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HomeMy WebLinkAbout1977-01-04; City Council; Resolution 4075i did on September 22, 1976, and continued to October 13, 1976, hold duly noticed public hearings to consider the application of A I I I < I( 13 u t 1E 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 4075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING A PLANNED UNIT DEVELOPmNT PERMIT (PUD-1) LOCATED ON THE SOUTHWEST CORNER OF MARRON ROAD AND AVENIDA DE ANITA. APPLICANT: GEORGE BILLINGS. FOR A 171-UNIT APARTmNT PROJECT GENERALLY WHEREAS, the Planning Commission of the City of Carlsbad George Billings for a Planned Unit Development Permit for a 171- Unit apartment project generally located on the Southwest corner of Marron Road and Avenida De Anita, more particularly described as : That portion of Lot "J" of Agua Hedionda, according to the Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1886 and of Lots 3, 4 and 5 in Section 32, Township 11 South, Range 4 West, San Bernardino Base and Meridian, according to United States Government survey, all being in the City of Carlsbad, County of San Diego, State of California. and WHEREAS, an Environmental Impact Report was certified as complete for a previously issued entitlement for this project, and the Planning Director has found the Planned Unit Development (PUD-1) to be in prior compliance with the City of Carlsbad Environmental Protection Ordinance of 1972; and WHEREAS, at the conclusion of said hearings the Planning Commission, after making certain findings, denied the permit; and WHEREAS, the City Council, on November 2, 1976, upon reviewing Planning Commission recommendation and hearing from the applicant, returned this request to the Planning Commission for further report; and WHEREAS, on November 22, 1976 the Planning Commission did review applicant's revised plans and determined to refer the matter back to staff for further report. received and the City Council, at their meeting of December 21, 1976, considered the matter further. Said report has been NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That the findings as outlined in the Staff Report to the Planning Commission dated October 13, 1976 constitute the findings of the City Council. C. That the Planned Unit Development Permit is granted for the reasons set out in this resolution and subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. The approval is granted for the land described in the application and attachments hereto and as shown on the revised plot plan labeled PUD Exhibit F, dated November 5, 1976. The location of all structures, parking areas, landscaping, and other facilities shall be located substantially as shown on PUD Exhibit F, except as otherwise indicated herein. The development of the project shall meet the minimum standards of the PUD Ordinance where higher standards are not specified herein. 2. Construction of the project shall be commenced within eighteen months from final City action on the PUD application. 3. All buildings and structures shall be of the design shown on the elevation plans labeled Exhibit G, dated November 5, 1976. 4. The location of refuse pickup areas is not approved as shown in the plot plan Exhibit F, dated November 5, 1976. Their location shall be approved by the Planning Director and included in the final PUD plan prior to the issuance of building permits. 5. The precise location and types of recreational 2. 19 2o 21 22 ! I 23 24 25 26 27 28 facilities to be located in the recreation areas shall be approved by the Planning Director and included in the final PUD plan prior to the issuance of building permits. 6. Precise landscape and irrigation plans for all open areas shall be approved by the Parks and Recreation Department and included in the final PUD plan prior to the issuance of building permits. Said plans shall include the following: (a) Parking areas visible from abutting streets and/or El Camino Real shall be effectively screened from view by a thirty-six inch high wall, or a landscaped area at least twenty feet in depth; (b) All man-made slopes in excess of five feet in height and all natural slopes shall be landscaped with drought-resistant, erosion-control vegetation. (c) Area 'B' shall be included in the landscape and irrigation plan. This requirement shall be waived if area 'B' is sold to the adjoining property owner as a separate legal lot. (d) Street trees. 7. All landscaping and irrigation shall be installe in accordance with the approved landscape and irrigation plan prior to occupancy. > 8. No signs shall be permitted on the site other than the community identity sign shown in Exhibit E dated September 10, 1976. The community identification sign shall be located generally between the two driveway entrances to the project. The exact location shall be shown on the final PUD plan. 9. All pedestrian walkways within the project boundaries shall be constructed of concrete with an unobstructed width of four feet. 10. A lighting plan for the project shall be approve by the Planning Director and included in the final PUD plan prior to the issuance of building permits. The plan shall space light standards at the maximum effective distances and utilize the lowest effective wattage. 11. Individual dwelling unit television antennas shall not be permitted above the roof line of structures. 12. Prior to the approval of the final PUD plan, that 4.25 acre portion of the MP-5 Park site labeled "P-2" on Exhibit A of MP-5(A) (Ordinance No. 9471), dated August 11, 1976, shall be dedicated to the City of Carlsbad for Parks purposes. 3. 1 2 3 4 5 6 7 8 9 10 I1 12 tl 6 15 2c 21 22 2: 24 25 2e 27 2E 13. Prior to the approval of the final PUD plan, the applicant shall record an open space easement over those slope areas as shown on Exhibit F, dated November 5, 1976. 14. Prior to the issuance of oocupancy permits, the applicant shall record an open space easement over Area B as shown on Exhibit F, dated November 5, 1976. This requirement shall be waived if Area B has been sold to the adjoining property owner as a separate legal lot. 15. Prior to the issuance of building permits, the applicant shall submit a final planned unit development plan to be approved by the Planning Director. The plan shall meet the requirements of Section 21.45.180 of the PUD ordinance and the conditions of this approval. 16. Prior to the issuance of occupancy permits, a11 conditions of this approval shall be met, except that individual buildings may be released for occupancy if the applicant submits bonded agreements for the performance of those conditions not met at the time initial occupancy is requested. If bonded agreements are submitted, they shall be approved as to form by the City Attorney prior to the issuance of occupancy permits. 17. Elm Avenue right-of-way as shown in Exhibit E SP-104 (A) (Ordinance No. 9433) dated June 19, 1975, together with construction slope easements, shall be offered for dedication prior to approval of the final PUD plan. 18. For right-of-way and slope easements a realigned perpendicular intersection at Appian Way and Elm Avenue shall be offered for dedication in the same manner described for Elm Avenue in Condition No. 17 above, based on a sixty foot full width within the Master Plan boundary. 19. The southerly half of Marron Road shall be dedicated and improved to extend to the southeasterly property line on the basis of a forty-two foot half street section, according to City of Carlsbad standards, prior to issuance of a building permit. This requirement shall be waived if Parcel B is sold to the adjoining property owner as a separate legal lot. 20. Onsite fire hydrants shall be provided as required by the Fire Marshal. They shall be served by public water line extensions having an alignment and capacity approved by the Fire Marshal and City Engineer. Twelve foot water line easements shall be dedicated and construction shall be guaranteed by bond or cash deposit prior to issuance of building permits. 21. In order to provide for reasonable fire protectio during the construction period, the applicant shall maintain 4. 1 2 3 4 passable vehicular access to all buildings and shall install fire hydrants and dry-stand pipes prior to framing construction. 22. All dead-end drives shall have a maneuvering and turn-around area approved by the City Engineer. 23 24 5 6 ATTEST: 7 a 9 10 11 20 21 22 23. All land and/or easements required shall be granted to the City of Carlsbad without cost to the City, and free of all liens and encumbrances. 24. Standard sidewalk ramps shall be installed in the southeast and southwest curb-returns at the inter- section of Marron Road and Avenida de Anita. permitted. the street right-of-way line and any parking. for emergency access by the relocation of one or more of parking spaces from spaces No. 138-155. This redesign shall be approved by the Planning Director and shown on the final PUD plan. Prior to the approval of the final PUD plan, parks-in-lieu fees of $45.00 per dwelling shall be paid in conformance with the amended Master Plan. I 25. Parking spaces No. 202 and 203 shall not be There shall be twenty feet minimum between 26. Buildings 12 and 13 shall be made more accessibl 27. I PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 4th day of January ? 1977, by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard and Skotnicki NOES : None ABSENT: None ABSTAINED: Councilwoman Casler ROBEM 25 26 (SEAL) 27 28 5.