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HomeMy WebLinkAbout1977-08-04; City Council; Resolution 51461 2 3 4 5 6 7 8 9 10 11 c- 0 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED UNIT DEVELOPMENT PERMIT (PUD-4) FOR 142 RESIDENTIAL UNITS ON PROPERTY GENERALLY LOCATED EASTERLY EXTENSION OF TAP.IARACK AVENUE. APPLICANT: ROBERT C. LADWIG (AGENT). orJ THE EAST SIDE OF EL CAMINO REAL NORTH OF THE WHEREAS, the Planning Commission of the City of Carlsbad did on January 26, 1977 hold a duly noticed public hearing to consider the application of Robert C. Ladwig (Agent) for a Planned Unit Development Permit for 142 residential units on property generally on the east side of El Camino Real north of the easterly extension of Tamarack Avenue, more particularly described as: That portion of Lot 'ID" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to the Partition Map thereof No. 823, filed in the Office of the County Recorder of said San Diego County, November 16, 1896, and more particularly described in the files of the City Planning Office. 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 Permit (PUD-4) to be in prior compliance with the City of Carlsbad Environmental Protection Ordinance of 1972; WHEREAS, at the conclusion of said hearing the Planning Commission of the City of Carlsbad, adopted Resolution No. 1315; and WHEREAS, on July 5, 1977 the City Council held a public hearing on the matter and received all recommendations and heard all persons interested in or opposed to the approval of Planned Unit Development Permit (PUD-4); 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 of the Planning Commission in Resolution No. 1315 constitute the findings of the City Council in this matter except as they relate to the public facilities element of the General Plan regarding the availability of sewer services. The City Council finds that sewer service is not available for this development as of the date of this approval. However, sewer service may be available in the future. The City Council will, by inclusion of appropriate conditions, insure that the PUD will not be constructed unless the City Council finds that sewer service is available to serve the project. In addition, the City Council will add a condition that building permits may not issue for development in the PUD unless the City Engineer determines that sewer service is available. Since building cannot occur within the Planned Unit Develop- ment unless sewer service is available, the City Council is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to this approval. 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: /// /// /// 2. 1 2 3 4 5 6 7 e 9 IC 11 12 0 15 2c 21 2; 22 24 2: 2E 27 2.5 1. 2. 3. 4. 5. 6. 7. 8. 9. The approval is granted for the land described in the application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibit G, dated December 17, 1976; Exhibit E, dated October 15, 1976 and Exhibit D, dated October 28, 1976, on file in the Plan- ning Department and incorporated by reference herein. The location of all roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on Exhibits G, D and E, unless otherwise provided herein. Development standards of the R-1-7500 zone will be adher to. The project shall be commenced within eighteen months from final City action. If the project has not commence within eighteen months, approval herein will terminate, unless an extension request has been filed under Section 21.45.140 of the Municipal Code. All public improvements shall be made in conformity with City standards to the satisfaction of the City Engineer without cost to the City of Carlsbad and free of all liens and encumbrances. A comprehensive landscape and irrigation plan will be submitted to the Parks and Recreation Director for approval prior to issuance of grading permits. The two observation points shown on the plot plan shall be constructed using either concrete or asphalt as a flooring material. The picnic area and observation point shall incorporate benches and tables compatible with the design of the overhead structure. All existing or proposed pathways shall be concrete, and consideration shall be given to the proposed widths of the paths being reduced from six feet and eight feet to four feet and six feet respectively. The playground and active play areas shall incorporate elements for all age groups, for varied recreational activities,to the satisfaction of the Parks and Recreation Director. 10. The pathways throughout the open space shall connect with the park with access between lots 134 and 135, Decomposed granite pathways, eight foot wide throughout this area are adequate, 11. The tennis courts shall be constructed on concrete instead of asphalt. /// 3. 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Provisions will be made for electrical service in close proximity to the tennis courts for future lighting. A controlled irrigation system shall be installed within the boundaries of the park site. Water service will be supplied to points along the concrete pathways for keeping them clean. Water service shall be available at the tennis courts for hosing courts and drinking fountains. Any areas in the open space areas which have either cut or fill slopes are to be planted and automatically irrigated. Lot two shall be devoted totally to recreational vehicle storage. A landscape and irrigation plan will be sub- mitted to the Parks and Recreation Director for approval prior to grading permit issuance. Lot two will be surfaced in a manner acceptable to the City Engineer. Lot two may be used as a buildable lot at such time as adequate provision for recreational vehicle storage is permanently made elsewhere to the satisfaction of the Planning Director, Concurrent with final map approval, the applicant shall grant an open space easement for maintenance and improve ment purposes over those portions of those lots describe in Condition 21, fronting on public rights-of-way. Prior to the issuance of grading permits, the City Engineer shall approve a plan submitted by the applicant for interim erosion control on all man-made slopes in excess of five feet created by this subdivision. Prior to this issuance of grading permits, the applicant shall post bonds and agreements ensuring the installa- tion and maintenance of the erosion control systems unti permanent landscaping is installed and maintained. Prior to the issuance of any building permits, the appli cant shall submit a permanent landscaping and irrigation plan to the Parks and Recreation Director for his approval. The plan shall include all man-made slopes. Those slopes shall: a) Utilize fire-retardant, drouthFresistant landscaping which includes trees and shrubs which reach a variety of sizes at maturity; and b) Utilize an irrigation system appropriate for common maintenance of the required landscaping in con- formance with Con6Ltion Nos. 23 and 24. 4. I F 1 4 F E 7 E s 1c 11 19 20 21 22 23 24 25 26 27 28 /// /// /// 23. Permanent landscaping and irrigation shall be installed on all lots identified in Condition No. 21 before any of those lots are occupied. If residential construction occurs in units, this condition shall be on a unit-by- unit basis. 24. Prior to the issuance of building permits, the provision of permanent open space maintenance on those areas as indicated in Condition No. 21 shall be assured in a manner acceptable to the City Council. 25. Recreational vehicle storage is to be provided for the use of the property owners who reside within the PUD. Recreational vehicle spaces required for this PUD shall not be used for another purpose. The storage site shall be maintained by the applicant, or a homeowners' associ- ation, until some other system of maintenance is approve by the City Council. 26. CC&R's for the project will be submitted to the Planning Director for approval prior to issuance of building permits. 27. A four foot solid wall shall be constructed at the top of the slope on lots backing up to Tamarack Avenue, to the satisfaction of the Planning Director, prior to the first occupancy permit issuance for those affected sites. 28. This PUD is approved upon the express condition that building pernits will1 not be issued for development on the subject property unless the City Engineer deter- mines that sewer facilities are available at the time of application for such permit and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued until arrangements, satisfactory to the City Council, can be made to guarantee that all necessary sewer facilities will be available prior to occupancy. 29. This Planned Unit Development shall be subject to any ' such plan for the allocation of sewer service among further approvals as may be necessary in connection with competing uses as the City Council may adopt. If an allocation plan is adopted prior to issuance of building permits, the applicant shall satisfy the requirements of suchplan before the issuance of further permits. 5. an adjourned PASSED, APPROVED AND ADOPTED at / regular meeting of the Carlsbad City Council held on the 4th day of August 1977 by the following vote, to wit: 1 AYES : Councilmen Frazee, Lewis and Packard NOES : Councilman Skotnicki and Councilwoman Casler ATTEST: ( SEAL) 6.