/ka
^^^^•^^^^^•^AUk
City of Carlsbad
Planning Department
February 27, 1992
John and Margaret Bence
6818 Luciernaga Court
Carlsbad, CA 92009
SUBJECT: PUD 92-2 - TUSCANY VILLAGE
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning
Department has reviewed your Planned Unit Development, application no. PUD 92-2, as
to its completeness for processing.
The application is complete, as submitted. Although the initial processing of your
application may have already begun, the technical acceptance date is acknowledged by the
date of this communication. The City may, in the course of processing the application,
request that you clarify, amplify, correct, or otherwise supplement the basic information
required for the application. In addition, you should also be aware that various design
issues may exist. These issues must be addressed before this application can be scheduled
for a hearing.
Please contact your staff planner, Anne Hysong, at (619) 438-1161 extension 4477, if you
have any questions or wish to set up a meeting to discuss the application.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:AH:km
cc: Gary Wayne
Robert Green
Erin Letsch
Bob Wojcik
Jim Davis
File Copy
Data Entry
Marjorie/Steve
2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (619)438-1161
LIST OF ITEMS NEEDED
TO COMPLETE APPLICATION:
No. PUD 92-2
PLANNING:
1. Correct the General Notes on the Tentative Parcel Map to show net project area as
1.08 acres (per HDP 89-21) and proposed density to 3.7 dwelling units per acre.
2. The site plan/landscape plan indicates a 32' wide private driveway width with
parking along one side and the private driveway shown on the proposed Tentative
Parcel Map is 30' wide and no guest parking spaces are shown. Please explain this
inconsistency.
4. A Notice of Restriction restricting any further development on the slopes to the rear
of Parcels 2 and 3 shall be recorded prior to recordation of final parcel map.
5. A problem with the sprinkling system existing on the hillside behind the structures
on Parcels 2 and 3 has been identified. Please submit an irrigation plan showing
a proposed solution to the over spray onto the adjacent property. This problem
requires resolution prior to project approval.
Citv of Carlsbad
Engineering Department
February 26, 1992
Frederick J. Clark
La Costa Engineering
1967 N. Highway 101, Suite B
Encinitas, CA 92024
MS 92-02; PUD 92-02 TUSCANY VILLAGE
We have reviewed your application for completeness. We find the application complete
and suitable for further review as of the date of this letter. We are required by City and
State laws to give a decision within 50 days from the date the application is found
complete. If sufficient time for review is not allowed we will of necessity render a decision
to deny at the 50 day limit. The review of two applications within the same 50 days is
considered insufficient time for review. Therefore, when more than one discretionary
permit is required to be reviewed at the same time we need the mandated time for a
decision waived. A form for this purpose is enclosed. The form may be signed by the
owner, applicant or their agent. Please have the form signed and returned to us as soon
as possible.
There is at this time a major engineering issue: Section 20.16.010(3) of the Carlsbad
Municipal Code does not allow us to approve subdivisions that have parcels that do not
have access to a dedicated street unless otherwise authorized by Title 21. The Planning
Department will have to find that such is the case before we can approve this proposed
subdivision. Other issues may arise as further review takes place.
The City's other comments and issues are not included in this letter. A letter will follow
with those comments and issues.
If you require any further information, please contact me at (619) 438-1161, extension
4500.
JIM DAVIS
Associate Engineer
JD:rz
c: Ann Hysong
John and Margaret Bence
2075 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (619)438-1161