HomeMy WebLinkAbout1984-02-07; City Council; 7613-1; ZC/CT/PUD - HumphreysIF CARLSBAD — AGENDQ3ILL
AR# 7613-1
MTG. 2/7/84
DEPT. CA
TITLE: APPROVAL OF TENTATIVE TRACT MAP AND
PLANNED UNIT DEVELOPMENT ON SOUTHWEST CORNER
OF EL CAMINO REAL AND CHESTNUT
ZC-268/CT 82-22/PUD-48 HUMPHREYS
DEPT. HD._>
CITY ATTY
CITY MGR.
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RECOMMENDED ACTION:
If the City Council concurs your action is to adopt Resolution
No. 7Y9^T" and adopt Ordinance No. 9705.
ITEM EXPLANATION
The City Council at your meeting of January 17, 1984 directed
the City Attorney to prepare documents approving the tentative
tract map and planned unit development CT 82-22/PUD-48 on 4.1
acres on property generally located on the southwest corner
of Chestnut Avenue and El Camino Real. That Resolution is
attached.
EXHIBITS
Resolution No.
Ordinance No. 9705
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RESOLUTION NO. 7495
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
A 30 UNIT PLANNED UNIT DEVELOPMENT AND TENTATIVE
TRACT MAP CT 82-22/PUD-48 ON PROPERTY GENERALLY
LOCATED ON THE SOUTHWEST CORNER OF EL CAMINO
REAL AND CHESTNUT AVENUE.
APPLICANT: HUMPHREYS
CASE NO.; CT 82-22/PUD-48
WHEREAS on November 23, 1983, the Carlsbad Planning
Commission adopted Resolution No. 2174 approving tentative tract
map and planned unit development CT 82-22/PUD-48; and
WHEREAS, the City Council of the City of Carlsbad, on
January 17, 1984 held a public hearing to consider the
recommendations and heard all persons interested in or opposed to
tentative tract map CT 82-22 and planned unit development PUD-48;
and
WHEREAS, said tentative tract map and planned unit
development project has been declared to have a nonsignificant
impact on the environment and a Negative Declaration was prepared
and filed on September 14, 1983 in compliance with the
requirements of the City of Carlsbad Environmental Protection
Ordinance of 1980 and the California Environmental Quality Act
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 2174 constitute the findings of the City Council
in this matter.
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C. That tentative tract map CT 82-22 and planned unit
development PUD-48, together with the provisions for their design
and improvement and subject to the conditions of this resolution,
are consistent with all applicable general and specific plans of
the City of Carlsbad.
D. That subdivision CT 82-22 and planned unit
development PUD-48 are hereby approved subject to all applicable
requirements of the Carlsbad Municipal Code and to the
satisfaction of the conditions contained in Planning Commission
Resolution No. 2174, dated November 23, 1983 marked Exhibit A,
attached hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 7th day of February f 1934, by the following
vote, to wit:
AYES: Council Members Casler, Kulchin and Chick
NOES: Council Members Prescott and Lewis
ABSENT:
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Cl^rk
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PLANNING COMMISSION RESOLUTION NO. 2174
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A THIRTY UNIT TENTATIVE
TRACT MAP AND PLANNED UNIT DEVELOPMENT ON PROPERTY
GENERALLY LOCATED ON THE SOUTHWEST CORNER OF EL CAMINO
REAL AND CHESTNUT AVENEUE.
APPLICANT: HUMPHREY'S
CASE NO.; CT 82-22/PUD-48
WHEREAS, a verified application for certain property to
wit:
A subdivision of Lots 24, 25, 26, 27, 28 and 29 of Chestnut
Heights per Map No. 5328, County of San Diego,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 14th and 28th
day of September, 1983 and the 23rd day of November, 1983 hold a
duly notice public hearing as prescribed by law to consider said
request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and. arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission hereby APPROVES CT 82-22/PUD-48, based on the
following findings and subject to the following conditions:
Findings:
1) The project is consistent with the City's general plan since
the proposed density of 7.3 du's/acre is within the density
range of 4-10 du's/acre specified for the site as indicated on
the land use element of the general plan.
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2)
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The site is physically suitable for the type and density of th<
development since the site is adequate in size and shape to
accommodate residential development at the density proposed.
The project is consistent with all City public facility pol-
icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriat<
condition to this project, insured that the final map will
not be approved unless the City Council finds that sewer
service is available to serve the project. In addition,
the Planning Commission has added a condition that a note
shall be placed on the final map that building permits may
not be issued for the project unless the City Engineer
determines that sewer service is available, and building
cannot occur within the project unless sewer service
remains available, and the Planning Commission is satisfie*
that the requirements of the public facilities element of
the general plan have been met insofar as they apply to
sewer service for this project.
b) The Carlsbad School District has written a letter, dated
September 8, 1983, stating that school facilities will be
available to this project.
c) Park-in-lieu fees are required as a condition of approval.
d) All necessary public improvements have been provided or
will be required as conditions of approval.
e) The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities fee
Performance of that contract and payment of the fee will
enable this body to find that public facilities will be
available concurrent with need as required by the general
plan.
f) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
The proposed project is consistent with the City's Planned
Development Ordinance and also complies with the Design
Guidelines Manual.
The proposed project is compatible with the surrounding future
land 'uses since surrounding properties are designated for
residential development on the general plan.
This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on August 31, 1983 and approved by the
Planning Commission on September 14, 1983.
PC RE SO NO. 2174 2.
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Conditions
1) Approval is granted for CT 82-22/PUD-48, as shown on Exhibits
"A" - "C", dated August 31, 1983, incorporated by reference anc
on file in the Land Use Planning Office. Development shall
occur substantially as shown unless otherwise noted in these
conditions.
2) This project is approved upon the express condition that the
final map shall not be approved unless the City Council finds
as of the time of such approval that sewer service is available
to serve the subdivision.
7 3) This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that sewei
facilities are available at the time of application for such
sewer permits and will continue to be available until time of
occupancy. This note shall be placed on the final map.
4) This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by Cit]
12 Council Policy No. 17, dated April 2, 1982, on file with the
City Clerk and incorporated herein by reference, and according
13 to the agreement executed by the applicant for payment of said
fee, a copy of that agreement, dated September 9, 1982, is on
14 file with the City Clerk and incorporated herein by reference.
If said fee is not paid as promised, this application will not
15 be consistent with the General Plan and approval for this
project shall be void
16 5) The applicant shall pay park-in-lieu fees to the City, prior t
17 the approval of the final map as required by Chapter 20.44 of
the Carlsbad Municipal Code
18 6) Approval of this request shall not excuse compliance with all
19 sections of the Zoning Ordinance and all other applicable City
ordinances in effect at time of building permit issuance.
20 7) Water shall be provided by the City of Carlsbad unless some
21 other arrangement is approved by the City Council
22 Land Use Planning Office
23 8) The applicant shall prepare a reproducible mylar of the final
site plan incorporating the conditions contained herein. Said
24 site plan shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits
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9) The applicant shall establish a homeowner's association and
26 corresponding covenants, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Land Use
27 Planning Manager prior to final map approval
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10) The applicant shall prepare a detailed landscape and irrigation
plan which shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
11) All parking lot trees shall be a minimum of 15 gallons in
size.
12) A master plan of the existing on site trees shall be provided
to the Land Use Planning Manager as part of the final grading
plan to determine which trees shall be required prior to the
issuance of a grading permit or a building permit, whichever
occurs first.
13) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
14) Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require
review and approval of the Land Use Planning Manager prior to
installation of such signs.
15) Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards. Location
of said receptacles shall be approved by the Land Use Planning
Manager.
16) All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the sound
buffered from adjacent properties and streets, pursuant to
Building Department Policy No. 80-6, to the satisfaction of the
Land Use Planning Manager and Building and Planning Director.
17) The project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit Dis-
trict. Said facilities shall at a minimum include a bench,
free from advertising, and a pole for the bus stop sign. The
bench and pole shall be designed in a manner so as to not
detract from the basic architectural theme of the project and
said design shall be subject to the approval of the Land Use
Planning Manager and North County Transit District.
18) Approval of Tentative Tract No. 82-22 is granted subject to
approval of Zone Change 268.
19) The applicant shall construct a 6' high wood fence along the
southern property line and along the western property line
extending from Chestnut Avenue to the end of the adjacent lot
16 prior to final occupancy of any units.
Engineering Department
20) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
PC RESO NO. 2174 -4-7
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The grading for this project is defined as "controlled grading
by Section 11.06.170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site
inspection and testing to insure compliance of the work with
the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties.
Prior to the issuance of a grading permit, the haul route shal
be submitted for review and approved by the City Engineer. A
separate grading plan shall be submitted and approved and a
separate grading permit issued for the borrow or disposal site
if located within the city limits.
All slopes within this project shall be no steeper than 2:1.
Additional drainage easements and drainage structures shall be
provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City Engi-
neer.
The developer shall pay the current local drainage area fee
prior to approval of the final map or shall construct drain-ag
systems in conformance with the Master Drainage Plan and City
of Carlsbad Standards as required by the City Engi-neer.
The owner of the subject property shall execute a hold harmles
agreement regarding drainage across the adjacent property prio
to approval of the final map.
Land for all public streets and easements shown on the ten-
tative map shall be dedicated on the final map and shall be
granted to city free and clear of all liens and encum-brances.
All land and/or easements required by this project shall be
granted to the City, without cost to the City, free and clear
of all liens and encumbrances.
Direct access rights for all lots abutting El Camino Real shal
be waived on the final map.
PC RESO NO. 2174
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31) All private driveways and public streets shall be improved by
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of Carlsbad Standards prior to occupancy of any buildings.
8 33) El Camino Real shall be improved by the developer along the
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City Engineer.
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34) The developer shall install street lights along all public and
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the developer based on the typical sections shown on the
tentative map and in conformance with City of Carlsbad
Standards prior to occupance of any buildings. This includes
the entire length of the private driveway offsite to its
access with El Camino Real. The design of the off-site
portion of the private driveway shall be approved by the City
Engineer prior to final map approval.
32) Chestnut Avenue shall be improved by the developer along the
subdivision frontage based on a centerline to curb face width
as determined by the City Engineer and in conformance with City
subdivision frontage and extended south to the point of access
subject to the City Engineer's approval based on a centerline
to curb face width of 53 feet, including a median island, and
in conformance with City of Carlsbad Standards prior to
occupancy of any buildings. The installation of said median
may be postponed to coincide with the installation of the
median island south of the subject site if approved by the
private street frontages in conformance with City of Carlsbad
Standards.
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35) The developer shall install street trees at the equivalent of
40-foot intervals along all public street frontages in
conformance with City of Carlsbad Standards. The trees shall
be of a variety selected from the approved Street Tree List.
36) The developer shall install sidewalks along all public street
frontages in conformance with City of Carlsbad Standards prior
to occupancy of any buildings.
37) The developer shall install a wheelchair ramp at the public
street corner abutting the subdivision in conformance with City
of Carlsbad Standards prior to occupancy of any buildings.
38) The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
39) The developer shall install a sewer main from the site to the
nearest allowable public sewer main. This shall be done
subject to the approval of the City Engineer.
40) The developer shall modify the traffic signal and traffic
island at Chestnut and El Camino Real to provide for adequate
channelization subject to the approval of the City Engineer.
C RESO NO. 2174 -6-'
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41) The design of all private streets and drainage systems shall be
approved by the City Engineer prior to approval of the final
map. The structural section of all private streets shall
conform to City of Carlsbad Standards based on R-value tests.
All private streets and drainage systems shall be inspected by
the city, and the standard improvement plan check and
inspection fees shall be paid prior to approval of the final
map.
42) All private streets and drainage systems shall be maintained by
the homeowner's association in perpetuity. This responsibility
shall be clearly stated in the CC&R's.
43) All concrete terrace drains shall be maintained by the
homeowner's association (if on commonly owned property) or the
individual property owner (if on an individually owned lot).
An appropriately worded statement clearly identifying the
responsibility shall be placed in the CC&R's.
44) All private driveways shall be kept clear of parked vehicles at
all times, and shall have posted "No Parking/Fire Lane Tow Away
Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
45) Approval of this tentative tract map shall expire twenty-four
months from the date of City Council approval unless a final
map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the
City Council may impose new conditions and may revise existing
conditions.
46) The applicant shall install an acceleration lane for southbound
traffic on El Camino Real from the project's access prior to
occupancy of any units and subject to the approval of the City
Engineer.
7) The applicant shall grant an access easement to the properties
south of the subject site to allow vehicular access along the
private street to Chestnut Avenue.
ire Department
48) Additional public and/or on site fire hydrants shall be re-
quired if deemed necessary by the Fire Marshall.
9) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and on
site roads and drives subject to the approval of the Fire
Marshall.
0) All. required fire hydrants, water mains and appurtenances shall
be operational prior to combustible building materials being
located on the project site.
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51) All private driveways shall be kept clear of parked vehicles at
all times, and shall have posted "No Parking/Fire Lane Tow Away
Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
This includes the entire length of the private driveway
offsite to its access with El Camino Real.
52) All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval
prior to construction
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
bhe 23rd day of November, 1983, by the following vote, to wit:
AYES: Commissioners Marcus, Farrow and Rombotis.
NOES: Chairman Schlehuber and Commissioner Rawlins.
ABSENT: Commissioner Lyttleton.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
\TTEST:
4ICHAEL J. ROLZMttLER
LAND USE PLANNING MANAGER
PC RESO NO. 2174 8.
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ORDINANCE NO. 9705
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP
FROM R-1-10,000 TO RDM-(Q) ON APPROXIMATELY 4.1
ACRES ON PROPERTY GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF CHESTNUT AVENUE AND EL
CAMINO REAL.
APPLICANT: HUMPHREYS
CASE NO.; ZC-268
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Code is
amended by the amendment of the zoning map to grant a zone change
(ZC-268) from R-1-10,000 to RDM-(Q) on approximately 4.1 acres of
property as shown on the map marked Exhibit X and dated 8-31-83,
attached hereto and made a part hereof.
SECTION 2: This project is approved upon the express
condition that the applicant shall pay a public facilities fee_as
required by City Council Policy No. 17, dated August 29, 1979 and
amended on April 2, 1982, on file with the City Clerk and
incorporated herein by reference, and according to the agreement
executed by the applicant for payment of said fee a copy of that
agreement dated September 9, 1983, is on file with the City Clerk
and incorporated herein by reference. If said fee is not paid as
promised, this application will not be consistent with the
General Plan and approval for this project shall be void. Said
fees shall be paid based on the April 2, 1982 version of Policy
No. 17.
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EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and 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 17th day of January ,
1984, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 7th day of February , 1984, by the
following vote, to wit:
AYES : Council Members Casler, Kulchin and Chick
NOES : Council Members Prescott and Lewis
ABSENT: None
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MARY HV^ASLER, Mayor
ATTEST:
#j2a*^ y <f?n^ZII&^
ALETHA L. RAUTENKRANZ , City Cl^rk
(SEAL)
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LOCATION M>?P
EXHIBIT X
8-31-83
HOSP WAY
ROM
CHESTNUT AVENUE
SITE
R-1-10 TO RDM(Q)
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R-1-8
P-C
HUMPHREY'S CT 82-22/ZC-268%j