HomeMy WebLinkAbout1982-10-19; City Council; Resolution 70331
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RESOLUTION NO. 7033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS TENTATIVE TRACT MAP (CT 82-6) AND PLANNED UNIT
DEVELOPMENT (PUD-40) ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PARK DRIVE BISECTING THE EXTENSION OF NEBLINA DRIVE. APPLICANT: KAMAR CASE NO. CT 82-6/PUD-40.
WHEREAS, on September 8, 1982, the Carlsbad Planning
Commission adopted Resolution No. 2006 recommending to the City
Council that Tentative Tract Map (CT 82-6) and Planned Unit
Development (PUD-40) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
October 5, 1982 held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Tract Map (CT 82-6) and Planned Unit Development
(PUD-40); and
WHEREAS, said Tentative Tract Map and Planned Unit
Development have been declared to have a nonsignificant impact
on the environment and a Negative Declaration was prepared and
filed on August 6, 1982 in compliance with the requirements of
the City of Carlsbad Environmental Protection Ordinance of 1980;
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. 2006 constitute the findings of the City Council
in this matter.
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C. That said Tentative Tract 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 Tract Map (CT 82-6) and Planned
Unit Development (PUD-40) 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. 2006, dated September 8, 1982 market
Exhibit A, attached hereto and made a part hereof, except as
follows:
1. Conditions 28, 29 and 30 of Planning Commission
Resolution No. 2006 have been deleted and are replaced with the
following:
“The City Council has acquired facilities to produce
reclaimed water and is doing a master plan for the use
of reclaimed water. In order to insure an adequate water supply for the City and this development, it may
be necessary for the applicant to use Type 1 reclaimed
water in the common areas of the subdivision. This project shall comply with the requirements of the reclaimed water master plan as adopted by the City Council. If the plan so provides the applicant shall construct dual systems for reclaimed water in accordance with Title 17 of the Administrative Code and
City standards. If a reclaimed water system is required the covenants, conditions and restrictions for
the subdivision shall provide for a homeowners association with the responsibility for the use of reclaimed water and for the maintenance and operation of the system in accordance with City standards. The City Engineer may require the installation of sleeves at crossing points to provide for the possibility of
reclaimed water service to properties adjacent to this
subdivision. ‘I
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2. Condition 35 has been amended to read as follows:
"All 24 foot wide 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. All 32 foot
wide private driveways shall be posted as stated herein
on one side of the driveway. The City shall have the right but not the obligation to enforce this condition."
PASSED, APPROVED, AND ADOPTED at a regular meeting Of
the City Council of the City of Carlsbad, California, on the19th
day of ~~lxr , 1982 by the following vote, to wit:
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AYES : Council 85irs Casler, Lewis and Chick
NOES: None
ABSENT: Council Members Kulchin and wear
/ MARY H. PSLER, Mayor
ATTEST :
(SEAL)
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considering all testimony and arguments, if any, of ah1 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.
PLANNING COMMISSION RESOLUTION NO. 2006 -
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 115 UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF PARK DRIVE BISECTING THE EXTENSION
OF NEBLINA DRIVE.
APPLICANT: KAMAR
CASE NO: CT 82-6/PUD-40
WREREAS, a verified application for certain property to
A portion of Lot I of Rancho Agua Hedionda according to
Map No, 823 filed on November 16, 1896 Assessor No, 207-
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wit:
100-52
has been filed with the city of Carlsbad, and referred to the
10 Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WEREAS, the Planning Commission did, on the 25th day of
IAugust, 1982, and on the 8th day of September, 1982, hold a duly 14
l5 /noticed public hearing as prescribed by law to consider said
I 16 j/ request; and
l7 /I WHEREAS, at said public hearing, upon hearing and
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B) That based on the evidence presented at the public hearing, the
Commission recommends APPROVAL of CT 82-6/PUD-40, based on the following findings and subject to the following conditions:
Find ing s :
1) The project is consistent with the city's General Plan since the proDosed density of 4 du's/acre is within the density range
of 4-10-du1s/acre specified for the site as indicated on the Land Use Element of the General Plan. 5"
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e
The site is physically suitable for the type and density of t 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:
The Planning Commission has, by inclusion of an appropria
condition to this project, insured that the final map wil
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 not
shall be placed on the final map that building permits ma
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, the Planning Commission is satisfied
that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this project.
The Carlsbad School District has written a letter stating
that school facilities will be available for this project
Park-in-lieu fees are required as a condition of approval
All necessary public improvements have been provided or
will be required as conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fe
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.
Assurances have been given that adequate sewer for the project will be provided by the city of Carlsbad.
The proposed project is compatible with the surrounding futurl land uses since surrounding properties are designated for residential development on the General Plan.
The project is consistent with the prop0se.d Aqua Hedionda
Specific Plan.
This project as conditioned will not cause any significant
environmental impacts and a Negative Declaration has been
issued by the Land Use Planning Manager on August 6, 1982 and
approved by the Planning Commission on August 25, 1982.
///I PC RES0 NO. 2006
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:ond it ions :
;enera1 Conditions
Approval is granted for CT 82-6/PUD-40, as shown on Exhibit
"A", dated July 13, 1982 and Exhibits "B", 'IC", ''D" and I'F", dated June 12, 1982, incorporated by reference and on file in
the Land Use Planning Office. Development shall occur sub-
stantiexly as shown unless otherwise noted in these condi-
t ions.
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 serv.e the subdivision.
This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of
occupancy. This note shall be placed on the final map.
This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by City
Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said
fee a copy of that agreement dated, April 2, 1982, is on file
with the City Clerk and incorporated herein by regerence. 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.
The applicant shall pay park-in-lieu fees to the city, prior tc the approval of the final map as required by Chapter 20.44 of
the Carlsbad Municipal Code.
Water shall be provided by the city of Carlsbad unless some
other arrangement is approved by the City Council.
,and - Use Planning Office
') The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said
site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
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'C RES0 NO. 2006 .3
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The applicant shall establish a homeowner's' association and corresponding covenants, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Land Use
Planning Office prior to final map approval. Said CC&R's shall include a provision prohibiting the storage of recreational vehicles on any individual lots and on any streets within the subdivision. This provision shal.1 be
worded such that any amendment thereto would require approval
by the city of Carl.sbad Land Use Planning Office.
The applicant shall prepare a detailed landscape and irrigatio plan which shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
If trash receptacle areas are used then they shall be enclosed
by a 6 foot high masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Land Use Planning Manager.
Engineering Department
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
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.
Upon completion of grading, the developer shall insure that an
"as-graded" geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contou map which represents both the pre and post site grading. This
plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record.
No Grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of the affected properties.
Additional drainage easements and drainage structures shall be
provided or installed as may be required by the City Engineer.
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The drainage system shall be designed to ensure that runoff
resulting from a 10-year frequency storm of 6 hours or 24
hours duration under developed conditions, is equal to or less
than the runoff from a storm of the same frequency and duration under existing undeveloped conditions, is equal to or less than the runoff from a storm of the same frequency and
duration under existing undeveloped conditions. 30th 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results unless otherwise approved by the City Engineer.
Prior to final map approval, ali bonds for grading and public improvements shall be submitted and accepted by the City
Engineer.
Park Drive shall be dedicated on the final map along the subdivision frontage based on a right-of-way half width of 34
feet to accomodate a 68' ultimate right-of-way.
Neblina Drive shall be dedicated on the final map along the subdivision frontage based on a right-of-way half width of 30 feet.
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 encumberances.
Except for lots 1 and 2 of Phase 3, direct access rights for
all lots abutting Park Drive shall be waived on the final map.
All public streets shall be improved by the developer based on the typical sections shown on the tentative map and in
conformance with City oE Carlsbad Standards prior to occupancy of any buildings.
The design of all private streets and drainage systems shall bc 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 inspectior fees shall be paid prior to approval of the final map.
All private streets and private drainage systems shall be maintained by the homeowner's association in perpetuity. This responsibility shall be clearly stated in the CC&R's.
Except for lots 1 and 2 of Phase 3, no lot in this subdivision
may be further subdivided. This note shall be placed on the
final map.
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!7)
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!9)
10)
Approval of this tentative t.ract map shall expire 24 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 cond i t ions ,
The applicant shall agree to utilize reclaimed water, in Type
I form, on the subject property in all common areas as approved by the City Engineer.
The reclaimed water irrigation system shall be maintained and
operated consistent with the requirements of the city of
Carlsbad, under a contractual agreement with the homeowner's
association that is to give the city total assurance that
they would always have the ability to discharge the effluent,
Irrigation systems to accommodate future reclaimed water shall be designed and installed consistent with Titbe 17 of the
California State Administrative Code and city of Carlsbad
Standards. Offsite future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimize street excavation.
pire Demrtment
Additional public and/or on-site fire hydrants are required.
Submit two (2) copies of a site plan showing locations of
existing and proposed fire hydrants and on-site roads and drives .
An all weather access road shall be -maintained throughout
construction.
All required fire hydrants, water mains and appurtenances shall
be operational prior to combustible building materials being
located on the project site.
All 24' wide 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. All 32' wide private driveways shall be posted as stated herein on one side of the driveway.
Fire retardant roofs are required on all structures.
Brush clearance shall be maintained within a minimum distance of 30 feet to each residence.
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~ll 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,
Building exceeding 10,000 sq.ft. aggregate floor area shall be
sprinklered or have four-hour fire walls with no openings
therein which shall split the building into 10,000 sq.ft. (or less) areas.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on th
3th day
LTTEST :
of September, 1982, by the following vote, to wit:
AYES: Chairman Farrow, Commissioner Marcus, Schelhuber and Rawlins.
NOES : Commissioner Jose.
ABSENT: Commissioner Friestedt.
ABSTAIN: Commissioner Rombotis.
!AND USE PLANNING MANAGER
2 RES0 NO. 2006 07