HomeMy WebLinkAbout1982-09-21; City Council; Resolution 70141
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RESOLUTION NO. ~ 7014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS
TENTATIVE TRACT MAP (CT 82-5) AND PLANNED UNIT
DEVELOPMENT (PUD-39) ON PROPERTY GENERALLY LOCATED WEST OF NEBLINA DRIVE AND SOUTH OF FUTURE
TAMARACK AVENUE IN THE R-A-10,OOO ZONE.
APPLICANT: FONTANA MUDGE CASE NO. CTL82-5/PUD-39.
WHEREAS, on August 11, 1982, the Carlsbad Planning
Commission adopted Resolution No. 1998 recommending to the City
Council that Tentative Tract Map (CT 82-5) and Planned Unit
Development (PUD-39) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
September 7, 1982 held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Tract Map (CT 82-5) and Planned Unit Development
(PUD-39); and
WHEREAS, said Tentative Tract Map and Planned Unit
development have undergone previous environmental review and,
the Planning Director has issued a Notice of Prior Environmental
Compliance, dated June 28, 1982;
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.
B. That the findings of the Planning Commission in
Resolution No. 1998 constitute the findings of the City Council
in this matter.
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C. That said Tentative Tract Map, 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) and Planned
Unit Development (PUD-39) 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. 1998, dated August 11, 1982 marked
Exhibit A, attached hereto and made a part hereof, with the
exception of condition number 39 to read as follows:
"The open space area along Tamarack Avenue shall be hydrodseeded with native drought-tolerant species to be
irrigated by a temporary irrigation system. space area shall also be planted with one gallon native trees at 1:400 square feet. The plants and trees shall be selected for maximum fire regardant
characteristics."
This open
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the 21st
day of Sep.t;ember , 1982 by the following vote, to wit:
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AYES : Council Men-berS Cads, Lewk, and Anear
ABSENT:
ATTEST :
(SEAL)
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EXHIBIT A
RESOLUTION NO. 7014
PLANNING comIssroN RESOLUTION NO. I 998
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD I CALIFORNIA, RECOXMENDING APPROVAL OF A
64-UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOP-
MENT ON PROPERTY GENERALLY LOCATED WEST OF NEBLZNA
DRIVE AND SOUTH OF FUTURE TAMAlL?CR AVENUE IN THE
R-A-10,000 ZOIJE,
APPLICANT : TELESCOPE POINT
CASE NO.: CT 82-5/PUD-39 -
WHEREAS, a vezcj-fied application far certain property to
wit:
A portion of Lot 1: 05 Rancho Agua IlediondG according to Map
No, 823 filed in San Diego County November 16f 1896,
)as Seen filed with the City of Carlsbad, and recerred to the
’hanning Commission; and
WHEREAS, said verified application constitutes a request as
Irovided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS the Planning Comrnissi-an did, on the 11 th day of
isgust, 1982, hold a duly noticed public hearing as prescribed by
.aw to cons2.di.r said request.; and
WHEREAS ,. i\t said public hearing, upon hearing ahd considering
313. testimony and argumznts, if any, of all pesrscns desiring to be
iec?rdp said Commission considered a11 factors relating to t.he
’errtative Tract xap and Planned Unit Develop”t.
NO’$?, THEREFORE, HE IT HEREBY RESOLVED by the Planning
Zortiniission as follows:
q) That the above recitations are true and correct,
3) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 82-5/PUD-39, based
011 the foilowing findings and su67ec-t to the following
conditions:
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'indings:
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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 TJand Use Element 02 khe General Plan.
The site is physically suitable for the type an5 density of the
development since the site is adequate in size and shape to
accommodate residential development at the density proposed.
The project is consistent with all city public facility pol-
icies and 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, 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 khe project unless sewer service
remains a-vailable, the Planning Commission is satisf ied
that the requirements of the public facilities element of
the General Plan have been rillet insofar as they apply to
sewer service for this project,
School fees will. he paid to ensure the availability of
school facilities in the CarXsbad Unified School District:,
and an existing school agreement between the applicant and
Carlsbad Unified School District will ensure adeqaacy of
eleinentnry school facilities, 1
Park-in-lieu fees are required as a condition of approval,
Ail necessary public improvements have been provized or will he required as conditions or' approval,
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,
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 propert-ies are designated for
residential development on the General Plan.
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The Planning Director has determined that this project has
undergone previous environmental review and, therefore, has
issued a Notice of Prior Environmental Compliance, dated
June 28, 1982.
eneral Conditions:
Approval is granted for CT 82-5/PUD-39, as shown on Exhibit(s)
"A", dated July 1 1982, and lrB'Pr "C'~ and "D", dated July 8,
4982, incorporated by reference and an file in the PlanRing Department, DeVelOpiTient 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 availabl-e
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 deternines that sewer facilities are available at the time of application for such
sewer permits am3 wil.1 continue to be available until time of occupar,cy. 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 Gjty
Council. Policy No, "it dated April 2, 1982, on file Fiith thr
City Clerk and incorporated herein by referencep and accorui ..g to the agreement executed by the applicant for payment of said
fee a copy of that agreei-oent dated April 14, 1981, is on file with the City Clerk and incorporated herein by reference. If
said fee is not paid as promised, this :>pplication will ~ot be
consistent with the G@i?eral Plan and ap,~roval for this project
shall be void,
The applicant shall pay park-in-lieu fees to the cityl prior to
the approval of the final map as required by Chapter 20.44 of
the Carlsbad Fritanicipal. Ccde,
The applicant shall pzovide school fees t5 mitigate conditions of overcrowding as part of build.ir,g permit application. These
fees shall be based on the fee schedule in effect at the time of building perniit application,
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable cit17 ordinances in efEect at time of building permit issuance.
k?ater shall be provided by the City of Carlsbad unless some
other arrangement j.s approved by the City Council,
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c RESO NO. 1998 -3-
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The applicant shall prepare a reproducible mylar of Lie final
site plan incorporating the conditions contained herein. Said site plan shall be subrnitted to and approved by the Planning
Director prior to the issuance of building permits.
The applicant shall establish a homeowner's association and
corresponding covenantsr conditions and restrictions. Said
CC&R's shall be subnitted to and approved by the Planning
Department prior to final map approval.
The applicant shall prepare a detailed landscape and irriga-- tion plan which shall be submitted to and approved by the
Planning Director prior to the issuance of building permits,
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds7 trash, am3 debris.
The applicant shall submit a street name list consistent with
the city's street name pclicy subjeck to the Planning
Director's approval prior to final map approval.
Approval of this tentative tract map shall expire eighteen
months from the date of City Council approval unless a final nap is recorded. An extension mi.ey be requested by the ap-
plicant. Said extension shall be approved or deni-ed at the
discretion of the City Council, In approving an extension, the City Council may impose new conditions and may revise
existing conditions.
:ng - ineeririg --
The developer shall obtain a grading permit pribr to the coni-
nencernent oE any clearing or grading of the site.
he grading for this project is defined as "contr@l1,ed gradingss by Section 11 e06e 170(a) of the Carlsbad Xunicipaf
Code, Grading shall be performed uiider the observation of a
civil cngineer 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 thc
City Engineer and verify compliance with Chapter 11.06 of the
Csrlsbad 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,
The developer shall pay the current local drainage area fee
prior to approval of the final nap or shall construct drainage
systems in conformance with the Master Drainage Plan arid City of' Carlsbad Standards as required by the City Engineer.
'C RES0 NO. I998 -4-
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Land for all public skreets 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 encumber-
ances.
A11 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 aI.1 private streets and drainage system 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 honeowner's association in perpetuity, This respon- sibility shall be clearly stated in the CC&R's,
ALJ. 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 he placed in the CCbfi'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 resfilt of this study, they shall be included in the improvement p2ansafor this
subdivision.
Thc waterllnc at the east end of Street A shall be Pooped to
an exj-sting 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 six-inch sewer mains, as shown on the tentative mapp are
Rot approved, All sewer mains shall be a minimum eight inch in diameter,
The subdivider shal.1 provide additional drainage structures
aild easements as required by the City Engineer upon submittal
of the storm drainage hydrology calculation for the
subdivision.
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'C RES0 NO. 1998 -5-
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28) Prior to the approval of the final map, dedications must be
madep improvement plans approved and an improvement agreement and bonds submitted for the following streets:
1, High Ridge Avenue from Neblina Drive to Tamarack Avenue
based upon a right-of-way width of 60 feet and a curb to
curb width of 40 feet.
based upon a right-of-way width, as shown on the tentative
mapr for Carlsbad Tract 76-45 (Carlsbad Palisades] and a
2. Tamarack Avenue from High Ridge Avenue to Skyline Drive
I curb to curb width of 52 feet.
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9) Prior to the approval of the final mapF the owner shall
process an adjustment plat ~7ith 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.
Hillside Drive through the project site shall be constructed
based upo~ 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 tinre as approved by the City Engineer,
Prior to the approval. of the fi.na1 n13.p~ the CevelOper shall
process a lot: line adjustment wi.t'n the property owner to the
west so that the slopes will become the property of the lower property owner and become his responsibility to maintain,
"/j32) Additional public and/or on-site fire hydrants are required,
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33) Submit two (2) copies of a site plan showing locations of
existing and proposed fire hydrants and on-site roads and
drives.
34) An all weather access road shall be maintained throughout
construction,
35) AI-1 required Eire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials being located on tho project site,
Brush clearance shall be maintained within a mi.nimum distance
of 30 feet to each residence. 36)
e8/PC RESO NO. 1938 -6-
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7) All fire alarm systems, fire hydrants, extinguishing systemsc
automatic sprinklers, and other systems pertinent to the
project shall be.submitted to the Fire Department for approval prior to construction.
arks and Recreation Department -.-
Street trees shall be planted at a minimum ratio of one per residence and shall be located subject to the approval of the
Plamning Director, Species shall be approved by the Director
of the Parks and Recreation Department,
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 4:400 square feet,
The open space ~1:reas 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 Assocation,
The open space area which is to b;. left in its natural state
shall- be hydroseeded and temporarily irrigated where deemed
necessary by tne Parks Department, Fire Department and Pl&:n- ning Department. Said hydroseeding shall consist of a seed
mix selected for its maximum fire-retardant characteristics,
PASSED, APPROVED AND ADOPTED at a regul-ar meeting of the
'lanning Commission of the City of Carlslsad, California, held on
:he 11th day of August, 1982, by the following vote, 4 to wit:
BY 13s : Chairman Farrow; Commissioners Jose, Friestedt,
arid Raw1 ins
NOES: None
ABSENT: Commissioners Schlchuber and Marcus
ABSTAIN: Commission Iiomho t is
-- VERNON J. FA'LIHOW, JR,, Chairman
CARISBAD PLANNING COMMISSION
4TTXST:
PC H13SO NO. 1.3'30 -7-