HomeMy WebLinkAbout1985-02-05; City Council; Resolution 7904RESOLUTION NO. 7904
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS A
248 LOT TENTATIVE MAP CT 84-35 ON 85.5 ACRES OF
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF THE SOUTHERLY TERMINUS OF PONTIAC DRIVE.
APPLICANT: FALCON HILLS CASE NO.: CT 84-35
WHEREAS, on December 12, 1984, the Carlsbad Planning
Commission adopted Resolution No. 2395 approving tentative tract
map CT 84-35; and
WHEREAS, the City Council on January 15, 1985 held a
public hearing to consider the recommendations and heard all
persons interested in or opposed to tentative tract map CT 84-35
C. That tentative tract map CT 84-35 together with the
and
WHEREAS, said Tentative Tract Map has been declared to
have a nonsignificant impact on the environment and a Negative
Declaration dated November 19, 1984 was prepared, approved and
filed by the Planning Commission on December 12, 1984 in
compliance with the requirements of the City of Carlsbad
Environmental Protection Ordinance of 1980 and the California
Environmental Quality Act; ; and,
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. 2395 constitute the findings of the City Council
provisions for its design and improvement and subject to the
conditions of this resolution, are consistent with all applicabl
in this matter.
a general and specific plans of the City of Carlsbad.
D. That subdivision CT 84-35 is hereby approved subject
to all applicable requirements of the Carlsbad Municipal Code ani
to the satisfaction of the conditions contained in Planning
Commission Resolution No. 2395 dated December 12, 1984 marked
Exhibit A attached hereto and made a part hereof with the
addition of condition 54 to read as follows:
"54. All trees on the sight shall be retained. If the City Engineer determines it is necessary to remove any trees in
order to develop the property in accordance with this resolution or if any trees are otherwise removed the developer shall replac4
them on a one to one basis with trees of equal size."
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
5th day of ~ebruary , 1985 by the following vote, to wit:
AYES: Council MSrbers Casler, Lewis, Kulchin and Chick
NOES: None
ABSENT: None
ABSTAIN: Council Maker Pettine
ATTEST :
J ALETHA L. RAUTENKRANZ, City Clerk
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PLANN C - M SSION, RESOLUTION NO. 2395
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 248 LOT
TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED ON THE
SOUTH SIDE OF THE SOUTHERLY TERMINUS OF PONTIAC DRIVE.
APPLICANT: FALCON HILLS CASE NO.: CT 84-35
WHEREAS, a verified application for certain property to,
dit:
That portion of Lot J of Rancho Aqua Hedionda according tc
Map No. 823 filed November 16, 1896,
nas been filed with the City of Carlsbad, and referred to the
Planning 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 12th day of
December, 1984, hold a duly noticed public hearing as prescribed b]
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any,
desiring to be heard, said Commission considered
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED b
Commission as follows:
of all persons
all factors
r the Planning
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 84-35, based on the
following findings and subject to the following conditions:
Find ings :
1) The project is consistent with the City's general plan since
the proposed density of 2.9 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. As a standard
single family subdivision, the project helps fulfill one of the goals of the General Plan which is to provide a variety c
housing types in the City.
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The site is ph si
development since
ally suitable for the type and density of th
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 appropriat
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 satisfie
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 letter, dated
September 13 and November 1, 1984, stating that school facilities will be available to this project.
Park-in-lieu fees are required as a condition of approval,
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.
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 will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on November 19, 1984 and approved by the
Planning Commission on December 2, 1984.
Conditions :
1) Approval is granted for CT 84-35
dated November 5, 1984, incorpor in the Land Use Planning Office.
as shown on Exhibit "A" I
ted by reference and on file
Development shall occur
substantially as shown unless otherwise noted in these conditions.
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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 sewei 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 Cit: 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 December 13, 1984 and July 24, 1984, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, thi,
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 ti 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 to this project pursuant to the Water
Service Agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983.
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. These CC&R's
shall be accompanied by a detailed map showing the slopes that are to be maintained by the homeowner's association. A
maintenance district to care for these slopes may be substituted for a homeowner's association.
The applicant shall prepare a detailed landscape and irrigatio
plan which shall be submitted to and approved by the Land 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 fina map. Said map shall show all lots and streets within and adjacent to the project.
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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 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 concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction o 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 Planning
Manager's approval prior to final map approval.
The developer shall provide a minimum of 25% of the lots with
adequate sideyard area for Recreation Vehicle storage pursuant
to City Standards. The C.C.&R.'s shall prohibit the storage o recreational vehicles in the required front yard setback.
The developer shall display a current Zoning and Land Use Map in the sales office at all times, and/or suitable alternative to the satisfaction of the Land Use Planning Manager.
All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and
existing schools, parks, and streets.
Building identification and/or addresses shall be placed on a1
new and existing buildings so as to be plainly visible from th street or access road; color of identification and/or addresse shall contrast to their background color.
All development shall comply with the standards of the R-1
zone.
Prior to issuance of a grading permit the applicant shall
submit a detailed plan showing how the trees on lots 63 and 64
will be preserved.
During construction activity, a barrier shall be placed across
Pontiac Drive along the northerly property boundary of this
project to prevent construction traffic from driving through
the existing neighborhood. This barrier shall not be removed
until the construction of Pontiac Drive to Tamarack Avenue has been completed.
Engineering Conditions:
22) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
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"Geotechnical Caution:
1) The possible existence of ancient landslides within the boundaries of this subdivision has been noted in the Soil
& Geologic Investigation for this subdivision.
with the possible landslides and/of mudflows have been
required as a condition of approval for the tentative map for this subdivision.
3) The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure and subsequent damage that may occur on, or adjacent to, this subdivision due to
its construction, operation or maintenance."
2) Mitigation measures to alleviate the hazards associated
The developer shall execute a hold harmless agreement and
indemnify the City regarding any damage and/or claims that may
arise through any geological failure and subsequent damage thal
may occur on, or adjacent to, this subdivision due to its
construction operation or maintenance.
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 as actually constructed and must be based on a contou
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.
A separate grading plan shall be submitted and approved and a
separate grading permit issued for the borrow or disposal site
if located within the city limits.
All slopes within this project shall be no steeper than 2:l.
The developer shall place the following notes on the final
map :
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The owner of the subject property shall execute a hold harmlesc agreement regarding drainage across the adjacent property prioi to approval of the final map for this project.
Prior to hauling dirt or construction materials to any proposec
construction site within this project the developer shall
submit to and receive approval from the City Engineer for the
proposed haul route. The developer shall comply with all
conditions and requirements the City Engineer may impose with
regards to the hauling operation.
The developer shall make an offer of dedication to the City foi all public streets and easements required by these conditions
or shown on the Tentative Map. The offer shall be made Prior
to issuance of any building permit for this project. All land
so offered shall be granted to the City free and clear of all
liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated.
The developer shall exercise special care during the construction phase of this project to prevent any off-site siltation. The developer shall provide erosion control
measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to
the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or
approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
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.
The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall
construct drainage systems in conformance with the Master
Drainage Plan and City of Carlsbad Standards as required by th
City Engineer.
Direct access rights for all lots abutting Pontiac Drive shall
be waived on the final map.
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Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the City
Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the
tentative-map and the following improvements to City Standards
the satisfaction of the City Engineer:
All improvements shown on the tentative map except as modified herein Storm drain facilities to conduct storm waters to existing storm drain facilities and/or channels
Temporary cul-de-sacs, barricades and traffic advisory and warning signs at the ends of streets that are interrupted
by project phasing
Pontiac Drive to 60 foot wide collector street standards from Tamarack Drive northerly to the southerly line of thir
project excepting only that the pavement width may be 28
feet, asphalt berms installed at the pavement edges, and D-
22 asphalt concrete spillways used to lead street surface
drainage into the storm drain system. The storm drain,
water and sanitary sewer systems within the off-site
southerly portion of Pontiac Drive shall be designed and
constructed as shown on the Tentative Map for CT 84-14. Except as noted herein the developer shall size all facilities so as to accommodate "build-out" conditions.
Pontiac Drive to 60 foot wide collector street standards within this project. All of Pontiac Drive within this
project and all of Pontiac laying to the south of this
project to Tamarack Avenue shall be designated "NO PARKING' and shall be appropriately painted and signed
The following streets to full width collector street
standards. "A" Street from the easterly line of El Camino Mesa subdivision to its intersection with "B" Street, "B"
Street from "A" Street to ''E" Street, "E" Street to "F"
Street, "F" Street from "E" Street to Pontiac Drive and "HI Street for its entire length Streets not otherwise designated herein
Unless a standard variance has been issued, no variance from
City Standards are authorized by virtue of approval of this
project plan or tentative map.
All improvements shown on the conditionally approved tentative
map or required herein within an individual phase, shall be
completed prior to issuance of a Certificate of Occupancy for
any dwelling unit in that phase. The portions of Pontiac Drivc from the southerly line of this subdivision to Tamarack Avenue,
and "A" Street from the westerly line of this subdivision to the existing easterly terminus uf Valewood Drive shall be constructed as a portion of Phase I. Water, sewer and storm
drain facilities that are located in an unbuilt, higher
numbered phase and that the City Engineer shall deem as
necessaray or desirable to be constructed, shall be constructec at such time and with such phase as the City Engineer may
direct.
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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.
Should the developer decide to final map and develop phases ou'
of numerical sequence with the approved phasing as shown on thl tentative map all conditions required of the preceeding phases
shall be completed unless otherwise approved by the City
Engineer and the Land Use Planning Manager.
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.
Some improvements .shown on the Tentative Map and/or required b
these conditions are located off-site on property which neithe
the City nor the subdivider has sufficient title or interest t
permit the improvements to be made without aquistion of title
or interest. The subdivider shall conform to Section 20.16.09 of the Carlsbad Municipal Code.
All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work* Each sheet shall
be signed and sealed, except that bound documents may be signe
and sealed on their first page, Additionally the first sheet
of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a review
only and does not relieve me, as Engineer of Work, of my responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY Date:
R.C.E. NO. #
(Name of Engineer)
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Prior to recordation of any final map for this development for
this project, the owner shall give written consent to the
annexation of the area shown within the boundaries of the
Tentative Map into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1.
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.
?ire Conditions:
Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal.
The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and 01
site roads and drives to the Fire Marshal for approval.
An all weather access road shall be maintained throughout
construction.
All required fire hydrants, water mains and appurtenances shal be operational prior to combustible building materials being
located on the project site.
Brush clearance shall be maintained according to the
specifications contained in the City of Carlsbad Landscape
Guidelines Manual.
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.
The developer shall provide to the Fire Department a 400 foot scale street map. The map shall include all streets, fire hydrant locations, and street names. The plan shall be submitted prior to the issuance of Building Permits.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
'lanning Commission of the City of Carlsbad, California, held on
:he 12th day of December, 1984, by the following vote, to wit:
AYES : Chairman Rombotis, Commissioners Marcus, Schlehuber, Smith and Farrow.
NOES : Commissioners McFadden and L'Heureux.
ABSENT : None.
ABSTAIN: None.
JERRY ROMBOTIS, Chairman
CARLSBAD PLANNING COMMISSION
LTTEST:
JIICHAEL J. 'NbLZMInER
;AND USE PLANNING MANAGER
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