HomeMy WebLinkAbout1977-08-16; City Council; 5088-1; Buena Woods- KamarCITY OF Y- "RLSBAD
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$ &GbA BTLL NO. 5088 SUPPLEMENT NO. 1 t
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DATE: August 16, 1977 City Atty
DEPARTMENT: PLANNING -- City Mgr. 'ii _
SUBJECT:
CT 77-2 BUENA WOODS - KAMAR
PUD-8 .REFERENCE AB 5088
SP-160(A)
-OF THE MmTER --.---
REQUEST;
On June 7, 1977 the City Council held public hear.ing on a tract map
and PUD-8 for a 130 dwelling unit planned development and deletion
of sP-160 that covers this area. The property is situated on the
east side of Monroe, north of Elm Avenue. Presently Mon.roe to
the.south is the only access to the property.
A second access is recommended before more than approximately 60
dwelling units are constructed in the area. The Planning Commission
recommended that this secon‘d access be Hosp Way to El Camino Real.
At the City Council there was opposition to Hosp Way access. The City
Council concurred that there might be a problem with Hosp Way access
since the ad,ded traffic could have a detrimental impact on existing
residential units in the area. Therefore the City Council directed.
staff to research the possibilities of connecting Monroe Street to
Marron Road as a second access. Staff has worked out with the
applicant a satisfactory condition for the Monroe Street extension
in place of the Hosp Way extension as a condition of this tract.
EXHIBITS:
Memo to City Manager from Planning Director, 7/29/77
Letter from Jerry Rombotis, (applicant), 7/14/77
Planning Commission Resolutions 1365, 1366, and 1367
Staff Report dated aprii 27, 1977
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RECOMMENDATION:
It is recommended that the City Attorney be directed to prepare q
documents approving CT 77-2, PUD-8 and deletion of SP-160 as per
Planning Commission Resolutions: 1365, 1366, 1367 with the changes
to Plann.ing Commission Resolution 1366 as contained in memoto
the City Manager dated 7/15/77.
Council action
8-16-77 The City Attorney was directed to prepare documents approving
tentative map for CT 77-2, Pug-5 and deletion of SP-160 as
per Planning Commission Resolutions 1365, 1366 and 1367 with
the changes to Planning Commission Resolution 1366 as conta,,jned
in memorandum to the City !lana(rer dated 7-T$-77.
FORM PLANNING 73
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, MEMORANDUM
DATE: JULY 29, 1977
TO: PAUL BUSSEY, CITY MANAGER
FROM: JAMES C. HAGAMAN, PLANNING DIRECTOR
RE: CT 77-2, BUENA WOODS
Subject action was referred by the City Council to staff regarding problems
associated with a second access into the area. The Planning Commission rec-
ommended that Hosp Way be extended to El Camino Real prior to or concurrent
with the reco.rdation of Phase 3. (This would mean that the 60 dwelling units
of Unit 1 and 2 would be serviced by one access - Monroe pending further
development).
Citizens in the area protested that Hosp Way access would be detrimental to
the area since it would open an easy travel route from El Camino Real to Elm.
They felt surrounding developments would be adversely affected by high traffic
volumes on Hosp Way.
Staff has reviewed a suggestion made by the applicant, Jerry Rombotis (see
attached letter). We find it generally acceptable, but it may not solve
the problem totally. The suggestion is to delete the Hosp Way connection
condition (Planning Commission Resolution No. 1366,, Condition 4-p) and add
a condition requiring Monroe to:be-extended concurrently with construction
of unit 4. He also suggested that the units be rephased.so that unit 4 is
constructed before unit 3. The result will be that the same amount of dwell-
ing units (60) will be developed prior to connection of a second access.
To accomplish this condition 4-p of Resolution No. 1366 should be deleted
and the following condition added:
8. Phasing and related street improvements shall be accomplished in the
following manner:
1st Phase: Unit 1 - Full improvements of Monroe Street and Hasp Way
within this unit.
2nd Phase: Unit 2 - Full improvements of Hosp Way within this unit.
3rd Phase: Unit 4 - Full improvements of Monroe Street within this
unit. Furthermore, Monroe Street shall be extended off-
site to Marron Road as a 281 paved section to the satis-
faction of the City Engineer.
4th Phase: Unit 3 or 5 :
5th Phase: Remaining Unit Full improvements of Hosp Way with Unit 3.
Hosp Way shall be irnprovdd~-a‘3ong,I..Phe...eritj‘re
frontage of Lot 139 to the satisfaction of
the City Engineer.
These changes will not insure that Monroe will be the first of the secondary
accesses. The reason is that there is a requirement that the developers of
the apartments on Hosp Way and El Camino Real complete Hosp Way to Monroe
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I - MEMORANDUM
July 29, 1977
Page Two (2)
before completion of the apartments. (S.P 33 Condition 18 of Ordinance No.
9321). Recently there has been interest in developing these apartments.
Therefore it's conceivable that the apartments could be constructed prior to
eke uni C4 in CT 77-2 d tL the resu~ t of ~~~~ Way being the second access.
At worst, however, this would only be a temporary., problem assuming if there
is a market for the apartments there will also be a market for the units of
CT 77-2.
If the City Council wishes to guarantee that Monroe is built first, then SP-33
would have to be amended to delete Condition 18 and have Hosp Way completed
to the SP-33 border, Then only after the full completion of SP-33 and CT 77-2
would Hasp Way be completed between El Camino Real and Monroe. However, this
option could create the potential of single access to 532 apartment-units.
Staff would discourage this possibility.
The City Council also indicated that if changes to CT 77-2 are substantial,
that the matter be returned to the Planning Commission. Staff does not feel
the change of second access from Hosp Way to Monroe is substantial or if there
is need for further discussion with the Planning Commission. The alternative
was considered by the Planning Commission.
If, however, the City Council wishes to amend SP-33 to delete the requirement
that Hosp Way be completed with the apartment development, staff recommends
that all actions be returned to the Planning Commission so it can be reviewed
as a whole.
RECOMMENDATION:
It is recommended that the City Council amend CT 77-2 to require Monroe instead
of Hosp Way as the second access as contained in this memo, and no action be
taken on SP-33.
JCH:ar
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325 Elm Avenue
Post Office Box 1155
Carlsbad, California 92008
714/729-7911
Contractor’s License No. 143851
CITY OF CARLSBAD Planning Department
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JKty 14, 197’1’ 8 .
At the public hearins on this subdilrision, +he city ~oz:2cij- e;:-yesccci ~.--p~~?,~~. ti.L__.,v- -L_ 0ver~trafG.c circ-cllation in the area.
As a solution, we vould popose deleting the cor,ditior, that calls for the
ex-tension of Bosp ?iay through Grove A?artnents, Unit "C" i-Xi-L:? Lhd constru.cticn cr' Unit #3 anti substituting a condition which would call'for a COXCECtiOZl to be rX& to Earron Zoad concwn~ ,,ntly 15th the construction of Unit $I+.
We would also like to change the building sequence of units to:
1) Unit #l 4) Unit #3 or $5
2) Unit $2
3) unit #4
5) The remaining unit.
,' &II. ihd Plender 4 July I.).;., 1977
Page 2
The;rez.son for the present sequencing of units was to follow the previous conditions tihich were ap$ied on Carlsbad Tract Y&.--13 which called for the I1osc Kay comection rather than t.he Monroe Street connection..
It wouki be our understanding that if develogrnent or tine consCruction of
'Monroe Street did not occur on the pro?ertg k$tween Carlsbad Tract '7.7-2 azld MarrOil :j _ ,.,cjz.d prior to the construction of S'nit #&, the C.it;T ~0u.M 3cceTt a 36'
iu 7ved section for our rec+red comection. This off-site g~,rtj~kJ c&r&e-t
section r-mid kconstructed to full City standards.
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cc: E-. Faul Bussey
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PLANNING COMMISSION RESOLUTION NO. 1365
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL TO DELETE SPECIFIC PLAN NO, 160 ON 43.9 ACRES LOCATED ON THE SOUTH SIDE OF HOSP WAY ADJACENT TO MONROE ROAD. CASE NO.: SP-160
: ~ 'WHEREAS, a verified application for deletion of Specific
Plan on property, to wit:
Those portions of Lots 2, 3, 4, 5 and 27 and of Canon Street in Hosp Eucalyptus Forest Co.'s Tract No. 1 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof 1136 filed in the office of the County Recorder o f San Diego County, June 8, 1908, described in Assessor's Book 1.56, Page 090,
Parcels 36, 37. 38 and 39 and more particularly described in the 'files of the City of Carlsbad Planning Department
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said application constitutes a request as provided
by the "Carlsbad Municipal Code;" and
WHEREAS, the public hearing to consider the subject request
was held on May 11, 1977, at the time and in the place specified'
in the public hearing notice, pursuant to the provisions of the
Carlsbad Municipal Code; and
WHEREAS, at said public hearing, upon hearing and considerin' .
the testimony and arguments, if anyp of all persons who desired
to be heard, said Commission considered all factors relating to
this request and found the following facts and reasons to exist:
11 The proposed Specific Plan Amendment deleting SP-160 entirely
'is consistent with all applicable City policies and ordinances because:
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a .) The entire development area has been superceded by the
approval of a Planned Unit Development permit !PUD--8) as provided for in'the Carlsbad Municipal Code.
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NOW, THEREFORE, BE I T RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That in view of the findings heretofore made and considering the applicable law, the decision of,the Planning Commission is to delete Specific Plan 160, subject to the following conditions:
4 None necessary.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on May II, 1977 by
the following vote, to wit:
AYES: CommissiSners Larson, Nelson, Fikes, Jose Watson and L'Heureux
ABSENT: Commissioner Rombotis
ATTEST:
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PLANNING COMMISSION RESOLUTION,NO. 1366
RESOLUTION OF THE -PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TRACT $lAP TO PROVIDE 130 DWELLING
UNITS ON 43.9 ACRES LOCATED ON'THE SOUTH SIDE OF HOSP WAY ADJACENT TO MONROE ROAD.
CASE NO: CT 77-2
APPLICANT: KAMAR Ci>N8&.v!m!!
WHEREAS, a verified application for a certain property, to
Those portions of Lots 2, 3, 4, 5, and.27 and of
Canon Street in Hosp Eucalyptus Forest Co.'s Tract No. 1 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof 1136 filed in the office of the County Recorder of San Diego County, June 8, 1908, described in Assessor's Book 156, Page 090, Parcels 36, 37 38 and 39 and more particularly described in the files of the City of Carlsbad Planning Department
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las been filed with the City of Carlsbad and referred to the
?lanning Commission, and
WHEREAS, said application constitutes a request as provided
3y the "Carlsbad Municipal Code"' and
WHEREAS, the public hearing to consider the subject request
Mas held on May II, 1977, at the time and in the place specified
in the public hearing notice, pursuant to the provisions of the
Carlsbad Municipal Code; and
WHEREAS, at said public hearing, upon hearing and considerin
the testimony and.arguments, if any, of all persons who desired c
to be heard, said Commission considered all factors relating to the
Tentative Tract Map request (CT 77-2) and found the following facts
and reasons to exist:
1) The proposed map is consistent with the General Plan because:
a) The Land Use Plan designates the subject site for Medium-Density Residential (4-10 dwelling units per gross acre) and Open Space. - The subject project will provide
approximately six dwelling units per gross acre and
open space areas consistent with the Land use Plan.
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b) Monroe Street shall be further extended as a secondary arterial as shown in the Circulation Element.
cl Park land shall be dedicated as shown in the Parks and +
Recreation Element.
d) Open Space shall be preserved as shown in the Open Space
Element.
4 Refer to finding No. 10 for discussion of the Public Facilities Element of the General Plan.
The design or improvement of the proposed subdivision is con- sistent with the General Plan because:
4 The project will provide orderly residential development;.. and
b) The project will not cause excessive expansion of public facilities and/or expense to the taxpayer.
The site is physically suitable for the type of development because:
4 The proposed cluster-type of development and open space areas will minimize grading and removal of trees;
b) The proposed development will not effect any unusual topographic or geologic features on the site; and
c) No significant natural vegetation exists on the site.
The site is physically suitable for the proposed density of development because:
a) Proposed dwelling units per acre do not exceed the allow- able maximum.
The design of the subdivision or the imposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because:
4 All potential environmental impacts have been addressed in a certified Environmental Impact Report and all pertinent mitigation measures, suggested in said report, have been imposed as conditions of approval. Satisfaction of those
conditions will mitigate the potential of any significant environmental impacts.
The design of the subdivision or 'the type of improvements are not likely to cause serious public health problems because:
a) Conditions of approval will insure the above.
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The design of the subdivision or .the type of improvements will not conflict with the easements required by the public at large for access through or use of property within the pro- posed subdivision because: e
a) Conditions of approval will insure the above.
The subdivision will not prohibit reasonable access to public, waterways, rivers, streams, lakes, reservoirs, coastlines or shorelines because:
a) The subdivision does not front on any of the above.
The subject application has complied with the requirements of the Carlsbad Environmental Protection Ordinance of 1972 because:
a> An Environmental Impact Report has been certified for this project.
LO) The proposed tentative tract map is consistent with applicable City Public Facilities Policies and Ordinances because:
a) The Planning Commission 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 Planning Commission will by inclusion of an appropriate condition to this Tentative Subdivision Map approval, insure 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 will add a condition that a note be placed on the final map providing that building permit may not be issued for lots in the subdivision -unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available and building cannot occur within the subdivision unless sewer service remains available, 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 this Tentative Subdivision Map approval.
NOW, THEREFORE, BE IT FG?L'~OJJVED by the Planning Commission oj
the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That in view of the findings heretofore made and considering
the applicable law, the decision'of the Planning Commission
is to approve CT 77-2, subject to the following conditions:
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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 A, dated April 13, 1977.
a) 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 subdivision.
b) This subdivision is approved upon the express condition that building or grading permits will not be issued for development on the subject property unless'the City Enginee determines that sewer facilities are available at the time of application for such permit and wili continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not applicable, 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.
c) This Tentative Subdivision Map 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 final map approval, the applicant shall satisfy the requirementsof such plan as a further condition of this Tentative Subdivision .Map approval.
Lot No. 112 shall be dedicated to the City in conjunction with Unit No. 1 Lot No. 145 shall be dedicated to the City in
conjunction with Unit 'No.' 4. The dedication of these lots shall satisfy all of the requirements of Ordinance No. 9190.
All of the applicable mitigation measures as identified in the Environmental Impact Report (EIR-115(A) for this report shall be implemented ai follows:
Required With Grading Permits:
a) During grading and construction, all waste chemicals, especially lubricants, paints* and fuels, shall be properly contained and transported off the site where they can be recycled or destroyed.
b) This subdivision is approved upon the express condition that building or grading permits will not be issued for development until all facilities, such as storm drains, energy dissipators and desiltation basins, necessary to
prevent adverse impacts from project runoff shall be
installed per the requirements of the City Engineer.
cl Grading shall be limited to the minimum area necessary to accomplish the development.
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Clearing operations shall not be initiated in advance of grading.
Grading activities shall be coordinated with the local precipitation pattern. '
Drainage facilities shall be constructed concurrent with grading activities as required by the City Engineer.
Final surface shall be watered and rolled to form a hardened, compacted cap of soil to minimize dust and erosion due to surface.
Surface shall be graded so as to direct runoff toward planned drainages, and, if possible, away from cut and fill slopes. .
Ground cover for slope erosion control shall be planted and maintained per the requirements of the Parks and Recreation Director.
The applicant and the City, improvement plans, when considering grading and shall strive to preserve as many mature eucalyptus trees as possible. Said plans shall show the location' and size of all trees to be removed.
Construction and grading equipment shall only be serviced and washed at locations adequately equipped to dispose of wastes.
Standard grading practices, control, shall be used. such as watering for dust
Construction activities shall only take place between
the hours of 7100 A-M. and 7~00 P-M,
Prior to the issuance of a grading permit, the applicant shall cause to have conducted a systematic posthole test, productions of a service map, and the preparation of a report. This work shall be done by a recognized archae- ological organization to determine if additional steps are necessary to preserve the archaeological resources of the site. The organization shall submit a report to the Planning Director setting forth its findings. Based on the report's findings, the Planning Director may conside: the imposition of additional considerations deemed necessar: in view of the archaeological report:
Required With Improvement Plans:
Bike lanes and/or paths shall'be provided as required by
City Council policy.
Hosp Way shall be improved and connected to El Camino Real prior to, or concurrent with, the recordation of Phase No. 3 of this subdivision.
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5. All of the pathways required in the final PUD.plan.shall be improved as required by the Parks and Recreation Dlrector and City Engineer.
6. An open space easement shall be granted to the City for e
each of the common open space lots. The open space easement
for lot No. 131, in the area between lots Nos. 120 and 121,
shall provide for public access.
7. Prior to the approval of the final map, the applicant shall submit a copy of the proposed covenants, conditions and restrictions (CC&R's) to be recorded with this subdivision to the Planning Director for his review.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
9 City of Carlsbad Planning Commission held on March 8, 1977, by
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11 AYES: Commissioners Fikes, Jose, Watson, L'Heureux
12 NOES: Commissioners Larson, Nelson .
13 ABSENT: Commissioner Rombotis
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1 /I PLANNING COMMISSION RESOLUTION NO. 1367 ' - I 2
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RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNI.A, CONCERNING A PLANNED UNIT DEVELOPMENT FOR 130 DWELLING TUNITS ON 43.9 ACRES LOCATED ON THE SOUTH SIDE OF HOSP
WAY ADJACENT To MoNR& k&Ab. CASE NO.: PUD-8 APPLICANT: KAMAR CONSTRUCTION
WHEREAS, a verified application for a certain property,
to wit: Those portions of Lots 2, 3, 4, 5, and 27 and of Canon Street in Hosp Eucalyptus Forest Co.'s Tract No. 1 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof 1136 filed in the office of the County Recorder of San Diego County, June 8, 1908, described in Assessor's Book 156, Page 090, Parcels 36, 37, 38 and 39 and more particularly described in the files of the City of Carlsbad Planning Department
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
17 as provided by Title 21 of the "Carlsbad Municipal Code"; and
i WHEREAS, the public hearing was held at the time and in 18
19 the place specified in said notice on May 11, 1977; and
20 WHEREAS, at said public hearing, upon hearing and con-
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sidering the testimony and arguments; if any, of all persons who
desired to be heard, said Commission considered all factors
relating to the Planned Unit Development and found the following
facts and reasons to exist:
1) The proposed use at the particular location is necessary and
desirable to provide a service or facility which will contribute
to the general well-being of the,.neighborhood and the community because: /
a) The.development will allow the subject property to be developed to its allowable potential and density. xxxxxxxxx
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The use will not be detrimental to the health, safety or gen- eral welfare of the persons residing or working in the vicinity or injurious to property or improvements in the vicinity because:
a) The proposed PUD is consistent with the approved Master Plan for the area; and
b) The proposed PUD will be developed in a manner consistent with the anticipated future density in the area.
The design criteria set forth in Section 21.45.110 and all minimum development standards set forth in Section 21.45.120 will be met because:
a) The proposed cluster-type of development and open space areas will minimize grading and removal of trees.
b) The grouping of units and private streets provides for usable recreation area, preserves trees and reduces need for grading.
cl The proposed landscaping program as required by PUD will retain the existing character of the grove and minimize
the need for extensive irrigation systems.
d) The design of the development will be compatible with surrounding development which is also developed as in a PUD manner or apartments.
The granting of this permit will not adversely effect and will be consistent with the General Plan for the City, applicable specific plans, and the adopted plans of any governmental agency because:
4 The proposal is consistent with the applicable portions of the Land Use, Circulation, Parks and Recreation and Open Space Elements of the General Plan.
b) The present Specific Plan will be deleted and replaced by this PUD.
cl No plans of any other governmFnta1 agency are effected by this proposal.
The subject application has complied with the requirements of the Carlsbad Environmental Protection Ordinance of 1972 because:
-4 An Environmental Impact Report has been certified for this project.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission
the City of Carlsbad as follows:
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A)
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That the above recitations are true. and correct.
That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to approve PUD-8, subject to the following conditions:' *
The approval is granted for the land described in the appli- cation and any attachments thereto, and as shown on the plans submitted labeled Exhibit A, dated April 13, 1977, Exhibit B, dated February 2, 1977, Exhibit C dated April 22, 1977, and Exhibit D dated May 11, 1977. The location of all roadways,
parking areas, landscaping and other facilities or features shall be located substantitally as shown on Exhibit A unless otherwise provided herein.
In addition to the required details to be shown on the final PUD
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plan, the following shall be included: .
The units along the eastside of Monroe Street shall be set back a minimum of 30' from the right-of-way and 10'
from the top of a cut bank. AII alternative to this condition would be the installation of a 6' high sound attenuation wall along the top of bank adjacent to the east side of Monroe Street. The design of said wall shall be approved by the Planning Director prior to the issuance of building permits.
Proper lot numbers in sequence.
No tree symbols.
A lighter topographic base (Exhibit A of CT 77-2, dated April 13, 1977, will satisfy this requirement).
Approved phasing.
Elimination of grading and the words, "TO Retain Natural" within the City park area,
The southern-most recreational vehicle storage area shall be relocated as approved by the Planning Director.
Paths through the public and private open space areas as required by the Parks and Recreation Director.
Fencing and screening plan for the recreational vehicle storage areas.
Garages set back a minimum of 25' from the private drives.
. All pertinent dimensions.
Final plans shall be drawn on 24" x 36" sheets.
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3) A detailed landscape and irrigation plan shall be submitted to the Planning Department and shall be approved by the Parks and Recreation Director for all graded slopes 5' or greater in height and any other areas required by the City prior to -
issuance of a grading permit, or if no grading permit is
required, prior to issuance of building permits. This plan
shall incorporate acceptable drought resistant plant materials and acceptable water conserving irrigation systems. All
improvements shall be installed prior to final occupancy.
4) Lighting adequate for pedestrian and vehicular safety shall be pram Cb Che Wis~aalion of the City Engineer prior to issuance of final occupancy.
5) All utilities shall be placed underground. The CC&R's for
this project shall state that individual, exterior television antennas are not permitted.'
6) One hour fire resistive construction shall be utilized for all separation walls. A separate utility system shall be provided for each dwelling unit.
7) All of the appliable mitigation measures as identified in the Environmental Impact Report (EIR-115(A) for this project shall be implemented as follows:
4 The applicant shall provide a letter from the North County Transit District as to whether or not bus service will eventually be routed through this development. If bus service is to be provided, the applicant shall make whatever on-site improvements are required by the City Engineer.
b) Homes that will be impacted by the expected noise levels generated by Monroe Street traffic shall be properly insulated and buffered as required by state and local laws Prior to the issuance of building permits, the applicant shall provide a report from an accoustical engineer suggesting provisions that would protect homes from noises
generated by the expected traffic along Monroe Street when it connects to Marron Road. The Planning Director may
include any of the provisions that he feels are feasible as conditions of the building permits.
cl All existing City policies and ordinances for resources conservation at time of development shall be utilized in this project,
d) Only low-volume flush toilets shall be used.
e) All private lighting shall be energy conserving tlherever determined feasible by the City Engineer. Outdoor
lighting, adequate for safety and security,. shall be vapor metal. Indoor lighting in all bathrooms and kitchens, and wherever else determined feasible
by the Planning Director shall be fluorescent.
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Every roof shall be constructed of fire retardant materials.
A solid fence of suitable material for reducing noise around the amphitheater; materiai and location as'approved by the c
Planning Director.
Night lights on the tennis courts will be so designed not to reflect and shine into existing or proposed homes.
All conservation measures as submitted by the applicant shall be implemented:
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Weatherstrip all exterior doors.
Insulate exterior walls with R-11 insulation.
Insulate all ceilings with R-19 insulation.
Engineer heat system for minimum size furnaces.
Provide for Chronatherm thermostats.
Insulate all furnace ducts.
Double insulation of all party walls plus sound proofing.
Pilotless furnaces.
Short furnace runs.
Low water capacity toilets.
Restricted flow shower heads.
Low flow lavatories and sink faucets.
Insulate hot water piping where exposed.
Centrally located hot water heaters.
Caulk under all exterior walls.
Sodium vapor tennis court lighting.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Of Carlsbad Planning Commission held on May 11, 1977 by
the following vote, to wit:
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AYES: Commissioners Fikes, Jose, Watson and L'Heureux
NOES: Commissioners Larson and Nelson
ABSENT: Commissioner Rombotis e
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I’ J ’ 8. STAFF REPORT ’ J v -.-.-.,' 7. ,-.,
CT I ' -- *'DATE: i ' APRIL 27, 1977 --. 1.
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>* TO: PLANNING COMMISSION
FROM: - PLANNING DEPARTMENT b
CASE NO: PUD-8/CT 77-2/SP-160
UM4R @ON!XURUUlION UOMPIIN!,!
REQUEST:
:
APPROVAL OF A PLANNED UNIT DEVELOPMENT AND TRACT MAP TO PROVIDE 130 DWELLING UNITS ON 43.9 ACRES AND DELETION OF AN EXISTING SPECIFIC PLAN FOR THE SAME AREA.
SECTION I, RECOMMENDATION
Staff recommends APPROVAL of PUD-8, CT 77-2 and SP-160 based on
the following findings and subject to the following conditions:
FINDINGS (PUD-8)
1. The proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general we&being of the neighborhood and the communj.ty because;
4 The development will allow the subject property to be developed to its allowable potential and density.
2. The use will not be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity or in- jurious to property or improvements in the vicinity because:
a) The proposed PUD is consistent with the approved Master Plan for the area; and
b) The proposed PUD will be developed in a manner consistent with the anticipated future density in the area.
3, The design cri%eriL se% forth in Section 21,45.110 and all minimum development standards set forth in Section 21.45.120
will be met because: . .'a)
b)
The proposed cluster-type of development and open-space areas will minimize grading and removal of trees.
The grouping of units and private streets provides for usable recreation area, preserves trees and reduces need
for grading.
The proposed landscaping program as required by PUD will
retain the existing.character of the;grove and minimize the need for extensive irrigation systems.
The design of the development will be compatible with surrounding development which is also developed as in a .
PUD manner or apartments. .
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1R of this permit will not _ 'j. be consiste - d ersely affect and will
b ,' with the General Plan for the City, applicable . specific plans, because: . and the adopt,ed plans of an.y governmental agency 1 I : .
a)- The proposal is consistent with the applicable portions of !
the Land Use, Circulation, Parks and Recreation, and Open k i Space Blements of the General Plan. 3 .
bl !Pb e preseniz 6
this PUD. pec???c Plan will be deleted and replaced by !
. , ; ..
cl No plans of any other governmental agency are affected by I
. this proposal. i
CONDITIONS (PUD-8)
1. The approval is granted for the land described in the application and any attachments thereto, and as shown on the plans submitted r
labeled Exhibits A, dated April 13, 1977, Exhibit B, dated February 2, 1977, and Exhibit C, dated April 22, 1977. .The location of all roadways, parking areas,landscaping and other facilities or features shall be located substantially as shown - on Exhibit A unless otherwise provided herein.
2, All conditions shall be appropriately completed and the project commenced within 18 months from final City,action.
3. In addition to the required details to be shown on the final PUD
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plan, the following shall be included: .::
The units along the east side of Monroe Street shall be set back a minimum of 30' from the right-of-way and 10' from the top of a cut bank. An alternative to this condition would be the installation of a 6' high sound attenuation wall along the top of bank adjacent to the east side of Monroe Street. The design of said wall shall be approved by the Planning Director prior to the issuance of building permits.
Proper lot numbers in sequence.
' No tree symbols
A lighter topographic base (Exhibit A of CT 77-2, dated April 13, 1977, will satisfy this requirement).
Approved phasing.
Elimination of grading and the words, "TO Retain Natural" within the City park area. . The removal of the recreational vehicle storage area shown on the south side of Hosp Way. This are& shall be relocated
as approved by the Planning Director. * . .
Paths through the public and private open space areas as required by the Parks and Recreation Director.
.2 .
i) Fencing and screening plan for the recreational vehicle P t js _. . : storaq
b .' "0
as. 0
I . , j) Garages\set back a minimum of 25' from the private drives.
k) Al.1 pertinent dimensions.
1) Final plans shall be drawn on 24" X 36" sheets.
4. A detailed landscape and irrigation plan shall be subnitted to the Planning Depnt and shall be approved by the Parks and Recreation Director-for all graded slopes 5' or greater in height and any othe2 areas required by thy Ci$y prior to issuance of a grading permit, or if no grading permit is required, prior to itmuz of building ptmih This plan shall incorporate acxeptable dm.@t resistant plant materials and acceptable water conserving irrigation systems. All improvenents shallbe installledpriortofinaloccupancy.
5, Lighting adequate for pedestrian and vehicular safety shall be provided to the satisfaction of the City Engineer prior to the issuance of final occupancy..
6. All utilities shall be placed underground. The C,C&R’s for this project shall state that individual, exterior television -antennas are not permitted.
7.- One-hour fire-resistive construction shall be utilized for all separation walls. A separate utility system shall be provided for each dwelling unit.
8. All of the applicable mitigation measures as identified in the Environmental Impact Report (EIR-115(A) for this pro7ectshall be implemented ai follo&; _
4 The applicant shall provide a letter from the North County Transit District as to whether or not bus service will eventually be routed through this development. If bus service is to be provided, the applicant shall make whatever on-site improvements are required by the City.Engineer.
b)
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Homes that will be impacted'by the expected noise levels generated by Monroe Street traffic shall be properly I
insulated and buffered as required by .state and local laws. i
Prior to the issuance of building permits, the applicant shall . i i provide a report from an accoustical engineer suggesting pro- i - visions that would protect homes from noise qenerated by the expected traffic.aioag Nonroe Street when it connects to Marron Road. The Planning Director may include any of the provisions that he feels are feasible as conditions of the building permits.
All existing City policies and ordinances for resource con- servation at time of development shall be utilized in this F
project. . t
Only low-volume flush toilets shall be used. f P i Vapor metal .and fluorescent lights shal;L be used wherever determined feasible by the City Engineer.
Any future swimming pools within this project shall be solar ..! heated. Plans with calcualtions as to the effectiveness of the system shall be submitted to the Building Director prior to any building permits.. i
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I. ;a ‘. propose map
FINDINGS (CT 77-2)
is consistent with the General Plan because:
The Land Use Plan designates the subject site for Medium-Density Residential (4-10 dwelling units per gross acre) and Open Space. The subject project will provide approximately 6 dwelling units.per gross acre and open space areas consistent with the Land Use Plan.
Monroe Street.shall be further extended as's secondary arterial as shown in the Circulation Element.
Park land shall be dedicated as shown in the Parks and Recreation Element. .
Open Space shall be preserved as shown in the Open Space . Element.
Refer to finding No. 10 for discussion of the Public
Facilities Element of the General Plan.
The design or improvement of the proposed subdivision is con- sistent with the General Plan because:
a) The project.wi.11 provide orderly residential development; and
b) The project will not cause excessive expansion of public‘ facilities and/or expense to the taxpayer.
2.
The site is physically suitable for the type of development because:
a. The proposed cluster-type of development and open space areas will minimize grading and removal of trees;
b. The proposed development will not affect any unusual topographic or geologic features'on the site; and
C. No significant natural vegetation exists on the site.
The site is physically suitable for the proposed density of
development because:
4 Proposed dwelling units per acre do not exceed the allowable maximum.
The design of the subdivision or the imposed improvements are
not likely to cause substantial environmental damage or sub-
stantially and unavoidably injure fish or wildlife or their habitat because:
a) All potential environmental impacts have been addressed in a certified Environmental Impact Report and all pertinent mitigation measures, suggested in said report, have been
imposed as conditions of approval. Satisfaction of those
conditions will mitigate the potential of any significant environmental impacts.
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0' The design of the subdivision or, the type of improvements are not likely to cause serious public health problems because:
Condi<ions of approval will insure the above. .-
rlho design of the iai&i! ivision or the type of improvements will
not conflict with the easements re&Lred by the publ;& ak lzr@ for access through or use of property within the proposed sub- division because:.
a) Conditions of approval will insure the above.
The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs, coastlines shorelines because:
or
a)
The the
a.
The subdivision does not front on any of the above.
subject application has complied with the requirements of Carlsbad Environmental Protection Ordiance of 1972 because:
An Environmental Impact Report has been certified for this project.
The proposed tientative tract map is consistent with applicable City Public Facilities Policies and Ordinances because:
a) The Planning Commission 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 Planning Commission will by inclusion of an appropriate condition to this Tentative Subdivision Map approval, insure 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 will add a condition that a note be placed on the final map providing that building permit may ndt issue for lots in the subdivision unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available and building cannot,occur within *,'ne s-&Jdivisiinn ~7nles.s sewer service remains available, the Planning Commission is satisfied that the requirements of the public facilities element of the General Plan
have been met insofar as izhey'apply t0 this ‘ikIltad.ve Subdivision Map approval. . -._
CONDITIONS (CT 77-2)
The approval is granted for the land described in the application and any attachments thereto and as shown on the plot plan sub- mitted labeled Exhibit A, dated April 13, 1977.
r 2-a) This subdivision is approved on the express condition that 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.
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This subdiv' ion is approved upon the i.
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press condition
that buildi permits will not be iss for development
on the subject property unless the City Engineer determines 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 applicable, building permits will
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. .
This Tentative Subdivision Map 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 final map approval, the applicant shall satisfy the requirements of.such plan as a further condition of this Tentative Subdivision Map approval.
Lot #132 shall be dedicated to the City in conjunction wit-h
Unit # 1 - Lot #145 shall be dedicated to the City in con- junctionth Unit' # 4 The dedication of
satisfy all of the requireknts of Ordinance
these lots shall #9190.
~11 of the applicable mitigation measures as identified Environmental Impact Report (EIR-115(A) for this report be implemented as follows:
in the shall
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Required with grading permits: :;
During grading and construction, all waste chemicals, especially lubricants, paints and fuels, shall be properly contained and transported off the site where they can he recycled or destroyed.
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All facilities, such as storm drains, energy dissipators
and desiltation basins, necessary to prevent adverse
impacts from project runoff shall he installed per the requirements of the City Engineer. c .
Grsdirq scald be limited to the minimum area IleCeSSary
to accomplish the development,
Clearing operations shall not.be initiated in advance of ,
grading. ! .
Grading activities shall be coordinated with the local precipitation pattern.
Drainage facilities shall be constructed concurrent with grading activities as required by.the City Engineer,
Final surface shall be watered and rgJled to form a hardened, compacted. cap of soil to minimize dust and erosion due to surface.
Surface shall be graded so as to direct runoff toward planned drainages and, if possible, away from cut and fill..,,
slopes * -
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Ground.pc r for slope erosion coni- shall be planted
and mai ;arned per the
a
requireme ' m o1 the.Parks and .
pecrea n Director.
-.. The applicant and the City, when considering grading and improvement plans, shall strive to preserve as many meture
eucalyptus trees as possible. Said plans .sh;all show the location and size of all trees to be removed.
Construction and grading equipment shall only be serviced and washed at locations adequately equipped to dispose of wastes.
Standard grading practices, such as watering for dust control, shall be used.
Construction activities shall only take place between the hours of 7:00 A.M. and 7:OO P.M.
Prior to the issuance of a grading permit, the applicant shall cause to have conducted a systematic posthole test, production of a surface map, and the preparation of a
report. This work shall be done by a recognized archae-
ological organization to deterrnine if additional steps'
are necessary to preserve the archaeological resources of the site. The organization shall submit a report to the Planning Director setting forth its findings. Based on the report's findings, the Planning Director may consider
the imposition 'of additional conditions deemed necessary
in view of the archaeological report.
Required with improvement plans: .::
Bike lanes and/or paths shall be provided as required by City Council policy.
Hosp Way shall be improved and connected to El Camino Real prior to, or concurrent with the recordation of Phase 83 of this subdivision.
All of the pathways required in the final PUD plan shall
be improved as required by the Parks and Recreation Director and City Engineer.
An open space easement shall be granted to the City for each of the common open space lots. The open space ease- ment for lot #131, in the area between lots #120 & 121, shall'provide for public access.
FINDIMGS (SP-160 )
The proposed Specific Plan Amendment deleting SP-160 entirely consistent with all applicable City policies and ordinances because: _ .,'
a') The entire developmentarea has been superceded by the approval of a Planned Unit Development permit (PUD-8) as provided for in the Carlsbad lYunicipa1 Code.
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6, ,! CCNDITIONS !sP-160
NONE NECESSARY
. SECTION II, BACKGROUND
Location and Description of the Property
The 43.9 acres of land lies within the forested area known as HOSP'
'Grove. The site is directly north of Buena Woods' first phase of
deve.lopment at the northeast intersection of Elm Avenue and Monroe.
--.-. Street. ,
The elevation of the site varies from approximately 200 feet along the east and west sides of the property down to approximately 50 feet where the Monroe Street extension crosses the. northerly property
* line. Near the center of the site, there is an eroded arroyo,
sometimes referred to as a natural amphitheater.
Existing Zoning:
Subject Property: North: East:
South:
Existing Land Use .West:
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' Subject Property: North: East: South: West:
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P-C P-C R-A-10,000
P-C R-l
Vacant eucalyptus grove Vacant eucalyptus grove SFR's and water tank Condo's (Buena Woods) :.. SFR's
: History and Related Cases
A zone change (ZC-3) from R-A-10,000 to P-C was approved OIJ March 3, 19'70 (Ordinance No. 9250). A Master Plan (MP-1) for
163 acres, encompassing the proposed site, was approved on
March 3, 1970 (Resolution No. 1694).
A Specific Plan (SP-32) and Tentative Map (CT-72-11) for the first
phase of the Buena Woods development was approved in JULY, 1972. This first phase is now built and occupied.
An Environmental Impact Report (EIR-115) covering this area was
certified by the City on May 15, 1973. A Specific Plan (SP-160)
and Tentative Map (CT 74-13) were approved on December 3, 1974. These earlier actions approved 135 units, in c.onfigurations ranging from a single unit to four attached units, on 43.2 acres. Two
-- . extensions to the tract map have been approved and the current map will expire on December 3, 1977.
Environmental Impact Information .
~Ple proposed project is basically the same as that pfeviously approved, Only the configuration of the units has been changed and additional recreational facilities have been provided. The
reason a 'new EIR is being prepared is to supplement the original - EIR with more specific information and to provide for the new
process (Planned Unit Development) being utilized by the applic.ant.
The new EIR is to be considered independently of the original EIR and must be' certified prior to consideration of the PUD and tract
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“'General Plan Information -..
The Land Use Plan Map designates the subject site as Open Space and Medium Density Residential as shown below: -m
~ A’ . i . , G, 0 I '*The proposed development drawn in Land Use Plan Map style, would look as follows:
.
The applicant is providing 22-l acres of openspace, generally as ' shown on the Land Use Map. The only questionable area is'west of
the Monroe Street extension, The proposal shows 16 units immediately
'on the west side of Monroe Street. The.General Plan shows,open space-
The adopted Master Plan does show units in this area.
The proposal shows 130 units on 12.8 acres of private lot area, resulting in a net density of 10.2 dwelling units per acre. The
Land Use Map allocates a gross density of 4-10 dwelling units per acre. By including the proposed street areas of 9 acres, the effective gross density of the proposal is 6 dwelling units per acre.
The proposed extension of Monroe Street as a secondary arterial is consistent with the Circulation Element.
The proposed park dedication areas are consistent with the Parks and
Recreation Element and the Open Space Element.
Public,Facilities
At this time, all necessary public facilities, including sewer -
service, are available to servo the subject project as proposed.
liowever, sewer facilities may not be available when applications are
' made for building permits. If sewer facilitxes are not available
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.i ’ . . 'at the time of b 'lding permit applicatio rb building permits will . . . n& be issued until arrangements satisfactory to the City Council L can be made to guarantee that all.necessary sewer facilities will
be availab,le prior to occupancy0
The site is within the Carlsbad Unified School District. A letter
from the District is on file assuring the City that school physical. facilities will be available concurrent with need for this develop- ment.
This development is also providing for the dedication of substantial ,acreage for park purposes. The linear park along the west side of Monroe will be improved with a path and will eventually provide a . link betw,een Elm Avenue and Buena Vista Lagoon. The arroyo area will provide a natural amphitheater for special functions.
Major Planning Considerations
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1) Is the request consistent with the General Plan?
2) Does the request meet the intent and purpose and development . I
standards as provided in Chapter 21.45 of the Car&bad Municpal Code?
SECTION III. DISCUSSION
1. Staff feels that the proposed requests are consistent with the General Plan (see the Genera 1 Plan section of the background report). The only question arose in comparing the proposed development to the Land Use Plan.map. The Land Use Plan shows Open Space along the westerly side of Monroe Street whereas the proposed developmen t shows a total of 16 dwelling units immediately adjacent to the westerly, Monroe Street right-of- way. However, the intent of the General Plan Map is to show . the general outlines of various land use allocations. The boundaries are not intended to be precise, and a reasonable transition of uses is not precluded by the plan map boundaries. The adopted Master Plan and current Specific Plan for the area does show development on the west side of Monroe Street.
3 I. Staff considers the proposed project to be in conformance with the ; Y-lCDYtC -LA1 CC-II a- and y&rpos-, =f the D1 anned Unit Development Ordinance I-_. L - -. _ _ _. - - under the following categories of Section 21.45.010:
2) Encourage imaginative and innovational planning of residential i
neighborhoods and commercial and industrial areas by offering t
a wide variety of dwelling units and building types and site r
arrangements with well-integrated community facilities and services;
4) Permit greater flexibility in design than in possible through strict application of conventional zoning and subdivision regulation.
.
* Staff does have concerns about some of the design features of the proposal. These concerns and staff’s comments are as fo3.10~~;
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the 16 units,on the dest side of Monroe Street -. . - l , and the 3 units on the east side of .Hosp Way: The optimum situation for this type of development would be
to have all of the units within the area bounded by Hosp Way and Monroe Street. This would afford each of the .- future residents easy access to the recreational amenities
without having to cross any major public streets. Also, the park area on the west side of Monroe Street and the open space area along the south arid east side of Hosp Way would have a more pleasing visual impact on travelers along these streets if the views were not interrupted by dwelling units. However, the Master Plan and the current Specific Plan for this development was approved by the City. showing development in these areas.
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b) Regarding the units backing up to the eastklrly right- of-way of Monroe Stree: w
Because of the cut required to improve Monroe Street through this property and the height of the units backing up to Monroe Street, and adverse visual impact on the traveling public along Monroe Street. would occur if the development occured as presently proposed. Also, the expected future traffic along Monroe Street would have a significant adverse effect on the residents of those units. Staff has recommended a condition that would-require the affected units to be set back 30 feet from the Monroe Street right-of-way . or allow the setbacks as shown (minimum of approximately 22') if the developer installs a 6' high sound attenuation' wall along the top of bank adjacent to the east side of Monroe Street.
Also, staff considers the proposed'project to be in conformance with the regulations of the Planned Community Zone set forth in Section
21.38.150(3) as follows: 7
The undeveloped portion of the approved Master Plan contain's more than 100 acres, The decsity and other provisions of the Xaster .
Plan have been met with this PUD request. If the City Council determines it necessary for proper development to occur, they may deny the PUD request and require an amendmeilt to the existing Master Plan to bring it into accord with the provisions of the Planned Community Zone.
Staff believes that a PUD is the proper method to develop the property. A PUD provides for the inovative design necessary in this area. Also much of the Master Plan area is already developed and an
amended Master Plan would tiot add significantly t.o the project. ‘.d . . . . *.-.-- ‘,' . -- .:. -. .
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c 'T:be following summarizes the development ndards in the PUD
Ordinance and how these requirements are
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met by the proposed plan: - .
2.
3.
-4. Height
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6,
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. : 7.
8.
9.
Density '
allowed: 4-10 du's/acre (MP=140 du's) ?roposed: 6 du's/acre (130 du's proposed)
Yards
allowed (structures): 10' min.
proposed: 10' allowed (garages) : 25' min.
pronosed r ‘20’ (conditions-of-apprbval . - require 25')
Coverage
allowed: No minimum P-C Zone
proposed: 16%
allowed: No'maximum in P-C Zone
,proposedi 31' max. above grade
Parking
residential : required: 325 spaces (195+130 guest spaces)::
proposed: 398 spaces (260 t 138 quest spaces z?.ot
including on-street pa.rking) -
;
Storage Space
required: 5200 sq.ft. proposed: 8000 sq.ft. (2-4000 sq..ft- areas)
Refuse Areas
Individual-unit trash containers are proposed. Staff feels t-his is appropri.&-- be~a~sp of the individual character of
the units. '..
Screening of Parking Area
Landscape plan requirement will assure fulfillment of this condition.
U&able Open Space
required: 1.2 adres proposed: '9.4 acres of.common area includes -38 acres of active recreational.area (tennis courts and cabana) and more than the required 1.2 acres are improved with. pedestrian pathways and view areas.
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12.
13.
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14.
15. Pedestrian Walkways
Conditions of'approval will assure~fulfillment of this requirement.
16. Lighting
17.
Open Space (Non-residential)
Lm-(not used for recreation)
Project site is currently plenishod with groves of mature eucalyptus trees. As many trees as possible will remain.
Therefore, a low maintenance landscaping concept will be empha- sized with erosion control landscaping on manufacturing cut and
fill banks as approved by the required landscape and irrigation
plan,
Sigis
Type: Wood. Height: 48" Size i 3‘6" X 10' 135 sq.ft) . - Placement of Buildings
Proposal meets ordinance requirements as follows:
A. $.O' miti. between units. .,: .
B 5' min. between accessory structures C 10' min. between wings of a building. D All but 2 units are of a 2-unit attached configuration. E. All units along the east side of Monroe Stree are required to be setback from the'R.0.W. a min. of 30' and from the'top +
' ofabankamin, of 10'unless an alternative of a sound
attenuation wall is provided. .:
Streets Two-way private drives, no parking either side: ._
required: 24' provided: 24'
.
Conditions of approval will assure fuifii.Iment of this requirement.
Utilities
Conditions of approval will assure fulfillment of this requirement.
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-. II , .,‘l$., nstruction Requirements 0 __
L Building !!!
- . . Conditions of ahprbval will assure fulfillment of this requirement.
19, Planned Unit Development Lots
Proposal meets ordinance requirements.
__-.. - Attachments:
Location Map c PUD: Exhibit A, dated 4/13/77. Exhibit B, dated Z/2/77
Eukibit C!, dated 4)22)77 ’
CT : Exhibit A, dated 4/13/77
MZ:ar 4/20/77
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