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HomeMy WebLinkAbout1984-09-04; City Council; Resolution 77271 2 3 4 5 6 7 8 9 10 11 12 n a 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. lIL1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A 466 UNIT PLANNED UNIT DEVELOPMENT AND TENTATIVE TRACT MAP CT 83-19/PUD-56 ON 136.7 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF THE CALAVERA HILLS MASTER PLAN AREA. APPLICANT: CALAVERA HILLS CO. - VILLAGE "T" CASE NO.: CT 83-19/PUD-56 WHEREAS on July 11, 1984, the Carlsbad Planning Commission adopted Resolution No. 2289 approving tentative tract map and planned unit development CT 83-19/PUD-56; and WHEREAS, the City Council of the City of Carlsbad, on August 7, 1984 held a public hearing to consider the recommendations and heard all persons interested in or opposed tc tentative tract map CT 83-19 and planned unit development PUD-56; 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, was prepared, filed and approved by the Planning Commission on April 20, 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. 2289 constitute the findings of the City Council in this matter. C. That tentative tract map CT 83-19 and planned unit 1 2 3 4 5 6 7 e 9 1c 11 l! 2( 2: 2r 2: 21 2: 21 2' 2; development PUD-56, 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 83-19 and planned unit development PUD-56 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. 2289, dated July 11, 1984, marked Exhibit A, attached hereto and made a part hereof with the exception of the deletion of the last sentence of Condition No. 22 and an additior to Condition No. 22 to read as follows: "This area shall be maintained until such time as the site iz developed as a school or residential development. If the site is not acquired by the school district within the time limits of the master plan and prior to the approval of any other development for the site, the City Council shall determine whether or not to keep the three acre area. If tht decision is made to keep it, the City Council may require thc area to be maintained as a part of any residential development of the site. PASSED, APPROVED AND ADOPTED at a regular meeting of thc City Council of the City of Carlsbad, California, held on the 4th day of September , 1984, by the following vote, to wit: AYES: Council "krs Casler, Kulchin, Chick and Prescott NOES: Council Ember Lewis ABSENT: Eone MARY H. dL ,#ASLER, Mayor U ATTEST: XLETHA L. RAUTEN 1 2 3 4 5 6 7 8 9 1c 11 12 12 14 15 1E 1: 1Z l! 2( 2: 2; 2: 24 25 2E 27 2€ PLANNING COMMISSION RESOLUTION NO. 2289 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 466 UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT ON 36.7 ACRES OF PROPERTY GENERALLY LOCATED IN THE NORTHEAST CORNER OF THE CALAVERA HILLS MASTER PLAN AREA. APPLICANT: CALAVERA HILLS COMPANY - VILLAGE "T" CASE NO: CT 83-19/PUD-56 WHEREAS, a verified application for certain property to wit: Portion of Lot D of Rancho Aqua Hedionda according to Map 823 filed November 16, 1896 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 23rd day of May, 1984, and on the 1 lth day of July, 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 recommends APPROVAL of CT 83-19/PUD-56, based on the following findings and subject to the following conditions: //// //// //// Resolution No. / i 1 2 ? U 4 5 6 7 € 9 1C 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Find i ngs : The project is consistent with the City's general plan since the proposed density of 3.99 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. This density can be justified for the reasons stated in the staff report. 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 pro- posed . 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, 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 . b) The Carlsbad School District has written a letter, dated April 6, 1984, stating that school facilities will be available to this project. e) The applicant will provide park land or pay park-in-lieu fees as required by the Calavera Hills Master Plan prior to final map 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. f) Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual. RES0 NO. 2289 -2- 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 5) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the general plan. 6) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on April 20, 1984 and approved by the Planning Commission on May 23, 1984, Conditions: Approval is granted for CT 83-19/PUD-56, as shown on Exhibits "A" - 'IN", dated March 19, 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 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 August 11, 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. Prior to final map approval, Village E-2 shall be dedicated to the City for park purposes, pursuant to the provisions of the Calavera Hills Master Plan. If Village E-2 is insufficient to meet the park requirements of this project, the applicant shall pay park-in-lieu fees prior to final map approval . 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 to this project pursuant to the Water Service Agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. RES0 NO, 2289 -3- 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 Land Use Planning Conditions: 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. this project shall contain a statement that there is a rock extraction and crushing operation located in close proximity to this subdivision. The CC61R's for 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. Said landscape plan shall provide details of the proposed recreation facilities in the passive recreation areas. 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. 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. PC RES0 NO. 2289 -4- 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3.6 17 18 19 2c 21 22 2z 24 25 26 27 28 All guest parking shall be provided in compliance with the City of Carlsbad's Planned Development Ordinance. All garages shall have a minimum area of 400 square feet. All units shall have a private side yard or a rear yard with a minimum dimension of 15 feet. The City is defending two lawsuits which seek to collect damages and reimbursement for the cost of constructing Tamarack Avenue from El Camino Real to the boundaries of the Lake Calavera Hills Master Plan area (MP-l50(A)) as such boundaries existed prior to the amendment made by Master Plan Amendment, MP-150 (D) . The City believes these cases are without merit and that no damaages or reimbursements are owed. However, if reimbursement or damages are ordered, awarded or established, this applicant as the owner of property benefitted by the road, prior to obtaining a final map for the subject property, shall execute an agreement with the City whereby the applicant covenants to pay its proportionate share of any reimbursement or damages, ordered, awarded or established as a result of these or other similar lawsuits. Units adjacent to College Avenue shall be sound buffered per the acoustical report prepared for the Calavera Hills Company dated October 17, 1983. The design of the noise barrier shall be subject to the approval of the Land Use Planning Manager. Prior to occupancy of any units, the applicant shall provide and improve a 3 acre site on the property designated as a future school site fur active recreational purposes. The location of the site and the specific improvements required shall be subject to the approval of the Land Use Planning Manager. This area shall be provided for use of the residenus of Village Q and T in the Calavera Hills Master Plan and shall be maintained by the homeowners of Village T and Q. This park shall be maintained until such time as a school is built upon this site. Engineering Conditions: 23) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 24) 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. PC RES0 NO. 2289 -5- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 le 19 2c 21 2% 22 24 25 26 27 28 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. Prior to the issuance of a grading permit, the haul route shall be submitted for review and approved by the City Engineer. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. All slopes within this project shall be in accordance with the City's grading standards. Grading standards shall be in conformance with "MP-150(F) Calavera Hills Master Plan". Approval of CT 83-19 does not authorize any exceptions or deviations from said Master Plan. All slopes adjacent to property lines shall have slope set- backs in conformance to City Standards. 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 exercise special care during the construction phase of this project to prevent any off-site 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 PC RES0 NO. 2289 -6- P 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 15 1E 17 1€ 1E 2c 21 22 2: 24 2: 26 25 2E City shall set aside the public access rights to the parcel 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 . Direct access rights for all lots abutting Tamarack Avenue and College Boulevard shall be waived on the final map. The developer shall install the following improvements to the satisfaction of the City Engineer. Alternatively, the develope may enter into an improvement agreement with the City in accordance with Section 66462 of the Subdivision Map Act and t€ Carlsbad Municipal Code to assure the timely completion of the improvements unless otherwise noted herein. All improvements shall have plans, specifications and supporting documents prepared to the satisfaction of the City Engineer and shall be constructed or an improvement agreement shall have been providc by the developer prior to recordation of a final map for the phase of the subdivision that said improvements serve. Said improvements shall be completed prior to the issuance of a Certificate of Occupancy or occupancy of any structure located in the phase of the subdivision for which that they are locatec in. Any improvement completed by any other developer or agenc! to the satisfaction of the City Engineer prior to being require by these conditions shall be deemed to meet these conditions. The improvements included are: labeled-"not a part" which is-Village R of Calavera Hills Maste Plan, MP-150( F) , prior to the final map approval. Changes in All improvements shown on the tentative map, including private streets Street trees Street lights Storm drain facilities Domestic Water Facilities Sanitary sewer facilities The stub street east of Tamarack Avenue within Lot A to collector street standards College Boulevard to major arterial standards from State Route 78 to the southerly line of this project College Boulevard to major arterial standards from the southerly line of this project to Elm Avenue. Paving and median improvements may be omitted for one-half the width of the street Elm Avenue to secondary arterial standards from College Boulevard to Tamarack Avenue, paving may be reduced to 28 feet in width with asphalt berms at the edges Wheelchair ramps Traffic signals at the southerly intersection of College Boulevard and Tamarack Avenue. Signals shall be installed when the traffic warrants ?C RES0 NO. 2289 -7- '48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 22 24 25 26 27 28 said access rights, if any, shall be satisfactory to the City Engineer. The proposed alignment as shown on the tentative map is currently acceptable to the City Engineer of the City of Car 1 sbad . The minimum frontage of all lots, excepting only those on knuckles and on the interior of cul-de-sacs, shall be 40 feet, The developer shall secure dedication of all on and off-site street rights-of-way and slope and utility easements at the time of filing the final map that these conditions require underlaying improvements , Land for all public streets and easements shown on the tentative maps or accompanying exhibit shall be granted to the City free and clear of all liens and encumbrances. Rights-of-way so granted shall be to the full width required by City Standards. Should the developer decide to final map and develop phases out of numerical sequence with the approved phasing as shown on the tentative map, all conditions required of the lower numbered phases shown on the tentative map shall be completed unless otherwise approved by the City Engineer and the Land Use Planning Manager. 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 private drainage systems shall be maintained by the homeowner's association in perpetuity. This responsibility shall be clearly stated in the CC&R's. 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, the City Council may impose new conditions and may revise ex is t ing cond it ions. 'C RES0 NO. 2289 -8- I.I;" 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 15 1E 17 1E 1s 2c 21 2: 2: 24 2f 2c. 2'; 2€ i3) All private streets shall have 4.5 feet wide utility easements located behind the sidewalks. A11 other easements shall be no less than 15 feet wide. No portion of any structure shall be located on or over any easement. Tamarack Avenue shall be completed for it's full length within this project prior to occupancy of more than 240 units within this project subject to the limitations of condition 48, All sidewalks within this project shall be 5 feet wide exclusive of the top of curb. Secondary access satisfactory to the City Engineer shall be provided to all phases of this project in conformance with the City Engineering Department's cul-de-sac policy. Where phase lines bisect streets, the full width improvement on that street shall be constructed as part of the phase being developed. 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 copy shall be submitted to the City Engineer prior to improvement plan submittal. The developer may designate public streets A through F inclusive as private streets. Such designation shall occur prior to final map approval. Fill slopes at intersections shall be pulled back from the curb line to provide sight distance in conformance with City Standards . 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 and to the satisfaction of the City Engineer. Plans, specifications and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Some improvements shown on the Tentative Map and/or required by these conditions are located off-site on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without aqui- stion of title or interest. The subdivider shall conform to Section 20.16.095 of the Carlsbad Municipal Code. '/// '/// I/// 'C RES0 NO. 2289 -9- 1 2 3 4 5 6 7 € 9 10 11 12 13 14 15 16 17 1Ei 19 20 21 22 23 24 25 26 27 28 54) All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by tl Engineer in responsible charge of the work. Each sheet shal: be signed and sealed except that bound documents may be signc and sealed on their first page. Additionally the first sheel 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. I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a revit only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm) DATE BY (Name of Engineer) R.C.E. NO. n Fire Department Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshal. 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 Marshal . 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. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Toe Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code . Fire retardant roofs shall be required on all structures. PC RES0 NO. 2289 -1 0- PASSED, APPROVED AND ADOPTED at a regular meeting of the llanning Commission of the City of Carlsbad, California, held on .he 11th day of July, 1984, by the following vote, to wit: AYES: Chairman Rombotis, Commissioners Marcus, NOES: Commissioner Schlehuber. Farrow, McFadden, Smith and Rawlins. ITEST: ABSENT: None . ABSTAIN: None. JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION AND USE PLANNING MANAGER PC RES0 NO. 2289 -11-