HomeMy WebLinkAbout1984-01-03; City Council; Resolution 7457RESOLUTION NO. 7457
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A 406 UNIT PLANNED UNIT DEVELOPMENT AND SUBDIVISION CT 83-21/PUD-57 ON PROPERTY GENERALLY
LOCATED IN VILLAGES 0 AND P-1 OF THE CALAVERA HILLS MASTER PLAN AREA. APPLICANT: TREETOPS UNLIMITED
CASE NO. : CT 83-21/PUD-57
WHEREAS on November 13, 1983, the Carlsbad Planning
Commission adopted Resolution No. 2224 approving subdivision
and planned unit development CT 83-21/PUD-57; and
WHEREAS, the City Council of the City of Carlsbad, on
December 20, 1983 held a public hearing to consider the
recommendations and heard all persons interested in or opposed tc
subdivision CT 83-21 and planned unit development PUD-57; and
WHEREAS, said subdivision and planned unit development
project has been declared to have a nonsignificant impact on the
environment and a Negative Declaration was prepared and filed on
November 1, 1983 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. 2224 constitute the findings of the City Council
in this matter.
C. That subdivision CT 83-21 and planned unit
development PUD-57, together with the provisions for their design
and improvement and subject to the conditions of this resolution,
are consistent with all applicable general and specific plans of
the City of Carlsbad.
D. That subdivision CT 83-21 and planned unit
development PUD-57 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. 2224, dated November 23, 1983 marked Exhibit A,
attached hereto and made a part hereof, with the exception of
the following wording to be added to Condition No. 39:
"In the event College Avenue has not been constructed at the time this extension is required, the developer
shall also extend College Avenue to an existing
street based on a pavement width of not less than 28 feet in a right-of-way of not less than 51 feet subject to the approval of the City Engineer."
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 3rd day of January , 1984, by the following
vote, to wit:
AYES:
NOES: None
Council Mrs Casler, Lewis, Kulchin, Chick and Prescott
ABSENT: None
MARY H.&ASLER, Mayor
ATTEST:
zlLhA.d ALETHA L. mUTENKRANZ, City Berk
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wit:
has been
Planning
PLANNING COMMISSION RESOLUTION NO. 2224
A RESOLUTION OF THE PLANNING COMMISSION OF THE
APPROVAL OF A 406 UNIT TENTATIVE TRACT MAP AND
PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY
LOCATED IN VILLAGES 0 AND P-1 OF THE CALAVERA
APPLICANT: TREETOPS UNLIMITED
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
HILLS MASTER PLAN AREA.
CASE NO: - CT 83-21/PUD-57
WHEREAS, a verified application for certain property, to
A portion of Lot "J"
Map No. 823 filed November 16, 1896,
of Rancho Agua Hedionda according to
filed with the City of Carlsbad, and referred to the
Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 23rd day of
November, 1983, hold a duly noticed public hearing as prescribed by
law, to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Development;
and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on evidence presented at the public hearing, the
Commission recommends APPROVAL of CT 83-21/PUD-57, .based on the following findings and subject to the following conditions:
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Findings :
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The project is consistent with the City's general plan since
the proposed density of 3.86 du's/acre is within the density
range of 0-4 du's/acre specified for the site as indicated on
the land use element of the general plan. The project is also consistent with the approved Master Plan for this area since
406 units are proposed and the Calavera Hills Master Plan
would allow up to 416 dwelling units on 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 accommodate.residentia1 development at the density pro-
posed.
The project is consistent with all City public facility pol-
icies and ordinances since:
a) 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 the project
unless sewer service remains available, and 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 project.
b) The Carlsbad School District has written a letter, dated
August 23, 1983, stating that school facilities will be
available to this project.
c) The applicant shall provide parks as required by the
Calavera Hills Master Plan. The City Council may,
however, require park-in-lieu fees in lieu of dedications if it is so determined prior to final map approval.
d) All necessary public improvements have been provided or
will be required as conditions of approval.
e) 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.
The proposed project is consistent with the City's Planned
Development Ordinance and also complies with the Design
Guidelines Manual.
RESO NO. 2224 -2-
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5) The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for
residential development on the general plan.
6) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land Use Planning Manager on November 1, 1983 and approved by the
Planning Commission on November 23, 1983.
Conditions:
Approval is granted for CT 83-21/PUD-57, as shown on
Exhibits "A" - "W", dated November 9, 1983, incorporated by reference and on file in the Land Use Planning Office.
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 as of the time of such approval that sewer service is
available 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 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 April 2, 1982, 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 August
19, 1983, is on file 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.
The applicant shall pay park-in-lieu fees to the city prior
to the approval of the final map as required by Chapter 20.44
of the Carlsbad Municipal Code unless other provisions are
made pursuant to the Calavera Hills Master Plan.
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.
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 Land Use Planning Manager prior to the issuance of building permits.
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The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Land Use
Planning Manager prior to final map approval. The CC&R's for
this project shall contain a statement that there is a rock
extraction and crushing operation located in close proximity
to this subdivision.
The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the Lanc
Use Planning Manager prior to the issuance of building permits.
A 500' scale map of the subdivision shall be submitted to the
Land Use Planning Manager prior to the recordation of the
final map. Said map shall show all lots and streets within
and adjacent to the project,
All parking lot trees shall be a minimum of 15 gallons in
size.
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 City's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to
installation of such signs.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, pursuant
to Building Department Policy No. 80-6, to the satisfaction 0.
the Land Use Planning Manager and Building and Planning
Director.
The applicant shall submit a street name list consistent with
the City's street name policy subject to the Land Use Planninc Manager's approval prior to final map approval.
The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The
bench and pole shall be designed in a manner so as to not
detract from the basic architectural theme of the project and said design shall be subject to the approval of the Land Use
Planning Manager and Morth County Transit District.
All two-car garages in the zero lot line and duplex areas
shall have a minimum interior dimension of 20 feet.
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8)
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Prior to occupancy of any units within this property, a minimum of two acres in Village I shall be developed as a recreational vehicle storage lot in accordance with the section of the Carlsbad Planned Development Ordinance dealing with recreational vehicle storage. In lieu of this requirement, the developer may provide temporary RV storage within the project which shall remain until the area in Village I is developed.
Stamped concrete crossovers or some suitable alternative shall be constructed at the entrance to all private streets within the fourplex area subject to the approval of the Land Use Planning Manager.
Three foot high, solid decorative walls or solid landscape hedges shall be constructed at the ends of all open parking stalls adjacent to residences to shield residences from car headlights.
All garages in the fourplex area shall maintain a 5 fkt -- 7 foot or 20 foot setback from the private driveways.
All duplex and zero lot line units shall maintain a 20 foot frontyard setback and have a private rearyard with a minimum dimension of 15 feet.
All units shall maintain a minimum 30 foot setback from Tamarack Avenue,
All fourplex units shall maintain a minimum 20 foot separation between buildings.
All guest parking spaces shall-be clearly marked with pole signs,
Within six months of approval of this tentative tract map the applicant shall plant a thick screen of eucalyptus trees along their northerly property boundary.
Snq ineer ing Conditions :
17) The sewer pump station shall be an in-ground reinforced concrete station with a wet well holding capacity of not less than 5 hours flow. The design shall be subject to the approval of the City Engineer.
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The sewer pump station shall be served by a paved access
drive with a width of at least 12 feet. The design shall be
subject to the approval of the City Engineer. ~n easement or
grant of land over the access drive and sewer pump station
site shall be dedicated to the City. Said dedication and
depiction on the final map as a lot or easement shall be
subject to the approval of the City Engineer.
The sewer pump statio shall have sufficient capacity to serve
all of the subject tentative map as well as Villages M, N and
Q. The developer may be eligible for reimbursement for
oversizing in accordance with Section 13.08.050 of the City
Code.
Grading
The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
The i ng
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grading for this project is defined as "controlled grad-
by Section 11.06.170(a) of the Carlsbad Municipal Code.
.ing 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 as actually constructed and must be based on a con-
tour 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.
No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties.
All slopes within this project shall be no steeper than 2:l.
Drainaqe
35) Additional drainage easements and drainage structures shall be
provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City Engi- neer.
36) The developer shall pay the current local drainage area fee
prior to approval of the final map or shall construct drain-
age systems in conformance with the Master Drainage Plan and
City of Carlsbad Standards as required by the City Engi-neer.
PC RES0 NO. 2224 -6 -
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Dedications
37) Land for all public streets and easements sho n 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 encum- brances.
Public Improvements i
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Private Streets and Drainacre
Except for Tamarack Avenue, all 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 within the same
unit.
Tamarack Avenue shall be improved full width within each unit
prior to the occupancy of any buildings within that unit. The street shall be extended south to the existing Tamarack
Avenue based on a pavement width of not less than 28 feet in
a 60 foot right-of-way prior to the occupancy of any buildings in the subdivision. Tamarack Avenue shall be extended to College Avenue based on a pavement'width of not less than 28 feet in a 30 foot minimum right-of-way prior to the occupancy of any buildings in Units 2, 3 or 4.
The developer shall comply with all the rules, regulations anc
design requirements of the respective sewer and water agencie:
regarding services to the project.
Streets to be utilized by bus traffic shall be designed so as to provide ready access of buses to through streets and engineered to accommodate heavy vehicle traffic. Said street
design shall provide a minimum 40 foot roadway and shall be
subject to the approval of the City Engineer.
Tamarack Avenue shall be developed with a 40 foot curb to curb width within a 60 foot right-of-way. The portion of the
right-of-way behind the curb may be expanded to 12 feet on one side and reduced to eight feet on the other side subject
to the approval of the City Engineer, Land Use Planning Manager and Parks and Recreation Director. Sidewalks shall be constructed on both sides of Tamarack Avenue.
43) 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 checl
and inspection fees shall be paid prior to approval of the
final map.
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~ll private streets and drainage systems shall be maintained
by the homeowner's association in perpetuity. This respon-
sibility shall be clearly stated in the CC&R's.
All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CCbR's.
All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
Parking spaces shown on lot 76 in Unit 1, lot 180 in Unit 2
and lot 206 in Unit 3 are not approved and shall be relocated subject to the approval of the City Engineer.
liscellaneous
18) Approval of this tentative tract map shall expire twenty-four
months from the date of City Council approval unless a.fina1
map is recorded. An extension may be requested by the applicant. 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.
?ire Conditons:
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Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshall.
The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and
on site roads and drives subject to the approval of the Fire Marshall.
An all weather access road shall be maintained throughout
construction.
All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials
being located on the project site.
All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow
Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval prior to construction.
?C RES0 NO. 2224 -8-
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j5) Landscaping of Open Space areas adjacent to development shall conform to the standards of the Fire Protection Plan in the
City's Landscape Guidelines Manual.
?arks and Recreation:
56) Prior to occupancy of any units within this project, the applicant shall install two lighted, concrete tennis courts per previous agreement with the city or other improvements of equal value to the satisfaction of the Director of Parks and Recreation.
57) Tamarack Avenue shall be landscaped to the satisfaction of the Director of Parks and Recreation.
i8) All street trees shall be located outside of the right-of-way of all public streets.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
'lanning Commission of the City of Carlsbad, California, held on
:he 23rd day of November, 1983, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Marcus,
ROmbOtiS,. Farrow and Rawlins.
NOES : None.
ABSENT: Commissioner Lyttleton
ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ITTEST:
LAND USE PLANNING MANAGER
?C RES0 NO. 2224 -9-
* "LOCATION MAP
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VILLAGE 'Pl'
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TREETOPS UNLIMITED I CT 83-2 1 /PUD-57 13 x