HomeMy WebLinkAbout1982-10-05; City Council; Resolution 70291
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RESOLUTION NO. 7029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORflIA, APPROVING A 15 LOT/222 UNIT
TENTATIVE TRACT MAP (CT 82-16) AND CONDOMINIUM PERMIT (CR-2 13) ON PROPERTY GENERALLY LOCATED TO THE NORTHWEST OF THE EASTERLY TERMINUS OF TAMARACK AVENUE. APPLICANT: TREETOPS UNLIMITED/CT 82-16/cp-213
WHEREAS, on August 25, 1982, the Carlsbad Planning
Commission adopted Resolution No. 2008 recommending to the City
Council that Tentative Tract Map (CT 82-16) and Condominium
Permit (CP-213) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
September 21, 1982, held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Tract Map (CT 82-16) and Condominium Permit
(CP-213); and
WHEREAS, said Tentative Tract Map and Condominium
Permit have been declared to have a nonsignificant impact on the
environment and a Negative Declaration was prepared and filed on
August 12, 1982 in compliance with the requirements of the City
of Carlsbad Environmental Protection 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.
B. That the findings of the Planning Commission in
Resolution No. 2008 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 82-16) and Condominium
Permit (CP-213) 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. 2008, dated August 25, 1982, 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
5th day of emy , 1982, by the following vote,
to wit:
AYES : Council Members Casler, Lewis, Chick, Kulchin and hear
NOES : None
ABSENT: None
ATTEST :
'n",,J 4A
MARY H. ASLER, Mayor
(SEAL)
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0 EXHIBIT A
-SOLUTION NO. 7029
V?i.t :
t’r;>=s been filed with the City of Carlsbad, and referred to the
FJ.anni-ng Commission; and
WHEREAS said verified application constitutes a request as
provided by Title 21 of the CarS.sbad F4iriiicipal Code; and
cc)itsic!ering all test inony and arguinents I if any, of all pe~csoris
ciilsiring to be heard said Commission troiisidered al.1 factors
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?‘he project’s density is consistent with the approved master
plan for this ~rca since 222 uiiits are proposed and the
Calavcra Hills Master Plan ~ould a1.10~ up to 300 dwelling
units at this site,
The site is physically suitable for the type and density of the development since the site is adequate in size and shape to
aceoi:iicod‘ te residential development zit the der,sity proposed
he project is consisteni with all city pul~,lic facility policic:
ordinances since:
The Pl.anni.:icj Commission has I bv incl.usj.on of an appropria%e
conditi.on to this project, rnsured that the final map will not be approved unless the City Council fin.ds that sewer
se~vice is avai1abl.e to serve the project. ~n atiditiol-i, t11c Pl.anning Commission has added a. conclition that a note shnl:
be placeci on the final imp that hizilding permits may not be
issued for ‘the project unless the City Encyineer determines that sewer service is available and bllildiiig cannot oc:cur
within the project anless sexer service remains avail-ab].(--.
the PLar1iling Comniission is satisfied that the requirementr;
of the public facilities element of the General Plan have
been. met in:;ofa.r as they .ap?Xy to sewer service for this
project,
The applicnnt shc?J.1 prov? de parks as required I3y the
Calavera J-li1-l~ PSaste~ Plzin. The City Council may however
requiwe park-in-lieu fees in lieu of dedications if it is s(
determined prior to Einal map approvc?l
All necessary pub1 ic improvements have been provided or will be required as conditions of approval.
The applicant has agreed and is required by the inclusion ol
an appropriate conZition to pay a pub1.i.c facilities fee,
Performance of that contr;ict ar?d papent of the fee will enable this hcjdy to find that public facilities will he
avail-able concurrent wj-th need 2s required by the General Plan.
Adequate water for the project will be provided
h I.et,terr has been submitted by the Carlshad School. llistrj ct,
dated July 8, 1902, ensuring that adeqilatc school facilitie:
will be availahlc to this prrojcct-. concurrent with need.
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[,and Use Planning Office
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The applicant shall prepare a reproducib1.c nty1a.r of the final
site plan incorporaking the conditions coii'caincd here.i.n. sai.C
site plan sha3.1 be suhmittted to and approved by the Idand use
Planning Manager prior to the issuance of building permits.
~hc appl.icant sha.11 establish a horwovner's association t;nd
corresponding couenan'cs conditions and restrictions Said
CC&K's shall be su.hmitted to and approved by the Land Use
Planniiig O2fice prior to final i-mp approval
Thc applicaiii; shal.1 prepare a detailed 1.aiidscape an5 irrigakic
plzn which shall be z;uhmitt.ed to and approved by the Land Use Planning IGanager prior to the issuance c? buildiilg prmits
A13 pairking 1.ot trees shal.:t be a minimum of 15 gall-ons in
size.
A I%.ster Plan of the existing on-site trees shall. be provi.dec? to the Lamid Use Planning Office as part of the final. gradin? plan to detemine which trees shz11 be required prior to th~? issus.nce of a gtadi.:ig permit or a building permit, ~hi~hev~?i:
oc@\Il:s f icst
A1.l landscaped areas shal-l be mzintnii-ied in a hezlthy and thriving conditLon, free froin weeds trash, and debris.
Any signs proposed for this developxent s!iall be designed in
conformnncc with Calavera Hills [/;aster Plan arid the city's Si9
Ordinance 2nd. shall require review and app~o~al of the Land Us
Planning Office pr:i:or to installation OE such signs
Ai1 guest p.?rking spaces within the parking areas shall be
clearly marked with pole signs
Prior to final. map approval the ?.ocation of the carports shall
be revised to comply wj.tIf the reqtiireinents of the Planned
Development (3rd inatice
Trash receptacle areas shall be enclosed by a G foot high
masonry wall wit-h gates p!ii:.suant to city stanciards Location
of ?aid rccept.aoles shall !le approved hy the Land Use Plamning
r.i a 11 a g e r e
All roof appurtenar?ces, including air conditioners, shc71.I he
archi.tec'iura1l.y ini:ccjrated and shielded from view and thc soun
buffered from aiiji-IccI2t properties and sti:ects to the satisfaction of the Land Use Planning Office and EuiIdirlg
Director.
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The project shall provide bus stop faci.lities at 1ocat.j.ons
subject to the satisfaction of the 1qortl.i County Transit Dis-
trict, Said fa.cilities shal.1 at a mj.:-iimum include a bench,
free fr~m advertising and a pole for the bus stop sign, The
bench and pole shall be dcsigrieci in i: manner so as to not.
detract from the basic architectural theme of the project and
said design slia1.1 be subject to the approval of the Land Use
Planning ~r,a:iager aiic’2 North County Transit District.
Prior to occupancy of any units within this property, il miiji~ilui of two acres in Village E-I or E-2 shall be devclopd as a recreatj.ona1- vehicle storage lot in accordance wi‘ch the requirements of the secrtiors of the Carlsbad Planned Developmen
Ordinance dealing with recreational vehicle storage %n l ieu of this requirement r‘ the developer may provide tempor
storage withj-17. the project which shall remain until the area i.i E-1 0;: 13-2 is developed This “ieraporary recreational vchicle
storage area. may be located in another portion of the Czl-avcra
H.il.1~ Raster Plan area subject to the approval. of the Idand Use
Planaing i&mc?gere If the cala~era 1liJ.l~ i%~stclr Plan is amendei
in regzrd to recreational vehicle storage the developer shall
comply with the p:Lan as a.mended,
Prior to occupancy et‘ any units, the appl-icant shall construct
clicectory signs zt the entra-iice to each pzrking area
indicati.ng the location of each unit. The design of these
signs shall be approved by the L,and Use PlanriLng Manager and
Fire Chief, ’,
Approval of this tentative tract- map shall expire twenty-four
months froi:l t!ie date of City Council ~pproval unless a final
map is recorded. Zin extension may 1x2 requesi-ed 1357 the ap-
plicant. Said extension shall. be approved or dcnied at the
discretion of the City Councj.l. In approving an extensicrt., thl city Council. nay irnpose new conditions and ma17 revise exj sting
conditions,
All. ground level patios shall have a minimum df;ncnsi.on of ten
feet D
Adlditioiial concrete crossovers with a broom finish shall be
placed at: the entrances to Lots 4r 5f 6 and 9 to thc satis€action of the Land Use Planning Manager e
I’ive foot baclcul) areas shd17. be provided at the ends of 211
pazlting areas to the satisfaction 01 the Land TJse Planning
Hanagcr e
‘Yhrce-foot !sigh solid decorntivc walls sha3.1 he constructed at
the ends of all op,cn parkjiiy stal.1~ arljaccnL to resj.c.3enc:cis to
shicld i:esidciices Lroin car hcadl ights.
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~hc developer shall. obk;c?in a grading permit prior to the COIII-
mencement of any clearing or grading of the site,
Irhe grading for this prc ject is defined as "cont.rolled gt-adj.ilg
by Section 11.06,170(a) of the Carlshrid li"luni.cipzl Code,
Grading shall be performed under the observation of a civil
engineer whose responsibil.it-y it shcI.1 be to, coordinate site
inspection and testj-ng to insure com2liance of the wort; with the apprcved grading plan subirlit required reports to the City
Engineer and verify ccmpliaace with Chapter 11 .OG 02 the
Carlsbad Muiiicipal Code,
LJpon cornpletion of grading I the developer shall insure t.hat an "as-yr;ided" geul.ogic plan shall be submitted to the City
Engineer. The pl&n ska1:l clearly show a1.I the qeologlj as
exposed by the grading operation, all geologic corrective
measures as actually constructed and ~ust be based 011 a cont.ou
map whicii Tepnesei-its both the pre and post 5it.e grading his plan shnL1 he signed by 139th the soi3.s engineer and the
engineering geologist ., The plan shall he prepared on a mylar or similar drafting filii: arid shall becoxie a permmeiit recordG
No Grac3i.n~~ shal.3. occuK outside the limits of the subdivisioii
unless a letter of permission is obtaiaed from the owners oE
the affected prcperties
kdc?it;ional. drainage easements and drainage structures shall be
provided or installed zs i,my be required hy the County
Deparkment of Sanitation and Flood Coiitt_^ol or the City Engi-
neer,
The develcper shall pay the current local drainage area. fee
prior to approval of the final maj? 01: shall construct drainac;e
systems in ~onformance with the I?as"icl: Drainage P1.m and City of Czrl.sbad Standards as required by the C:ity Engineer.
Land for a3.1 public streets and ea.sements shown oil the ten-
tative nap shall be dedicat-ed on the Eirial map and shall be grant,ed to city free and clear of 3.11 liens and encuiv1;crCznccs .,
AIL land i:ncl/or eascwnts required by this projcct shal-1 1312 granted to the city, without cost to the city, free and clcar of all. liens and encumberances.
Direct access rights for all. lots ahuttinl; Elm Avenue and
Tamarack Avenue shall- be waived on the final rnclp.
A13 pnbl ic: strccts sha3.L be iinprovecl by the developer based or1
ttic typi.caJ- sections shown on the tcnt-ativc map and in
conformance with City of Carlsbad Standards prior to occupc;ncy
of any bui3tli.nyi;.
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The develop:?r shall. instal.3. street trees at the equivalent of
40-fOO'~ intervals along all public street frontages in conforrmncc with City of Carlsbad Staiidnrds e The trees shall
he of a variety selecked fz-om the approved Street Tree List-,
The design of all private streets and drainage syst.ems sha3.S bl
approved by the City Engineer prior to approval of the final-
map, The structural section of 8.1.1. private streets shall concorm to City of Czrl-sbad Standarcls based on R-value tests ~ All private skreets and drainage SYS~~JXS shall he insperrtcx3 by
the city and the standard irnprovcnent plzn check ancf inspeztio fees shall be paid prriom: to appi-oval of the fin21 mapo
A1 J.. privake streeks and drainage systel!is shall be maintained h:
the homeovncr ' s association in perpetuity ~ This responsibi.1 it: shall be clearly stc?.ted in the CCER's.
AJ.3. concrete terrace drahs shall be maintained by the home--
owner's association (if on conmonly owi-~ed pr0pert.y) or the
i:ldj..vidual ptroper'iy owner (if on c3.n indivi6.ual.J.y own& lot) in perpetuity ~n appropriakely worded statement cle~rly -
identifyiny the responsibklity shall be placed ii? the CC&I?'s
Prior to the approva.1.. of the final map the subdivider shall
submit to the City Engineer for c7.pprovz.l. a conprehensive
hydrc;logic and geologic report prepared by a registered civi.3.
engir,eer detailing the effect that this and future adjacent
subdivisions will have on the ea.r_-thcn dam located at the northwest C:OKP~CK of t.his subdivlsion, :?his report shaj.1
contain recomyiendat ~OI-~S for ally nitigating ~i~easiires. necesszry to ensure the continued rcl.iability and safety of this earth
dam struc'ci3re The developer shall comp1.y with 211
mi'iigatir:g rni3asures i.ridicated in this report and shall
include these measures within the grading and irnprovernent
plans Cor this project.
All. pub1 ic inpi_oven~~!n~s shown on the tentative iaap shall. be
instal-l-c+d concurrent with the construction of the first uiii t:
should phasing of Units be requested by the developer,
The developclr shall provide for .the construction clf half
street improvemelit of Tariiaracl; Avenue from the subdivision
boundary at E1.m Avenue to the north easterly terminus of the
existing Tanarack Avenue
The developer shall. construct desiltatinn basins of a type and
size and at. locations as approved by th? City Engineer. 'Vhc
developer shall enter into a dcsiltation bas in ~nainten~?ncc agreement and :;uImi.t a maintenance bond sakisfactory to the City Eng inoer prior to the approval of the final. ntap for tili:; proljcct The provis j-ons of t:tiis agreenictit shall ~pply to- any
off--<si.te horrow site:; whic!~ may bc util izcd in the
conskruction of this project as required by the City 1:i-i~~ incer
?C RES0 NO. 2008 -7-
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The owner oT the subject property shall execute a hold harmless agrecrrtent regarding drainage across the adjacent property prior to approval cl-‘ the final map.
The City CoLIncj.1. hc?s acquired faciij ties to produce rcclaincd water and is doing a master plan for the use of reclained
water, In order to insure an adequate water supp1.y for the city arid this dcvclopaient, it may he necessary for the app1icai1t to use Type I reclaimed water in the commoi-1 arc?as of
the subd ivisioii, This project shall. cornply with the require-
ments of the reclaimcd water 1m~i3er pLan as zdopted by the Cit
Council e If th~! plBn so provides the applicant s1l;ri.l. construct dual. sys’ceins for reclaimed water in accordance .i.ii.t.h
Title 17 ,of the kdministrztive Code and cj-t.y standards. Thz covenants, ccnditionc and restrictions fox- the sub(? ivision
s!-lall provide for a homeowners association with the
responsibiiity for the use OF reclaimed water ai-d for the
maiEtenancc a::d opera.*r.iotl of the system in accordc7;nce with cic:
standards in the event a reclaimed water system is :required e
The City Engii-lccr may require the installation. cf sleeves at czoss~~ng poi.ii’Cs to pircvi.de for the possibili.ty of reclaimed
water service ’io properties adjacent to this division.
The developer shall provide for all. the nccessarl7 offsite
easements and improveinents necessary to convey the sewage fror
this subdivision to the Calave~~a Hills Sewer Reclamation
Facil -.i. ..t--y, Should the developer be grmted permission by City
Council to tenpora;:ill7 connect to the Encina Sewer ’i’reatrnent
Fac:ilj.ty the developkr shall pirovidc any additional easements
arid ir,iprdvenenks necessary to convey t.he scw,?.!ge to an existing
Encina trunkline facility In aadition the developer shall bCi required to upgrsde any portion of the existing Encina
trunkline facility necessary to prevent the existing :Line frorr
exceeding cpipacity as a result of tite added flow caiiseci by thi
development
Prior to the approval of the final mzp for this project: the
developer shall pi:ovide for a sccroridary road outlet to the subdivision consistent with the provisions of the C,slavera
I-lj-lls Master PJ.an The alignncnt aid wj.dLh of the proposed
irnproveincnts shall he as a.pproved by the Cifi-q Enqinc:er This
secondary acccss road shal.1 be iilstalled prior to t:i~e
occup2ncy of the 500t.l-I unit in the Lake Cal.avera I3i.I.l~ F4aster
Pial? area,
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50) Additional public and/or on-site fire hydrants are required,
5.1) Submit two (2) copies of a sitc plan showing locations of
existing and proposcct fire hydrants and on-site roads and
dri vc:s e
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A1 1. required fire hydrants 1~7atcr naj-ns and appurtenances shal
be opcratioilal pk: ior to cm~?hustible building naterials bcing
located on the project site,
All private driveways shall he kept clear of parked vehiclcts a
a31 times and shsll- have postcd "NO Parkirig/fl'ire Lane TOW Av:a> zone" pursiiant to Section 17 -04.040, Carlshaci Nunicipaf Code,
Fire retardant i:oofs arc required on all structures.
Brush clearance s!iall be r.aintaine(5 within a mini!nu~n distance
oE 30 feet to each residence,
~l.1 fixe .a.larm spstems fire 1-iydxants exti.nyuishir~~~ s17stems I
automatic sprj-nklers and other systems perti.nen,t to the
project shall be submitted to the Fire Departxpnt for approval prior to coiistructioiz,
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The landscaping a.long the edge of the future right-of-way of
Tamarack Avenue arid Elm Aveniie sha.ll. comply with the Pilrks and
Recreation Depsrtment ' s streetscape theme E
?'he developer s12~iI.I apply and germinate an approved seed mix
as part or'. the erosion control. measure on ali graded pads f.e?t
for futui:? consideration a1.d al.1 off-site borrow areas ~ This
treatment shall be performed directly after the rouc~1-i gradi.ng
operation i.s over,
All slope landscaping shc?ll proyide effective erosion. control
comply wit11 the ~alavera ~i1I-s Illaster 'Plan on fire protcctiot-i
and he desj-gncd to nmke a visual transition from the nati.vk vegetation to 2 Cl;ltivated landscape,
Prior to OCCLI~~IIC~ of aiiy iinits withj..n this project the
ap~?LicaiiC sha1.1 ins'cal.1 two lighted I concrete tennis coii~-ts
as per previous rigrccrccnt with the city or ot-her imp?i'ovc!.ncnts
of equal. val~le to the satisfaction of the Director oi PaKPx ani
Re cr e a t ion
For pcirposes of plnnting and maintenance I the common sl.op,e arezs shall hc classified clccording ko City Council I?olicy No.
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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 Tamarack and Elm shall be classified as refined vegetation, C)
64) All street trees shall be selected from the street tree list approved by the Parks and Recreation Department. All street
trees shall be planted a minimum of 10 feet from curbs and 5 ~ feet from sidewalks,
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on
the 25th day of August, 1982, by the following vote, to wit:
AYES : Commissioners Marcus, Jose, Rombotis, Friestedt,
Rawlins
NOES : None
ABSENT: Chairman Farrow; Commissioner Schlehuber
ABSTAIN: None '
i , Pro Tem, Chairman ANNING COMMISSION
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