HomeMy WebLinkAbout1984-04-17; City Council; Resolution 7561RESOLUTION NO, 7561
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
A 381 UNIT PLANNED UNIT DEVELOPMENT AND TENTATIVE
TRACT MAP CT 83-29/PUD-61 ON 56.7 ACRES OF PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF POINSETTIA
LANE, BETWEEN 1-5 AND PASEO DEL NORTE.
APPLICANT: WARMINGTON
CASE NO.: CT 83-29/PUD-61
Commission adopted Resolution No. 2256 approving tentative tract
map and planned unit development CT 83-29/PUD-61; and
WHEREAS, the City Council of the City of Carlsbad, on
April 3, 1984 held a public hearing to consider the
recommendations and heard all persons interested in or opposed -(
tentative tract map CT 83-29 and planned unit development PUD-61
and
WHEREAS, said tentative tract map and planned unit
development project has been declared to have a nonsignificant
impact on the environment and a Negative Declaration, dated
February 24, 1984, was prepared, filed and approved by the
Planning Commission on March 14, 1984 in satisfaction of the
requirements of the City of Carlsbad Environmental Protection
Ordinance of 1980 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.
B. That the findings of the Planning Commission in
Resolution No. 2256 constitute the findings of the City Council
in this matter,
WHEREAS on March 14, 1984, the Carlsbad Planning
C. That tentative tract map CT 83-29 and planned unit
development PUD-61, 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 83-29 and planned unit
development PUD-61 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, 2256, dated March 14, 1984, marked Exhibit A,
attached hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 17th day of April , 1984, by the following
vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, and
NOES: None
ABSENT: Council Member Chick
Prescott
ATTEST :
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PLANNING COMMISSION RESOLUTION NO. 2256
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
APPROVAL OF A TENTATIVE SUBDIVISION MAP AND
- PLANNED UNIT DEVELOPMENT FOR 381 UNITS ON 56.7
ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF POINSETTIA LANE, BETWEEN 1-5 AND PASEO DEL NORTE.
APPLICANT: WARMINGTON CASE NO: CT 83-29/PUD-61
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
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WHEREAS, a verified application for certain property, to
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wit:
Being a Subdivision of a portion of the Northwest Quarter of Section 28 and the East Half of the Northeast Quarter
of Section 28 and the East Half of the Northeast Quarter of Section 29, all in Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County
of San Diego, State of California.,
has 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 14th day of
March, 1984, 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 as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission hereby recommends APPROVAL ofCT 83-29/PUD-61, based on the following findings and subject to the following conditions: ,. :i ,
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1 Findings: //
1) The project is consistent with the City's general plan since
the proposed density of 6.7 du*s/acre is within the density range of 4-10 du's/acre specified for the site as indicated on the land use element of the general plan.
the development since the site is adequate in size and shape
to accommodate residential development at the density pro- posed .
icies and ordinances since:
2) The site is physically suitable for the type and density of
3) The project is consistent with all City public facility pol-
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a) The Planning Commission has, by inclusion of an appropriate 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 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. I l
21 1 e) The applicant has agreed and is required by the inclusion I of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee
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6) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on February 24, 1984 and approved by the Planning Commission on March 14, 1984.
Conditions :
Approval is granted for CT 83-29/PUD-61, as shown on Exhibits
"A" and "B", dated March 14, 1984 and Exhibits "C"-"S", dated January 5, 1984, incorporated by reference and on file in the Land Use Planning Office. Development shall occur
substantially as shown unless otherwise noted in these conditions.
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 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 October 5, 1983, 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
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 of the Zoning Ordinance and all 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 approved by the City Council .
The applicant shall prepare a reproducible mylar of the final
site plan incorporating the conditions contained herein. site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits . Said
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PC RES0 NO. 2256
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The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said CCliR's shall be submitted to and approved by the Land Use Planning Manager prior to final map approval.
-The applicant shall prepare a detailed landscape and irriga- tion 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 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.
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 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.
The developer shall design and construct a noise attenuation wall along Interstate 5 prior to occupancy of any building.
Design and materials for the wall shall be approved by the Land Use Planning Manager. The noise level shall be attenuated to comply with HUD Noise Suitability Criteria. Landscape treatment shall be provided to screen the wall. Said wall shall extend northward to Camino de las Ondas to a
point to be determined by the Land Use Planning Manager and shall not exceed a height of six feet.
Prior to issuance of a building permit, the Building Director shall review the architectural plans to ensure compliance with the State of California interior noise standard of 45 CNEL. At that time, any additional measures (thicker glazing, sound absorption material, or shielding of vents) to
further attenuate the noise to acceptable level shall be required . // PC RES0 NO. 2256 -4- IC
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19) The applicant shall install a combination of walls and
landscaping along the northerly boundary of the project to reduce intrusion to the existing development to the north
(Alta Mira). The location, extent and type of walls and landscaping shall be subject to the approval of the Land Use Planning Manager . .-
20) Prior to construction of the project, the applicant shall treat the site to prevent future infestation by ants. Said treatment shall be approved by the Director of Building and
Planning .
Engineering Conditions
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
The grading for this project is defined as "controlled grad- ing" 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 con- tour 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.
All slopes within this project shall be no steeper than 2:l.
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 or shall construct drain- age systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of a type and size and at locations as approved by the City
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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 removal of any basin, so constructed, the area served by it shall be protected by drainage facilities, slope erosion control measures and other methods required and approved by the City Engineer. The developer shall maintain the basins and erosion control measures and shall guarantee their maintenance through cash deposit and bonding in amounts and types suitable to the City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map.
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 clear of all liens and encum- brances .
Except for Lot "G" direct access rights for all lots abutting Camino De Las Ondas, Paseo Del Norte and Poinsettia Lane shall
be waived on the final map.
The developer shall grant the City a 12 foot wide strip along the westerly side of Paseo Del Norte as shown on the tentative map dated February 21, 1984.
The developer shall grant the City a 34 foot wide strip of land along the southerly side of Camino De Las Ondas as shown on the tentative map dated February 21, 1984.
Improvements including, but not limited to, the following items shall be installed by the developer and approved by the City Engineer prior to filing the final map. Alternately,
the installation of said improvements shall be guaranteed by a security agreement obtained by the developer in an amount and of a type required by the Carlsbad Municipal Code. To wit:
a) All improvements shown on the tentative map dated,
b) Street trees. c) Street lights.
d) Traffic striping for both temporary and permanent traffic e) Additional storm drain facilities. f) Half street improvements for Camino De Las Ondas and Paseo Del Norte along their frontages with the project. g) Half street improvements plus full median improvements on Poinsettia Lane from the southerly extension of the centerline of Paseo Del Norte westerly to the easterly right-of-way line of Interstate 5. The developer shall coordinate the design of and obtain approval from the California Department of Transportatipn for Poinsettia Lane .
February 21, 1984.
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h) Sanitary sewer facilities. i) Potable water facilities.
j) Traffic control facilities.
k) Street name signs.
.- 1) Wheel chair ramps.
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Street "A" shall be completed to the satisfaction of the City Engineer prior to occupancy of the 121st unit.
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 be 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
by the homeowner's association in perpetuity. This respon- sibility 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.
All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away 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, the City Council may impose new conditions and may revise existing conditions .
?ire Conditions
12) Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshall.
13) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and on site roads and drives subject to the approval of the Fire
.- I Marshall. I.
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An all weather access road shall be maintained throughout
construction.
All required fire hydrants, water mains and appurtenances
shall 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.
Fire retardant roofs shall be required on all structures.
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 14th day of March, 1984, by the following vote, to wit:
AYES: - Chairman Rombotis, Commissioners Schlehuber,
Lyttleton, Farrow and Smith.
NOES : None .
ABSENT: Commissioners Rawlins and Marcus.
ABSTAIN: None.
JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION
ATTEST :
MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER
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