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HomeMy WebLinkAbout1977-07-19; City Council; 3069-4; Calavera HillsCITY OF CARLSBAD AGENDA BILL NO. DATE: DEPARTMENT: 3069-Supplement 4 July 19, 1977 City Attorney Initial: Dept.Hd. C. Atty. C. Mgr. \)ffi> ft ) Subject:CT 76-12 — PUD-4 CALAVERA HILLS APPLICANT: ROBERT LADWIG Statement of the Matter The City Council at your meeting of July 5, 1977 directed the City Attorney to prepare the necessary documents to approve Tentative Map (CT 7*6-12) and Planned Unit Development (PUD-4) for Calavera Hills. The documents incorporating the findings and conditions as recommended by the Planning Commission in Resolution Nos. 1314 and 1315 have been incorporated in the attached documents. In accord with the Council's direction, the approvals have been conditioned upon the availability of adequate sewer service. Exhibits Resolution No. Resolution No. approving Tentative Map (CT 76-12) . approving Planned Unit Development (PUD-4) . Recommendation If the Council concurs, your action is to adopt Resolution No. ^Jtfjf approving Tentative Map (CT 76-12) and Resolution No. ~V/y^ approving Planned Unit Development (PUD-4) . Council action 7-20-77 This matter was continued to the regular meeting to be held August 2, 1977. 8-2-77 This matter was continued to the adjourned regular meeting to be held August 4, 1977. 8-4-77 Resolution #5145 Resolution #5146 Permit PUD-4. ad,°Pted- aPProvin9 with conditions CT 76-12.ad°pted' aPP™ving a Planned Unit Development , . , - o 03 1 §„• CC CMc < c, . ° <0 UL W 5 " ° 2 go >- > o O ^r — Ju; . 5 <"• j. iD 0 2 __, o Ou *^- CM <rO K - CQ > H K >_ °f- 0 1 2 s 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP ,(CT 76-12) FOR A 142-LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REAL NORTH OF THE EASTERLY EXTENSION OF TAMARACK AVENUE. APPLICANT: ROBERT C. LADWIG (AGENT). WHEREAS, on January 26, 1977 the Carlsbad City Planning Commission adopted Resolution No. 1314 recommending to the City Council that Tentative Map (CT 76-12) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad on July 5, 1977 considered the recommendations of the Planning Commission; 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 tentative map (CT 76-12) to be in prior compliance with the City of Carlsbad Environmental Protection Ordinance of 1972; 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. 1314 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 service. 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 i i.Q. < S O "- D I5°!* w *r ~J -^Sz "! 8 Q S|"21? 3> h tc >- °H O W 'Vf 1 will, by inclusion of an appropricite condition to this Tentative 2 Subdivision Map approval, insure that the final map will not be 3 approved unless the City Council finds that sewer service is 4 available to serve the project. In addition, the City Council 5 will add a condition that a note be placed on the final map 6 providing that building permit may not issue for lots in the 7 subdivision unless the City Engineer determines that sewer service 8 is available. 9 Since the final map cannot be approved unless sewer service | 10 is available and building cannot occur within the subdivision 11 unless sewer service remains available, the City Council is 12 satisfied that the requirements of the public facilities element 13 | of the General Plan have been met insofar as they apply to this 14 Tentative Subdivision Map approval. 15 C. That said Tentative Subdivision Map, together with the 16 provisions for its design and improvement and subject .to the con- 17 ditions of this resolution, is consistent with all applicable . 18 general and specific plans of the City of Carlsbad. 19 D. That Tentative Map (CT 76-12) is hereby approved subject 20 to all applicable requirements of the Carlsbad Municipal Code 21 and to the satisfaction of the following conditions: 22 1. The approval is granted for the land described in the application and any attachments thereto and as 23 shown on the Plot Plan submitted labeled Exhibit G, dated December 17, 1976, on file in the Planning 24 Department and incorporated by reference herein. The location of all roadways, parking areas, land- 25 scaping and other facilities or features shall be located substantially as shown on the plot plan 26 labeled Exhibit G, except or unless indicated otherwise herein. 27 2. In order for reasonable fire protection during the 28 construction period to be provided, the subdivider shall maintain passable vehicular access to all buildings and adequate fire hydrants with required 2. W 1 2 .3 4 5 6 7 8 9 10 11 12 D CDrf, co n >z3 g 13 rr ^ o- " S I 14 °° ii2 v a; J-:°£$2 -IK« o ^ 3 -10 CN << *-- H O 16 >!r ^ 17 18 19 20 21 22 23 24 25 26 27 28 fire flows shall be installed as recommended by the Fire Department. Ornamental street lighting shall be provided for as required by Municipal Ordinance. The developer shall deposit cash in the amount necessary to energize said street lights for an eighteen month period after constructionf to permit the incorporation of the subdividion into a maintenance district. 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 and no easements shall be recorded prior to recordation of the final map unless approved by the City Engineer The improvement and grading plans shall include a report of a geological investigation and a complete grading plan of the entire site, when required by the City Engineer. The report and plan shall be prepared by civil engineers, licensed by the State of California and experienced in erosion control, who shall be acceptable to the City Engineer. .They shall certify that, they have investigated the site and prepared data with full consideration of the consequences to the included and neighboring properties and in conformance with the Geologic and Seismic Safety Element of the General Plan. Tamarack Avenue right-of-way, including slope ease- ments, shall be dedicated on the basis of an eighty- four foot street section and improved on the basis of a forty-two foot half street section, according to City of Carlsbad standards, from El Camino Real to the most northerly point of the subdivision. Work to be done on Tamarack Avenue improvements shall include channelization, residential street modification and full eighty-four foot street improvements on Tamarack from El Camino Real to the intersection of the Trieste/Sierra Morena Complex as approved by the City Engineer.. Slopes adjacent to the public streets shall be 2:1 maximum, and the grading plans for the projec.t, or its supplements, shall specify the type and manner of installation and irrigation of slope planting for control of erosion on these slopes, to be approved by the Parks and Recreation Director and City Engineer. The offsite sewer is not approved as shown; it shal be extended within Tamarack Avenue to a point near the proposed culvert where the future sewer, serving the tributary area north of Tamarack Avenue, can be 3. </5 «> ^ §rr ^~ <. O)i'sii |£S 20 5 5!^55 Z S o Qin «g fJ <o oc - 2^! O oo > I- re H CJ 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 properly connected before its alignment leaves Tamarack Avenue to connect to the existing sewer in Kelly Drive. 10. Lot 141, the future school site, if left ungraded, shall have a graded all-weather access into the lot, 11. A revised Tentative Tract Map will be submitted to the City Engineer prior to recordation of the final map incorporating all changes required herein. 12. The revised Tentative Tract Map will reflect the park site requirements as specified in the approved Master Plan No. 150, Condition of Approval No. 2. 13. If, however, the approved Master Plan No, 150 is amended to reflect a new parks requirement, the required revised Tentative Tract Map will meet the provisions stipulated in that revised parks require- ment. 14. This subdivision is approved on 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 sub- division. 15. This subdivision is approved upon the express con- dition that building permits will not be issued for development on- the subject property unless the City Engineer determines that sewer facilities are avail- able 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. This condition shall be noted on the final map. 16. This Tentative Subdivision Map shall be subject to any further approvals as may be necessary in connected] with such plan for the allocation of sewer service among competing uses as the City Council may adopt. If an allocation plan is adopted prior to final map approval, the applicant shall satisfy the requirements of such plan as a further condition of this Tentative Subdivision Map Approval. 4. • .. Q -1 1cc < c> °' "- D I *^ >- ^ O2 t- < LL "°5<. uj U £ LU g Q- LU Z CM <fCJ K .•- mZ O co > 1- <r l-o 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 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: AYES: Councilman Frazee, Lewis, Packard NOES: Councilman Skotnicki and Counci 1 woman Casler ABSENT: None \f 1 * ty j $ -f.^- -7Kir^^C C^O^JL ROBERT C. FRAZEE, Ma^fer ATTEST: t ^ /^*7-' / M ^ Jf' 1 X "r* ** f •*/ .f //'./ 1 a.^'~2f$s'tC>jfs'' £ ' Ls /^^^ £ /£ ££•**-' 'MA^R.GARET E. ADAM3L, City Clerk //(SEAL) " • 5. Q § § 1 2 3 4 5 6 7 8 9 10 11 12 13 O O ot Ou. LJc_> ^ ri OHi 8 Q CO < tt H O 16 17 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 ON THE EAST SIDE OF EL CAMINO REAL NORTH OF TFE EASTERLY EXTENSION OF TAMARACK AVENUE. APPLICANT: ROBERT C. LADWIG (AGENT). 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 "D" 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 7 • D CD 2 §_-' "- CMU. <£ oi OH. ^ 0§°l§^ s- m rtO r > °— t < t O "T — Ju.- , 3 <^ uj O t m o _" S °U IT " ^Z O c/j > I- a: > °1- o 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 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. Q 03ta 4 COooo.1 en 6 (j. ^^ % ° ig2f:>S"5si^ ui U 8 Q.CN <£ CO Ul1° K> p tt >- °H O 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 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-l-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 eithei: 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. 5. 6. 7. 3. 9 0 u. ^ 9° ilo > > § w <-> g 3t- a: 1- O 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 12. Provisions will be made for electrical service in close proximity to the tennis courts for future lighting. 13. A controlled irrigation system shall be installed within the boundaries of the park site. 14. Water service will be supplied to points along the concrete pathways for keeping them clean. 15. Water service shall be available at the tennis courts for hosing courts and drinking fountains. 16. Any areas in the open space areas which have either cut or fill slopes are to be planted and automatically irrigated. 17. 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. 18. Lot two will be surfaced in a manner acceptable to the City Engineer. 19. 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. 20. 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. 21. 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. 22. 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, drouth-resistant 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 Condition Nos. 23 and 24, 4. D 1 COi Of'f Or^ V- CM••*-<! C3 K ° - <O ti- - > r ~c o 7 £;>- is £o ?; > 9— . H- <f lua' o ^ 3 u- • 3 < w> W°| g 8 d O ^- *~ fa 2O 00 > F c > ° o 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 i 15 16 17 i 18 119 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 approved 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 permits will 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 further approvals as may be necessary in connection with such plan for the allocation of sewer.service among 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 such plan before the issuance of further permits. 5. ' • §§ § • K ° 0 U- ^ 5 DO^^2 ^ uj rr — t < a' U.' ° ^ <. iu 0 2 "J ° QLJ 2 ° < U CC *" CO?• O co— f- -i> h- CC O • ', • 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 ^ -, - ^**^ '-w»*s"'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: AYES: Councilman Frazee, Lewis and Packard NOES: Councilman Skotnicki and Councilwoman Casler ABSENT: None ^* j/^X 0 $ /^* -^ A fir^t-€£^ C^ ^^t^\^j^ROBERT C. FRAZEE Mayg^ I ATTEST: /- x7 ///l4/M/^^ Ws^-rtlCs MuAlGA-KET E. A'DA14S ^ City Clerk V (SEAL) " i 6.