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HomeMy WebLinkAbout1984-02-07; City Council; Resolution 74951 2 3 4 5 6 7 e 9 11 1: 14 If It 1: 2( 2: 21 21 21 2t 27 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 tc 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 preparec 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. €3. That the findings of the Planning Commission in Resolution No. 2174 constitute the findings of the City Council in this matter. 1 2 3 4 5 6 7 8 9 1c 11 12 1: 14 1: le 1'; 1E 15 2( 21 2: 21 24 2f 2t 2: 2E C. That tentative tract map CT 82-22 and planned unit development PUD-48, together with the provisions for their desigr 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 , 1984, by the following vote, to wit: AYES: NOES: Council Pkmbers Casler, Kulchin and Chick Council "hers Prescott and Lewis ABSENT: None MARY H. yCASLER, Mayor ATTEST: (aQc&LdR& ALETHA L. RAUTENKRANZ, City Cl$rk 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r E 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 APPLICANT: HUMPHREY'S REAL AND CHESTNUT AVENEUE. CASE NO. : CT 82-22/PUD-48 WHEREAS, a verified application for certain property to A subdivision of Lots 24, 25, 26, 27, 28 and 29 of Chestnu 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 3s 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 or the land use element of the general plan. w qp .. 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 20 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: 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. The Carlsbad School District has written a letter, dated September 8, 1983, stating that school facilities will be available to 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 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. 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 Guide1 ines Manual .I 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 Lanc Use Planning Manager on August 31 , 1983 and approved by the Planning Commission on September 14, 1983. //// PC RES0 NO. 2174 2. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions Approval is granted for CT 82-22/PUD-48, as shown on Exhibits "A" - "C", dated August 31, 1983, incorporated by reference an( on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 availablc to serve 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 sewe: 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 Cit 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 September 9, 1982, 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. 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. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. Water shall be provided by the City of Carlsbad unless some other arrangement is approved by the City Council. Land Use Planning Office 8) 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 . 9) 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 Manager prior to final map approval. PC RES0 NO. 2174 3. 1 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. All parking lot trees shall be a minimum of 15 gallons in size. 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. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 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. 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 . 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. 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. Approval of Tentative Tract No. 82-22 is granted subject to approval of Zone Change 268. 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. ingineering Department !O) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. I/// 'C RES0 NO. 2174 -4- ?e 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 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:l. 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 RES0 NO. 2174 5. 1 2 3 4 5 6 7 e 9 IC 11 li 12 14 1: 1€ 17 1E 1: 2( 21 2; 21 21 2f 2t 2: 2E ~ll private driveways and public streets shall be improved by 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. 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 of Carlsbad Standards prior to occupancy of any buildings, El Camino Real shall be improved by the developer along the 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 City Engineer. The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. The developer shall install street trees at the equivalent of 4O-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. The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings, The developer shall install a wheelchair ramp at the public street corner abutting the subdivizion in conformance with Citj of Carlsbad Standards prior to occupancy of any buildings, The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 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. 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. -6- Y 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 20 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 . All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This responsibility shall be clearly stated in the CCbR's. 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. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" purs::mt to Section 17.04.040,. Carlsbad Municipal Code. 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. 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. 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 8) 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. 'C RES0 NO. 2174 -7- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 2c 21 2% 23 24 25 26 27 28 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. 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 lanning Commission of the City of Carlsbad, California, held on he 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. TTEST : CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ICHAEL J. mLZM.$&LER AND USE PLANNING MANAGER 'C RES0 NO. 2174 8.