HomeMy WebLinkAbout1985-12-10; City Council; Resolution 82941
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RESOLUTION NO , 8294
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS A
142 LOT TENTATIVE MAP CT 85-18 ON 59 ACRES OF
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF TAMARACK AVENUE AND WEST OF NEBLINA DRIVE,
APPLICANT : PANNONIA
CASE NO.: CT 85-18
WHEREAS, on August 28, 1985, the Carlsbad Planning
Commission adopted Resolution No. 2470 approving tentative tract
map CT 85-18; and
WHEREAS, the City Council on November 26, 1985 held a
public hearing to consider the recommendations and heard all
persons interested in or opposed to tentative tract map CT 85-18
and
WHEREAS, said Tentative Tract Map has been declared to
have a nonsignificant impact on the environment and a Negative
Declaration dated July 8, 1985 was prepared, approved and filed
by the Planning Commission on August 28, 1985 in compliance with
the requirements of the City of Carlsbad Environmental Protectioi
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, 2470 constitute the findings of the City Council
in this matter.
C. That tentative tract map CT 85-18 together with the
provisions for its design and improvement and subject to the
conditions of this resolution, are consistent with all applicablc
general and specific plans of the City of Carlsbad.
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D. That subdivision CT 85-18 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. 2470 dated August 28, 1985 marked
Exhibit A attached hereto and made a part hereof with the
following exceptions:
1. Conditions 11 and 52 are deleted.
2. Conditions 60 through 67 have been added to read as
follows:
60. Skyline Road and Sunnyhill Drive shall be extended through
the subdivision to connect with Hillside Drive, Telescope Avenue shall be looped to connect to Skyline Road. The City Engineer is authorized to make any changes necessary in the tentative map to effectuate this condition.
61. The final map shall provide that the overflow from the
permanent desiltation basin located at the southerly end of the development will be carried east along Park Drive and discharged into the storm water drainage facilities to be provided in the
next street east of Marina Drive.
62. The project's CC&R's shall expressly provide that the maintenance duties of the Homeowner's Association as set forth ir Condition 46 are necessary to protect the public health, safety and welfare against erosion and sedimentation downstream from the project area. The CC&R's shall further state that the provision$
in the CC&R's setting forth these maintenance responsibilities
may not be amended or changed in any respect without the express
written approval of the City of Carlsbad. The CC&R's shall further provide that the City of Carlsbad shall have the right tc require the Homeowner's Association to property perform these maintenance responsibilities. The CC&R's shall further provide that the City of Carlsbad shall have the right, but not the duty, to itself to perform these maintenance responsibilities in the event that the Homeowner's Association fails to do so, and that the City of Carlsbad shall be reimbursed by the Homeowner's Association for the costs thereby incurred.
63. All temporary and permanent desiltation basins shall be
designed to handle the maximum peak flow of a six or twenty-four hour ten year storm (whichever is greater) and maintain a trap
efficienty such that the sediment yield in the overflow is no greater than the existing sediment yield from the adjacent upslope drainage area. The design of all interim and permanent
desiltation basins shall be accomplished using the HEC 1 and HEC
STORM computer programs.
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64. All temporary desiltation basins shall be of a double basin design.
65. Prior to approval by the City Engineer of the removal of an temporary desiltation basins, the City Engineering Department
shall have more than one staff member review the erosion control
measures and give the Bristol Cove Property Owner's Association
at least 15 days written notice of the Department's intent to approve the removal. Any interested party may review and submit comments to the City Engineering Department.
66. If the street improvements to Hillside between Park Drive and Highland Drive are not otherwise completed prior to the
City's final inspection of the third phase of this subdivision,
the applicant will remove the ditch on the west side of Hillside and widen the pavement five feet bringing the total width to 27
feet. The details of this construction shall be to the satisfaction of the City Engineer and the applicant shall bond for the improvements prior to the final map approval.
67. If the street improvements to Park Drive from its intersection with Hillside to its intersection with Tamarack Avenue are not otherwise completed prior to the City's final inspection of the fourth phase of the subdivision the applicant
will widen Park Drive by eiqht feet on the west side bringing th total pavement width to 30+ feet. The details of the construction shall be to the satisfaction of the City Engineer
and the applicant shall bond for these improvements prior to the
approval fo the final map.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
10th day of December , 1985 by the following vote, to wit:
AYES: Council Members Casler, Lewis and Pettine
NOES: Council Members Chick and Kulchin
ABSENT: None
ATTEST:
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PLWNING COMMISSION RESOLUTION NO. 2470
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RF,COMMENDING APPROVAL OF A 142 LOT
TENTATIVE TRACT MAP AND 141 UNIT PLANfiED UNIT DEVELOPMENT
ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
TAMARACK AVENUE AND WEST OF NEBLINA DRIVE. APPLICANT: PANNONIA CASE NO.: CT 85-18/PUD-88
WHEREAS, a verified application for certain property to,
wit:
A portion of Lot "I" of the Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 823, filed in thc
Office of the County Recorder of San Diego County,
November 16, 1896,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEFEAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 14th day of
August, 1985 and on the 28th day of August, 1985, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission a:
follows :
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 85-18/PUD-88, based
on the following findings and subject to the following conditions:
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'indings:
The project is consistent with the City's General Plan since
the proposed density of 2.39 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 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:
a) The Planning Commission has, by inclusion of an appropriate
condition to this project, ensured 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 €or 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 May 21, 1985, stating that school facilities will be
available to this project.
c) Park-in-lieu fees are required as a condition of 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.
The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for
residential development on the General Plan.
'The street system is adequate to handle traffic generated by
this project, however, it will contribute traffic to existing
Elillside Drive; The applicant should participate in any
assessment district to improve existing circulation conditions on Hillside Drive.
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This project will not cause any siynificant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on July 8, 1985 and approved by the
Planning Commission on August 14, 1985.
This project requires the construction of the improvements or
facilities listed in the conditions of approval or the payment
of fees in lieu of construction. This project creates a direct need for the improvements or facilities for the reasons stated in the staff report. If the inprovements or facilities are not
provided the project will create an unmitigated burden on
existing improvements and facilities. Further, the
improvements and facilities are necessary to provide safe,
adequate and appropriate service to future residents of the project consistent with City goals, policies and plans.
.onditions:
Approval is granted for CT 85-18/PUD-88, as shown on Exhibit
"A", dated July 18, 1985 and Exhibits "B" - "C", dated May 31,
1985, incorporated by reference and on file in the Land Use
Planning Office. Development shall occur substantially as
shown unless otherwise noted in these conditions. r
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 May 21, 1985, 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.
The applicant shall provide school fees to mitigate conditions
of overcrowding as part of building permit application. These
fees shall be based on the fee schedule in effect at the time
of building- permit application.
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7) 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.
Land Use Planning Office
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.
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 final map shall include an open space maintenance easement to the Homeowners Association for maintenance of all open space
areas, parks, pedestrian trails, overlook areas, manufactured
slopes and detention basins.
The final map shall include a cortununity recreation lot located
to the north of Hillside Drive. This lot shall be a minimum of
7,000 square feet in area, shall be turfed, and shall include
picnic tables and childrens recreation equipment subject to the
approval of the Land Use Planning Manager.
The applicant shall prepare a detailed landscape and irrigation
plan which shall include fire retardent species on fringe areas per the City Landscape Design Guidelines Manual.
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 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 of
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.
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Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable City
ordinances in effect at the time of building permit issuance.
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 North County Transit District.
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 thl
street or access road; color of identification and/or addresse,
shall contrast to their background color.
If any condition for construction of any public improvements o
facilities, or the payment of any fees in lieu thereof, impose1
by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in
Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless
the City Council determines that the project without the
condition complies with all requirements of law.
The applicant shall be required to submit detailed design
guidelines for the custom homes proposed for lots 1-30 and 141
prior to the issuance of any building permits. Guidelines
shall ensure compatibility with other buildings in this
development and with surrounding properties. These guidelines
are subject to the approval of the Land Use Planning Manager.
Prior to any project grading on the subject property, the
applicant shall employ a qualified archaeologist and associate1 personnel to excavate ten 1x1 meter test units on the property
to recover cultural resource materials, curate artifacts and
prepare a report as discussed in An Archaeological Survey of
the Pannonia Property, Regional Environmental Consultants, Jul
15, 1985.
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
recrea.tiona1 vehicles in the required front yard setback.
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Ens ineer inu :
The developer shall obtain a grading p rmit prior to the
commencement of any clearing or grading of the site.
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 ensure 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.
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 dispogal site if located within the city limits.
All slopes within this project shall be no steeper than 2:l.
Prior to hauling dirt or construction materials to any propose1 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 exercise special care during the
construction phase of this project to prevent any offsite
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 .
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35)
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39)
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The developer shall construct desiltation/detention basins of
type and size and at locations as approved by the City Engineer. The developer shall enter into a desiltation basin
maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of the final map for this project. Each desiltation basin shall be serviced by an all-weather access/maintenance road. The
provisions of this agreement shall apply to any offsite borrow sites which may be utilized in the construction of this projec as required by 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 requirgd by th City Engineer.
The owner of the subject property shall execute a hold harmles
agreement regarding drainage across the adjacent property prio
to approval of the final map for this project.
The developer shall make an offer of dedication to the City fo all public streets and easements required by these conditions or shown on the Tentative Map. The offer shall be made by a Certificate on the Final Map 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.
Direct access rights for all lots abutting Millside Drive shal
be waived on the final map. Additionally, any lot which borders two streets shall waive access on one of the streets, in conformance with 20.16.010(7) of the Municipal Code.
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40) 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
to the satisfaction of the City Engineer:
a) Hillside Drive full width as shown on the tentative map
b) Skyline Road full width
c) Telescope Avenue full width
d) Sunnyhill Drive full width (cul-de-sac)
e) Clearview Drive full width (cul-de-sac)
f) Complete sewer, water and drainage facilities to serve
9) Water storage tank overflow drain system
h) Desiltation basin and vista access
i) Ten foot pedestrian/bicycle access
j) All internal public street systems to serve as shown on
this subdivision. (Including necessary relocations)
the tentative map.
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41) Public improvements shall be installed to the satisfaction of
the City Engineer prior to occupancy of any units within the phased development, as follows:
a) Phase I:
1) All onsite public improvements
2) Full width of Hillside Drive from westerly
3) An interim desiltation basin southwest of Phase I1
4) Sewer, water, and drainage facilities to serve this
boundary to easterly boundary of this subdivision
phase of development,
b) Phase 11:
1) All onsite public improvements
2) Sewer, water and drainage facilities to serve this
phase of development. (Including offsite sewer
system. )
c) Phase 111:
1) All onsite public improvements
2) Offsite storm drain system, including desiltation
3) 10' wide pedestrian/bicycle access across Phase 111.
basin
d) Phase IV:
1) Balance of improvements including the remaining portion of pedestrian/bicycle access.
The improvements listed for each phase above shall be constructed within twelve months after recordation of the fina map for each phase.
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Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this tentative map.
All street design shall conform to City Standards as well as A.S.H.T.O. Design Guidelines.
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 th
tentative map, all conditions listed herein shall be complied with, unless specifically approved by the City Engineer and th Land Use Planning Manager.
All terrace drains shall be maintained by the Homeowners Association. The desiltation basins and vista point shall be maintained by the Homeowners Association. easements shall be maintained by the Homeowners Association.
The ten foot pedestrian and bicycle access(s) shall be
maintained by the Homeowners Association. Prior to final map
approval, CC&R's stating the above requirements shall be
approved by the Land Use Planning Manager. A note stating the
responsibilities mentioned above, shall be placed on the final
map.
The Open Spqce
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.
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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 m.y responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY
(Name of Engineer)
Date: L-
R.C.E. NO. ?I
The developer shall provide the City with a reproducible mylar
copy of the tentative map as approved by the Planning ‘
Commission. The tentative map shall reflect the conditions of approval by the City. The map shall be submitted to the City
Engineer prior to improvement plan submittal.
Prior to recordation of any final map for this development , .
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, th City Council may impose new conditions and may revise existing
conditions.
Prior to final map approval, the developer shall agree to participate in an assessment district to finance the improvements to Hillside Drive. A letter written by the
applicant to the City Attorney shall satisfy this condition.
Prior to final map approval, Skyline Road shall be realigned st
that it does not intersect with Hillside Drive. The
realignment may include either the looping of Skyline Road wit: Telescope Avenue or the cul-de-sacing of Skyline Road.
Fire Department:
53) Additional public and/or onsite fire hydrants shall be providec
if deemed necessary by the Fire Marshal.
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The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and onsite 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.
Fire retardant roofs shall be required on all structures.
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. I
Planning
the 28th
ATTEST:
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on
day of August, 1985, by the following vote, to wit:
AYES :
NOES :
ABSENT :
ABSTAIN :
Chairman Schlehuber, Commissioners : Marcus &
Smith.
Commissioners: Hall & McFadden.
None.
Commissioners Rombotis & L'Heureux.
MICHKEL J.'EfbLZM=ER
LAND USE PLANNING MANAGER
Chairman CARLSBAD PLANNING COMMISSION
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