HomeMy WebLinkAbout1984-01-17; City Council; Resolution 7472,
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RESOLUTION NO. 7472
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS AN
AMENDMENT TO A PREVIOUSLY APPROVED 64-UNIT
TENTATIVE TRACT MAP CT 82-5(A) AND PLANNED UNIT
DEVELOPMENT PUD-39(A) TO ADD ONE ADDITIONAL UNIT
AND LOWER THE GRADE ELEVATION OF THE SOUTHERLY ONE
HALF OF THE PROJECT BY 4 FEET ON PROPERTY GENERALLY
LOCATED WEST OF NEBLINA DRIVE AND SOUTH OF FUTURE
TAMARACK AVENUE IN THE R-A-IO,OOO ZONE.
APPLICANT: WESTANA/TELESCOPE POINT
CASE NO: CT 82-5(A)/PUD-39(A)
WHEREAS, on December 14, 1983 the Carlsbad Planning
Commission adopted Resolution No. 2229 recommending to the City
Council that an amendment to a previously approved 64 unit
Tentative Tract Map CT 82-5(A) and Planned Unit Development (PUD-
8(A)) to add one additional unit and lower the grade elevation of
the southerly one half of the project by four feet be approved;
and
WHEREAS, the City Council of the City of Carlsbad, on
January 3, 1984 held a public hearing to consider the
recommendations and hear all persons interested in or opposed to
amended Tentative Tract Map CT 82-5(A) and Planned Unit
Development (PUD-8(A)); and
WHEREAS, said Tentative Tract Map and Planned Unit
Development have been declared to have a nonsignificant impact
on the environment and a Negative Declaration was prepared and
filed on November 23, 1983 in compliance with the requirements
of the City of Carlsbad Environmental Portection 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.
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B. That the findings of the Planning Commission in
Resolution No. 2229 constitute the findings of the City Council
in this matter.
C. That said Tentative Tract Map and Planned Unit
Development, 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(A) and Planned
Unit Development PUD-39-(A) is 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. 2229, dated December 14, 1983, 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
17th day of JanuarY , 1984 by the following vote, to
wit:
AYES:
NOES: None
ABSENT: None
Council Members CasleE, Lewis, Kulchin, Chick and Prescott
J'/t
LA
MARY H. FASLER, Mayor
ATTEST:
h, d ALETHA L. RAUTE
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PLANNING COMMISSION RESOLUTION NO. 2229
- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO A PREVIOUSLY APPROVED 64-UNIT TENTATIVE TRACT
MAP AND PLANNED UNIT DEVELOPMENT TO ALLOW A TOTAL OF 65
LOTS ON PROPERTY GENERALLY LOCATED WEST OF NEBLINA DRIVE
AND SOUTH OF FUTURE TAMARACK AVENUE IN THE R-A-10,000
ZONE. APPLICANT: \JESTANA/TELESCOPE POINT
CASE NO: CT 82-5(A)/PUD-39(A)
WHEREAS, a verified application for certain property, to
Nit:
A portion of Lot 1 of Rancho Agua Hedionda according to
Map No. 823 filed in San Diego County, November 16, 1896,
xas been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
9s provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 14th day of
3ecember, 1983, hold a duly noticed public hearing as prescribed by
Law, to consider said request: and
WHEREAS, at said public hearing, upon hearing and
zonsidering all testimony and arguments, if any, of all persons
jesiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Development;
snd
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Zommission 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 82-5(A)/PUD-39(A), based
on the following findings and subject to the following conditions:
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Findings:
T<e 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 land use element of the general plan.
The site is physically suitable for the type and density of
the development.
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 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.
The Carlsbad School District has written a letcer, stating
that school facilities will be available to this project.
Park-in-lieu fees are required as a condition of ap-
proval.
All necessary public improvements have been provided or
will be required as conditions of 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 properties are designated for
residential development on the general plan.
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PC RES0 NO. 2229 -2-
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5) The Land Use Planning Manager has determined that this project
wiA-1 have no impact on the environment and, therefore, has
issued a Negative Declaration, dated November 23, 1983 which
was approved by the Planning Commission on December 14, 1983.
Senera1 Conditions:
Approval is granted for CT 82-5(A)/PUD-39(A), as shown on
Exhibit "A", dated December 14, 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 October
21, 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.
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.
Water shall be provided by the City of Carlsbad unless some
other arrangement is approved by the City Council.
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PC RES0 NO. 2229 -3-
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Planninq
Thz- 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.
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 applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building
permits.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
The applicant shall submit a street name list consistent with
the City's street name policy subject to the Land Use Planning
Manager's approval prior to final map approval.
Approval of this tentative tract map shall expire twenty-four
months from the date of City Council approval unless a final
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.
Approval of this resolution supercedes Planning Commission
Resolution No. 1998.
Enqineerinq
15) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
16) The grading for this project is defined as "controlled grading'' by Section 11.06.170(a) of the Carlsbad Municipal
Code. The developer shall submit a grading plan for approval
which shall include all required drainage structures and any
required erosion control measures. The developer shall also
submit soils, geologic or compaction reports if required and
shall comply with all provisions of Chapter 11.06 of the
Carlsbad Municipal Code.
17) No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of the affected properties.
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PC RES0 NO. 2229 -4-
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The developer shall pay the current local drainage area fee
pri-or 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.
Land for all public streets 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 encum- brances.
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.
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 inspection fees shall be paid prior to approval of the final map.
All 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 CC&R'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 result of this study,
they shall be included in the improvement plans for this
subdivision.
The waterline at the east end of Street A shall be looped to
an existing 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 subdivider shall provide additional drainage structures
and easements as required by the City Engineer upon submittal
of the storm drainage hydrology calculation for the
subdivision.
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PC RES0 NO. 2229 -5-
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Prior to the approval of the final map, dedications must be
ma-&, improvement plans approved and an improvement agreement and bonds submitted for the following streets:
1. High Ridge Avenue within the property boundary lines
based upon a right-of-way width of 60 feet and a curb to
curb width of 40 feet.
2. Street "A" from High Ridge Avenue to the future connection
to Skyline Drive based upon a right-of-way width, as shown
on the tentative map, and a curb to curb width of 41
feet .
Prior to the approval of the final map, the Owner shall
process an adjustment plat with 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 upon 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 time as approved by the City Engineer.
Prior to approval of the grading plans for this site, the
developer shall design an three foot bench across the slope
adjacent to lots 61 through 65. This bench system may drain
into the storm drain adjacent to lot 61 through an approved
inlet.
Fire Department
31) Additional public and/or on-site fire hydrants are required.
32) Submit two (2) copies of a site plan showing locations of
existing and proposed fire hydrants and on-site roads and drives.
33) An all weather access road shall be maintained throughout
construction.
34) All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials being located on the project site.
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PC RES0 NO. 2229 -6-
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35) Brush clearance shall be maintained within a minimum distance
of-30 feet to each residence.
36) 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.
?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
Planning 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 1~400 square feet.
The open space areas 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 Association.
The open space area which is to be left in its natural state
shall be hydroseeded and temporarily irrigated where deemed
necessary by the Parks Department, Fire Department and
Planning Department. Said hydroseeding shall consist of a seed mix selected for its maximum fire-retardant characteristics.
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PC RES0 NO. 2229 -7-
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za
-- -PASSED, APPROVED AND ADOPTED at a regular meeting of the
'lanning Commission of the Ci-y of Carlsbad, California, held on
:he 14th day of December, 1983, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners Marcus,
NOES : None .
ABSENT : None.
ABSTAIN : None.
Rombotis, Lyttleton, Rawlins and Farrow.
CLARENCE CARLS BAD
iTTEST :
-- -~ IICHAEL J. HOLZMILLER
,AND USE PLANNING MANAGER
SCHLEHUBER, Chairman
PLANNING COMMISSION
PC RES0 NO. 2229 -8 -
b YOCATION MAP
TELESCOPE POINT