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HomeMy WebLinkAbout1977-09-06; City Council; 5088-2; CT/PUD/SP Buena Woods- KamarAGENDA BILL-NO.mnt Tiln 3 DATE: .. September 6, 1977 ; I % “/; .’ DEPARTMENT: City Attornev Initial: Dept.Hd. C. Atty.vq~j&? C. Mgr. 6 Subject: CT 77-2, PUD-8, SP-160(A): BUENA VOODS - KAYAR REFERENCE AB 5088 Statement of the Matter The City Council at your meeting of August 16, 1977 directed the City Attorney to prepare the necessary documents to repeal Ordinance No. 9411 and Specific Plan (SP-160) and to approve Tentative Map (CT 77-2) and Planned Unit Develop- ment (PUD-8). Exhibits Ordinance No. repealing Ordinance No. 9411 and Specific Plan (SP-160). Resolution No.~/F~ , approving Tentative Map (CT 77-2). Resolution No. ‘tow I approving Planned Unit Development (PuD-8). Recommendation .- 1f the Council concurs, your action is to introduce Ordinance Noqd@ t which repeals Ordinance No. 9411 and Specific Plan (W-160), and adopt Resolution No.&"/v,$ , approving Tentative Map (CT 77-2),and Resolution No Planned Unit Development (PUB-8). . K/y? , approving Council action 9-e-77 g-20-77 Ordinance #9490 was introduced for a first.reading, repealing Ordinance #9411 and Specific Plan SP-160. Resolution #5193 was adopted, map CT 77-2, was adopted. approving with conditions tentative Resolution #5194 was adbpted, permit PUD-8. approving a Planned Unit Development 1 Ordinance #9490 was given a second reading and adopted. -. . ’ 1 2 3 4 5 6 -7 8 9 10 3.1 22 2 :. 22 , 24 2: 26 27 2E 0 ORDINANCE NO. 949O AN ORDIZiIANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, .REPEALING ORDINANCE NO. 9411 AND SPECIFIC PLAN (SP-160) FOR 43.9 ACRES OF PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HOSP WAY ADaJACENT TO !4ONROE ROAD. APPLICANT: KAMAR CONSTRUCTION. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Ordinance,No. 9411 and Specific Plan (SP-160) arehereby repealed. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, aRd the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 6th day of September , 1977, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 20th day of September f 1977, by the following vote, to wi- AYES: Councilmen.Lf!wis, Packard, Skotnicki and Councilwoman Casler NOES: None ABSENT: Councilman Frazee ROBERT C. ATTEST: (SEAL)- i RESOLUTION NO. 5194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAFUSBAD, CALIFORNIA, APPROVING A PLANNED UNIT DEVELOPMENT PERMIT (PUD-8).FOR 130 DWELLING UNITS ON 43.9 ACRES OF PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HOSP WAY ADJACENT TO MONROE ROAD. APPLICANT: KAMAR CONSTRUCTION. . . 'I. WHEREAS, the Planning 'Commission of the C& of Carlsbad the, application of Kamar Construction for a Planned Unit Develop- ment Permit for 130 dwelling units on property generally located on the south side of Hosp Way adjacent to Monroe Road, more . particularly described as: i i ' , 3 1 I 1 1 L ? 3 h 5 5 7 3 3 3 1 2 3,. 4 5 6 7 8 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 6an Diego County, June 8, 1908, described in Assessor's Sook 156, Page 090, Parcels 36, 37, 38 and 39 and more particularly described in the files of the City of Carlsbad Planning Department. _ WHEREAS, an Environmental Impact Report (EIR',llSA) has been prepared and discussed at duly noticed public hearings before the , Planning Commission and the City Council, and the final report has been certified as complete in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 197; and the California Environmental Quality Act; . WHEREAS, at the conclusion of said hearing the Planning Commission of the City of Carlsbad, adopted Resolution No. 1367 and i WHEREAS, on August 16, 1977.the City Council held a public hearing on the matter and received all recommendations and heard all persons interested in or dpposed to the approval of Planned $ . 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 . 1) Unit-Development Permit (PUD-8); 0 NOW, .THEREFORE, BE IT RESOLVED by the City Council of the I 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. 1367 constitutethe findings of th&City Council in this matter. wept as they Wdfe ts the puUic &xilitielT 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 Planned Unit Development 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 I 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 conditionsr 1, The approval is'granted for the land described in the application and any attachments thereto, and as shown 2. . . : , . . A I 4 f I I ! l( 11 i- G 1E 19 20 21 22 23 24 25 26 27 28 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, on file in the Planning Department and incorporated by reference herein. The location of all roadways, parking areas, landscaping and other facilities or features shall be located sub: stantially as shown on Exhibit A unless otherwise provided herein. 2, In addition to' the requir@d datai&! to b~ ahowa 8~ the final PUD plan, the following‘shall be included: a) bl cl d) d f) 9) h 1 i) j) k) 1) The units along the east side of Monroe Street shall be set back a minimum of 30 ft. from the right of way and 10 ft. from the-top of a cut bank. An alternative to this condition would be the installation of a 6 ft. high sound attenuation wall along the top of bank adjacent to the east side of Plonroe 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, requirement). 1977, will satisfy this 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 Plan- ning 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 ft. from the private drives. All pertinent dimensions. - Final plans shall be drawn on 24 inch x 36 inch sheets. 2 . 3 4 5 6 7 8 9 10 11 20 21 22 23 24 25 26 2’1 28 3. 4. 5. 6. 7. A. detailed laRdscape 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 .ft. 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 ma&erJalti aiid $8@~J!!$bl8 W94OF @on@ serving irrigation systems. All improvements shall be installed prior to final accupancet Lighting adequate for pedestrian and vehicular safetyshall be provided to the satisfaction of the City Engineer prior to issuance of final occupancy. All utilities shall be placed underground. One hour fire resistive construction shall be utilized for all separation walls. A separate utility system shall be provided for each dwelling unit. All,of the applicable mitigation measures as identified in the Environmental Impact Report (EIR-115(A),) for this project shall be implemented as follows: a4 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 &site improvements as are required by the City Engineer, b1 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 pro- visions 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. 4. . , . . 1 2 3 4 9 6 7 8 9 1c 11 1: 2( 21 2: 21 21 2! 2t 2: 2l e) All private lighting shall be energy conserving .wherever determined-feasible by the City Engineer Outdoor lighting, adequate for safety and securit shall be vapor metal. Indoor lighting in all bathrooms and kitchens, and‘wherever else deter- mined feasible by the Planning Director shall be fluorescent. 8. Every roof shall be constructed of,.fire retardant lnater!als. I +.,5 9, A solid fence of suitable material for reducing noise around the amphitheater; material and location as . approved by the Planning Director. 10. Night lights on the tennis courts will be so designed not to reflect and shine into existing or proposed homes. 11. The following conservation measures shall be con- structed by the applicant as a part of the dwelling units: a) b) C) d) d f) 9) h) i) j) k) 1) ml n) 0) P) 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. c 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. 5. 4, *\ s ; e. . r ,I > 1 2 3 4 5 .6 3 8 9 10 11 12 '19 20 21 22 .23 24 25 26 27 -. 28 12. 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 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 available, building permits will not be issued until arrangements, satisfactory to the'City Council, . can be made to guarantee that all neFessary sewer facilities will be available prior tie occupancy. 13. This Planned Unit Development shall be subject to any further approvals as may be necessary in'connection with such plan for the allocation bf 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 a further permits. PASSED, APPROVED MD ADOPTED at a regular meeting of the Carlsbad City Council held on the 6th day of Seotember , 1977 by the following vote, to wit: AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and Councidlwoman Casler NOES: None ABSENT: None ATTEST: : . . . . : . (SEAL) . ’ 6. RESOLUTION NO. 5193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 77-2) TO PROVIDE 130 DWELLING UNITS ON 43.9 ACRES OF PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HOSP WAY ADJACENT TO MONROE ROAD. APPLICANT: KAMAR CONSTRUCTION. :' WBNEAS, on May 11,' 1977 the Carlsbad City?iaMing Cumi;islol 1366 recommending to the City Council that adopted Resolution No. Tentative Map (CT 77-2 WHEREAS, the City ) be conditionally approved; and Council of the City of Carlsbad on August lc 1977 considered the recommendations of the Planning Commission; ant WHEREAS, an Environmental Impact Report has been prepared and discussed at duly noticed public hearings before the Planning Commission and the City Council,.and the final report has been certified as complete in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 and the California Environmental Quality Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: . A. That the above recitations are true and correct. I B. That the'findings of the Planning Commission in Resolution No. 1366 constitute the fin-dings of the City Council in this matter. C. That said Tentative Subdivision Map, together with the provisions for its design and improvement and subject to the conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Map (CT 77-2) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and - I 6, 3 6 7 e 9 1c II li 9 to the satisfaction of the followirqconditions: 1. The approval is granted for the land described in the application and any attachments thereto and as shown on the Tentative Map submitted labeled CT 77-2, Exhibit A, dated April 13, 1977, on file in the 3. 4. 5. 6. Planning Department and incorporated by reference herein. r This g$#@sion is approved on the'iexpress 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 subdivis- ion. This subdivision is approved upon the express conditio: that building or grading permits will not be issued fo development on the subject property unless the City Engineer determines that sewer facilities are availz.bl 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. Thi condition shall be noted on the final map. e S . :f 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. I 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 No. 112 shall be dedicated to the City in con- junction with Unit No. 1. Lot No. 145 shall be dedi- cated to the City in conjunction with Unit No. 4. The dedication of these lots shall satisfy all of the requirements of Chapter .20.44 of the Carlsbad Municipa Code. 11 !d All of the applicable mitigation measures as identifie in the Environmental Impact Report (EIR-115(A)) for. this project shall be implemented as follows: a) During grading and construction, all waste chemicE 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 2, , 0 Q* cl d) e) f) 9) h) i) j) k) 1) ml not be issued for development until all facilities, such as storm drains,., energy dissipators and and desiltation basins, necessary to prevent adverse impacts from project runoff shall be installed per the requirements of the City Engineer Grading shall be limited to the minimum area necessary to accomplish the development. Clearing operations shall not be.jnitiated in advance of grading. Z*> Grading activities shall be coordinated with the local precipitation pattern. Drainage facilities shall be 'constructed concurrenl 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 cdver for slope erosion control shall be planted and maintained per the requirements of the Parks and Recreation Director. The applicant and the City, when considering grading and improvement plans, shall strive to preserve as many mature eucalyptus trees a! possible. Said plans shall show the locatlon and size of all trees to be removed. Construction and grading equipment shall only be serviced and washed at locations adequately equip5 to dispose of wastes. Standard grading practices, such as watering for dust control, sham11 be used. Construction-activities shall only take place between the hours of 7~00 A.M. and 7:00 P.M. The City'Engineer mav require that anv of the provisic of this condition be-satisfied in connection with the issuance of grading permits or at such other tlrnes during the developmen,t of this project as he consider: necessary. 7. Prior to the issuance of a grading permit, the applic; shall cause to have conducted a systematic posthole 3, - rt 1 2 3 4 5 . 6 . 7 8 9 10 11 > cj l- B 18 19 20 21 22 23 24 25 26 27 28 test;productions of a service map, and the preparation of a report. This' work shall be done by a'recognized archaeological 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 consider the imposition of additional considerations deemed necessary in v,+ew of the archaeological report. :*a fir Bike lanes and/or Daths shall be provided as required by City Council policy. 9. Street improvements shall be accomplished in the following manner: 1st Phase: Unit 1 - Full improvements of Monroe. Street and Hosp %?a y 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 offsite to Marron Road as a 28 ft. paved section to the satisfaction of the City Engineer. 4th Phase: Units 3 or 5: Full improvements of Hosp Way shall be improved along the entire frontage of Lot 139 to the satisfaction of the City Engineer 5th Phase: Remaining Unit. 10. All of the pathways required in the final PUD plan ' shall be improved as required by the Parks and Recreation Director and City Engineer. 11. An open space easement shall be granted to the City for each of the common open space lots. The open space easement for Lot No. 131, in the area between Lots No. 120 and 121, shall provide for public access. 12. Prior to the approval of the final map, the applicant shall submit a copy of the proposed covenants, conditic and restrictions (CC&R's) to be recorded with this subdivision to the Planning Director for his review and approval. 13. All public improvements shall be constructed as shown on the Tentative Map. * 4. - “C r I .A’*- . . c ’ 1 2 3 4 5 6 7 8 9 10 11 1% .2 b Ei lf 15 . 2c . 21 2: 21 21 2, 21 2' 2; , 0 *. 'PASSED, APPROVED AND ADOPTED at a regular meeting of the . Sarlsbad City. Coukil.held on the 6th' day of September , 1977 by the following vote., to wit: AYES: .Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler NOES: -None _. '.. ABSENT: None . ATTEST: (SEAL) 5.