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HomeMy WebLinkAbout1983-07-19; City Council; Resolution 72941 2 3 4 5 6 7 8 9 10 11 12 9 c - 18 19 20 21 22 23 24 25 26 27 28 V ,. -9 RESOLUTION NO. 7294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A 288 UNIT PLANNED UNIT DEVELOPMENT AND SUBDIVISION CT 82-24/PUD-49 ON PROPERTY GENERALLY LOCATED ON THE EAST AND NORTH SIDE OF PASEO DEL NORTE, SOUTH OF PALOMAR AIRPORT ROAD. APPLICANT: SEAGATE CASE NO.: CT 82-24/PUD-49 WHEREAS on June 8, 1983, the Carlsbad Planning Commission adopted Resolution No. 2134 approving subdivision and planned unit development CT 82-24/PUD-49; and WHEREAS, the City Council of the City of Carlsbad, on July 5, 1983 held a public hearing to consider the recommendations and heard all persons interested in or opposed to subdivision CT 82-24 and planned unit development PUD-49; and WHEREAS, said subdivision and planned unit development project has been declared to have a nonsignificant impact on the environment and a Negative Declaration was prepared and filed on May 20, 1983 in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 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. R. That the findings of the Planning Commission in Resolution No. 2134 constitute the findings of the City Council in this matter. 1 2 3 4 5 6 7 E! 9 1c 11 1s 2c 21 22 2: 2L 2: 2t 2: 2t C. That subdivision CT 82-24 and planned unit development PUD-49, together with the provisions for their design and improvement and subject to the conditions of this resolution, are consistent with all applicable general and specific plans of the City of Carlsbad. D. That subdivision CT 83-9 and planned unit development PUD-49 are 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. 2134, dated June 8, 1983 marked Exhibit A, attached hereto and made a part hereof, with the exception of Condition No. 52 which is revised to read as follows: "52. The applicant shall install an automatic fire sprinkler system in all the buildings subject to the approval of the Fire Marshall prior to final occupancy of any units. This requirement may be waived if a satisfactory alternative is approved by the Fire Marshall. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 19th day of ~~1~ , 1983, by the follow,ng vote, to wit: AYES: Council Menkexs Casler, Lewis, Chick and Prescott NOES: None ABSENT: None I %d MARY H.@ASLER, Mayor ATTEST : ,- I. 1 2 3 4 5 6 7 E s IC 11 1; 1: 14 It le 1: It l! 2( 2: 2: 2: 2f 2! 2t 2' 22 PLANNIEG COMEIISSION RESOLUTION NO. 2134 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSEAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND PLANNED UNIT DEVELOPFENT FOR 288 UNITS ON PROPERTY GENERALLY LOCATED ON THE EAST AND NORTH SIDE OF PASEO DEL NORTE, SOUTH OF PALOMAR AIRPORT ROAD. APPLICANT: SEAGATE CASE NO: CT 82-24/PUD-49 WHEREAS, a verified application for certain property, to A portion of Lot H of the Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder, .as been filed with the City of Carlsbad, and referred to the 'lanning Comn~ission; and WEREAS, said verified application constitutes s, request s provided by Title 21 of the Carlsbad Municipal Code; and ViHZXdAS, the Planning Commission did, on the 8th day of une, 1983, hold a duly notice6 public hearing as prescribed by aw, to consider said request; and WHEREAS, at said public hearing, upon hearing and Ionsidering all testimony and arguments, if any, of all persons esirincj to be heard, said Conztission considered all factors .elating to the Tentative Tract Map and Planned Unit Development; nd NO'VI, THEREFORE, BE IT HEREBY RESOLVED by the Planning 'ommission as follows: A) That the foregoing recitations are true and correct. B) That based on evidence presented at the public hearing, the Comxission recommends APPROVAL of CT 82-24/PUD-49, based on the following findings and subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 19 2c 21 22 22 24 25 25 27 2E F'indings: The project is consistent with the City's general plan since the proposed density of 8 range of 4-10 du' s/acre specified for the site as indicated on the land use eleinent of the general plan. du's/acre is within the density The site is physically suitable for the type and density of th 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 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 nay 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. b)2 The Carlsbad School District has written a letter, dated November 4, 1982, 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. //// PC RES0 NO. 2134 2. 7 1 2 3 4 *5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) This project will not cause any significant environmental impacts and a Negativ'e Declaration has been issued by the Land Use Planning Manager on May 20, 1983 and approved by the . Planning Comrnission on June 8, 1983. ,r .. ond it ions : * .. # Approval is granted for CT 82-24/PUD-49, as shown on Exhibits "M", dated April 18, 1983 and Exhibits "N" - "R", dated November 4, 1982, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. II All - 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 a'ccording to the agreement executed b.y the applicant for payment of said fee, a copy of that agreement, dated October-29, 1982, 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 df the Zoning Ordinance and a11 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 approyed by the City Council. and 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. C RES0 NO. 2134 3. tc" \ -1 1 2 3 4 5 '6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 2% 22 24 25 26 27 -28 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 Manage'r prior to final map approval. The applicant shall prepare a detailed landscape and irrigatio plan which shall b'e 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 and a 400' scale map to the Fire Chief prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent .to the project . All parking lot trees shall be a minimdm of 15 gallons in size. 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. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager . All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the soun buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of th Land Use Planning Manager and Building and Planning Director. The applicafit shall submit a street name list consistent with the City's street name policy subject to the Land Use Planning Manager's spproval prior to final map approval. Approval of Tentative Tract No. 82-24 is granted subject to approval of Specific Plan deletion, SP-l61(A) and Master Plan deletion-, MP-l07(A). A recreational vehicle storage area shall be provided at a ratio of 20 square feet per dwelling unit at a location approved by the Land Use.Planning Manager. Engineering Department 20) The developer shall obtain a grading permit prior to the commericement of any clearing or grading of the site. //// PC RES0 NO. 2134 4. .- I. 2 3 4 5 6 7 I! 9 IC 3.1 12 12 14 1: l( 1: 1t I! 2( 2: 2: 2; 21 21 2( 2' 21 The grading for this project is defined as "controlled grading by Section 11.06.170(a) of the.Carlsbad Pilunicipal 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 report-s 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 geading. 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 Erom the owners of the affected properties. The limits of grading, as shown on Exhibit "A", dated April 18, 1983,< shall be strictly enforced. No grading shall occur beyond this delineated boundary. All slopes within this project shall be'no steeper than 2:l. Additional drainage easements and drainage structures shall. be provi'ded 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 or shall construct drain- age.systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer, This project is in Drainage Area No. 11, The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hour duration under developed conditions, is equal to or less than the runoTf from a storm of the same frequency and duration under existing developed conditions, Both 6 hour and 24 hour. storm durations shall be analyzed to determine the detention basin capackties necessary to accomplish the desired results. 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 cleac of all liens and encuin- brafices. //I/ PC RESO NO.. 2134 5. 1 2 3 4 5 6 7 8 9 1c 11 12 12 1.4 2': 24 Paseo Del Norte shall be dedicated by the developer along the subdivision frontage based on a centerline to right-of- way width of 42 feet and in conformance with City of Carlsbad Standards prior to occupancy of any buildings. All public streets- shall be improved by the devel-oper based on the typical sections shown on the,tentative map and in conformance with City of Carlsbad Standards prior to occupancy of any buildings.' Paseo Del Norte shall be improved by the developer along the subdivision frontage based on a centerline to curb face width of 32 feet and in conformance with City of Carlsbad Standards prior to occupancy of any buildings. The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The.trees shall be of a variety selected from the approved Street Tree List. The devel'oper shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards prior to Occupancy of any buildings,. . The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with Cit of Carlsbad Standards prior to occupancy of any buildings. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The.design of all private streets and drainage systems shall b 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 k the homeowner's association in perpetuity. This responsibilik 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. PC RESO NO. 2134 6. .. . a 2 3 4 5 6 7 8 9 1c 21 12 12 3.4 All private streets shall be kept clear of parked vehicles at all times, and shall have posted "NO Parking/Fire Lane Tow Awa Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 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. pire Department Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshall. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and c site roads and drives subject to the approval of the Fire Marshall. 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. Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire De- partment. All private driveways shall be kept clear of parked vehicles E all times, and shall have posted "NO Parking/Fire Lane Tow Awz Zone" pursuant to Section 17.04.040, Csrlsbad Municipal Code. Brush clearance shall be maintained within a minimum distance of 30 feet to each residence. 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. Building exceeding 10,000 sq.ft: aggregate floor area shall be sprinklered'or have four-hour fire walls with no openings therein whikh shall split the building into 10,000 sq.ft. (or less) areas. Since .the emergency fire response time to the project area exceeds five minutes, all structures must be protected by automatic fire sprinkler systems, built and installed per specifications approved by the Fire Marshall. . PC RESO NO. 2134 7. /a 1 2 3 4 5 6 7 8 9 10 11 & 12 33 14 15 16 17 TI! 39 2c 24 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 8th day of June, 1983, by the following vote, to wit: ,, AYES: NOES : None . Chairman Schlehbber , Commissioners Marcus, Rombotis, Jose, Friestedt and Rawlins. ABSENT: Commissioner Farrow. ABSTAIN : None. CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST : t c \ LAND USE PLANNING MANAGER , ET RES0 NO. 2134 I 0.