HomeMy WebLinkAbout1982-02-16; City Council; Resolution 67921
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- RESOLUTION NO. 792
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
A 230-UNIT TENTATIVE SUBDIVISION MAP (CT 81- 47) AND PLANNED UNIT DEVELOPMENT PERMIT (PUD-
35) ON PROPERTY GENERALLY LOCATED ON THE
SOUTHERN PORTION OF THE CALAVERA HILLS MASTER
PLAN AREA, APPROXIMATELY 600 FEET EAST OF
TAMARCK AVENUE. APPLICANT: TREETOPS
UNLIMITED.
WHEREAS, on January 13, 1982, the Carlsbad Planning
Commission adopted Resolution No. 1911 recommending to the City
Council approval of Tentative Subdivision Map CT 81-47 and
Planned Unit Development Permit PUD-35 for construction of a
230-unit planned unit development on property generally located
on the southern portion of the Calavera Hills Master Plan area,
approximately 600 feet east of Tamarack Avenue, more particularly
described as:
Those portions of Lots "D", ''E" and "J" of Rancho Aqua Hedionda according to Map thereof No.823 filed November 16, 1896,
and
WHEREAS, the City Council of the City of Carlsbad held a
public hearing on February 2, 1982 to consider the
recommendations and hear all persons interested in or opposed to
Tentative Subdivision Map CT 81-47 and Planned Unit Development
Permit PUD-35; and
WHEREAS, said Tentative Subdivision Map and Planned Unit
Permit have been declared to have a nonsignificant impact on the
environment and a Negative Declaration has been prepared and
filed in compliance with the requirements of the City of Carlsbad
980; Environmental Protection Ordinance of
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission in
Resolution No. 1911 constitute the findings of the City Council
in this matter.
3. That said Tentative Subdivision Map, together with
the providions for its design and improvement, and subject to the
conditions of Resolution No. 1911 is consistent with all
applicable general and specific plans of the City of Carlsbad.
4. That Tentative Subdivision Map CT 81-47 and Planned
Unit Development Permit PUD-35 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. 1911, marked Exhibits A, attached hereto and made
a part hereof, and subject to the following additional
condition:
"Water shall be provided by the City of Carlsbad unless some other arrangement is approved by the City Council."
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
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day of February , 19 82 by the following vote,
to wit:
AYES:
NOES: "e
Council Menbers Packard, Casler, hear, Lewis and Kdchin
c RONALD C. PACKARD, Mayor
ATTEST :
ALETHA L. RAUTENK
(SEAL)
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Exhibit "A" toeolution NO. 6792 .
J
PLANNING COMMISSION RESOLUTION NO. 191 1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSRAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 230 UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOP-
MENT ON PROPERTY GENERALLY LOCATED ON THE SOUTHERN
PORTION OF THE CALAVERA HILLS MASTER PLAN AREA,
APPROXIMATELY 600 FEET EAST OF TAMARACK AVENUE. APPLICANT: TREETOPS UNLIMITED
CASE NO: CT 81-47/PUD-35.
-WHEREAS, a verified application for certain property to
Those portions of Lots "D", "E" and "J" of Rancho Agua
Hedionda according to Map thereof No. 823 filed November
16, 1896
dit:
nas been filed with the city of Carlsbad, and referred to the
Planning, Commission; and
WHEREAS, said verified application constitutes a request
3s provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 13th day of
January, 1982, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
eonsidering all testimony and argumentsy if any, of all persons
jesiring 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
Zommission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the pub1,e hearing, Le Commission recommends APPROVAL of CT 81-47/PUD-35, based on the
following findings and subject to the following conditions:
Lpindings
1) The project's density is consistent- with the approved Master
Plan for this area since 230 units are proposed and the Calavcra Hills Master Plan would allow up to 270 dwelllng units.
L EX HI B IT "A " 3
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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.
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project is consistent with all city public facility policie
ordinances since:
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, th
Planning Commission has added a condition that a note shal
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
pro j ect .
The dedication of park land (Village k of the Calavera
Hills Master Plan) is required as a condition of approval,
All nec.essary public improvements have been provided or wil be required as conditions of approval.
The applicant has agreed and is required by the inclusion o an appropriate condiiiuii 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.
Adequate water for the project will be provided by the City of Carlsbad.
A letter has been submitted by the Carlsbad School
District, dated December 18, 1981, ensuring that adequate
school facilities will be available to this project concurrent with need.
The proposed project is compatible with the.surrounding future land uses since surrounding properties are designated for
residential development on the General Plan.
This project as conditioned will not cause any significant
environmental impacts and a Negative Declaration has been issue by the Planning Director on December 24, 1981 and approved by
the Planning Commission on January 13, 1981.
All design criteria.and development standards of the Planned Unit Development Ordinance are met by this project.
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Conditions
General Conditions: .. .. t.. .
Approval is granted for CT 81-47jPUD-35, as shown on Exhibit(s)
"A" - "Ht', X, Y and 2, dated December 7, 1981 , 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 a
of the time of such approval.that sewer servic? is available to serve the subdivision.
This project is approved upon the expr.ess 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 August 29, 1379, 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 November 25, 1981, is on fil
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.
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.
Planning
6) 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 Planni.ng Director prior to the issuance of building permits.
7) The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said
CCStR's shall be submitted to and approved by t.he Planning
Department prior to final map approval.
8) The applicant shall prepare a detailed landscape and irrigation
plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits. The slopes
adjacent to College Avenue shall be heavily landscaped to the
satisfaction of the Planning Director.
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All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in
conformance with the Calavera Hills Master Plan and the city's
Sign Ordinance and shall require review and approval of the
Planning Department prior to installation of such signs.
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.
Approval of this tentat.ive 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.
Prior to issuance of building permits, the applicant shall submit plans to the satisfaction of the Planning Director for
the design of the fences or walls separating the rear yards of the units. These fences or walls shall not exceed 6' in height
and be designed to be aesthetically pleasing and compatible with the development and surrounding area.
ngineering ---
The developer shall obtain a grading permit prior to the com- mencement 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. Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site
inspection and 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. .
Upon completion of grading, the developer shall insure that an
"as-graded" geologic plan shall be submitted. to the City
Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective measures a5 actually constructed and must be based on a contour map which represents both the pre and post site grading. This
plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record.
Additional drainage easements and drainage structures shall be provided or installed as may be required by or the City I3ngi- neer
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The developer shall pay the current local drainage area fee prior to approval of the final map or shall construct drainage
systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
Land for all public streets and easements shown on the ten-
tative map shall be dedicated on the final nap and shall be
granted to the city free and clear of a21 liens and
encumberances.
All public streets shall be improved by the developer based on the.typica1 sections shown on the tentative map and in
conformance with City of Carlsbad Standards prior to occupancy
of any buildings.
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The developer shall comply with all. the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
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 inspectior:
fees shall be paid prior to approval of the final map.,
All private s.treets and private drainage systems shall be maiwtained by the honeownex's association in perpetuity.
responsibility shall be clearly stated in the CC&R's. This
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 CCstR's.
Direct access rights for all the lots abutting Glasgow Drive or College Boulevard shall be waived and relinquished on the final map.
Prior to the issuance of building permits €or any units within construction Phase B of Phase I of this pro.ject, the developer shall construct a secondary access road to the subdivision from
Glasgow Drive at the north subdivision boundary west adjacent to the park site to Tamarack Avenue. This access road shall be
constructed with a minimum 28 foot crowned section within a 30
foot publicly dedicated easement. The specific alignment of
this road shall be as approved by the City Engineer and the Parks and Recreation Director. Plans for the grading and
construction of this access road and any necessary drainage appurtenances shall, be signed and bonds and agreements submitted to the city prior to the approval of the final map.
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Prior to the approval of the final map, the park site (Village
F) adjacent to this subdivision shall be dedicated to the city of Carlsbad free and clear of all liens and encumbrances in
accordance with the provisions of the Master Plan for the project area and in accordance with the provisions of the
State Map Act and any applicable city ordinances pursuant thereto. In addition, the property adjacent to the park site
shall be dedicated and improvement planq and agreements shall
be submitted to the city for approval together with the
required security for the half street improvements of both
Tamarack Avenue and Glasgow Drive. Whereas the half street
improvement of Tamarack Avenue may be deferred until such tine as Tamarack Avenue is extended to Elm Avenue, the Glasgow
Drive improvements shall he constructed concurrent with the
southern portion of Glasgow Drive required pursuant to the
conditions of this tentative map.
Prior to the approval of the final map, the owner of the park site shall enter into a secured agreement for the removal and relocation of the water tank and pumping facilities located
within the dedication of the park site.
The developer shall be responsible for the construction of the
southern portion of Glasgow Drive as shown on the tentative map from its present terminus north of Edinburgh Drive to the
north subdivision boundary. The construction of this roadway
shall be coordinated with the construction of the north
portion of the roadway adjacent to the park site required
pursuant to these conditions, Prior to the approval of the
final map the entire width of Glasgow Drive shall be dedicated and plans and agreements for its construction shall be
submitted to the City Engineer for approval together with the
required improvement security.
Prior to or concurrent with the approval of the final mapI the subdivider shall process a lot line adjustment to adjust the northwest subdivision boundary south of Glasgow Drive so that it falls on or within the proposed Glasgow Drive right-of-way.
The narrow strip of land which now lies outside the
subdivision boundary shall be incorporated into the
maintenance provisions of the CC&R's for this project.
Prior to the issuance of building permits for any units within
construction Phase B of Phase I of this project, the developer
shall construct a portion of Tamarack Avenue from the
temporary access road to the east terminus of the existing Tamarack Avenue based on a 42 foot half street section. Plans
for this portion of Tamarack Avenue shall be approved and bonds and agreements submitted to the city prior to the approval of the final map for Phase 1.
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The developer shall construct desiltation/detention basins of
type and size and at locations as approved by the City
Engineer. The developer shall enter into a desiltation basin maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of the final map for this project. Each desiltation basin shall be
serviced by an all weather access/maintenance road. The
provisions of this agreement shall apply to any off-site borro? sites which may be utilized in the construction of this projec as requ,red by the City Engineer.
The.owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of the final map.
The drainage system shall be designed.to ensure that runoff
resulting from a 10-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less
than the runoff from a storm of the same frequency and
duration under existing undeveloped conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing undeveloped conditions. Both 6 hour
and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
The applicant shall agree to utilize reclaimed water, in Type
I form, on the subject property in all common areas as
approved by the City Enginccr.
The reclaimed water irrigation system shall be maintained and
operated consistent with the requirements of the city of
Carlsbad, under a contractual agreement with the homeowner's
association that is to give the district total assurance that
they would always have the ability to discharge the effluent,
Irrigation systems to accommodate future reclaimed water shall
be designed consistent with Title 17 of the California State
Administrative Code. Offsite future reclaimed water
distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimize
street excavation.
Fire
38) Additional public and on-site fire hydrants shall be required
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subject to the approval of the Fire Marshall..
39) Submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and on-site roads and drives.
40) An all weather access road shall be maintained throughout construction.
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All required fire hydrants, water mains and appurtenances shal
be operational prior to combustible building materials being
All private driveways shall be kept clear of parked vehicles a all times, and shall have posted "NO Parking/Fire Lane Tow Awa:
Zone" pursuant to Section 1_7.04.040, Carlsbad Municipal Code.
located on the project site. . 5..
Fire retardant roofs shall be required on all structures.
All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the project shall be submittedAto the Fire Department for approval prior to construction.
Prior to recordation of the final map, a parcel map delineatinc the location of the fire station site in.Village E- 2 shall be
filed with and approved by the city.
arks and Recreation
The homeowner's association shall be responsible to maintain
the landscape treatment up to the edge of all public
sidewalks.
The landscaping along the edge of the future right-of-way of
College Boulevard shall comply with the Parks and Recreation
Department's streetscape theme.
The developer shall apply and germinate an approved seed mix as part of the erosion control measure on all graded pads left
for future construction and all off-site borrow areas. This treatment shall be performed directly after the rough grading
operation is over.
All slope landscaping shall provide effective erosion control,
comply with the Calavera Hills Master Plan on fire protection and be designed to make a visual transition from the native
vegetation to a cultivated landscape,
Prior to occupancy of any units within this project, the applicant shall install two lighted, concrete tennis courts in
the dedicated park site as per previous agreement with the cit] or other improvements of equal value to the satisfaction of tht
Director of Parks and Recreation,
Fox purposes of planting and maintenance, the common slope areas shall be classified according to City Council Policy No.
23 as follows:
A. The steep slopes in the southern portion of the site shall be classified as undisturbed native vegetation.
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B. The 2:l man-made slopes adjacent to the steep slopes shall
be classified as supplemented native vegetation.
The slopes adjacent to' College shall be classified as
refined vegetation.
C.
Prior to occupancy of any unit within this project, a
recreational vehicle storage area shall be provided within the Master Plan area at a site subject to approval of the Planning Director, This RV storage area shall have a minimum area of
two acres and be constructed and screened to the satisfaction
of the Planning Director.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
lanning Commission of the city of Carlsbad, California, held on thc
3th day of January, 1982, by the following vote, to wit:
AYES :
NOES :
ABSENT :
ABSTAIN :
c
Chaiman Farrow, Commissioners Marcus, Rombotis,
Schlehuber, and Friestedt. None.
None.
Commissioners L'Heureux and Jose.
VERNON J. FARROW, JR., Chairinan
CARLSBAD PLANNING COMMI SS iG3 ...
TTEST:
AMES C e HAGAMAN, Secretary
ARLSBAD PLANNING COMMISSION
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