HomeMy WebLinkAbout1980-09-02; City Council; Resolution 6292b
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RESOLUTION NO. 6292
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS A 20-LOT TENTATIVE
UNIT DEVELOPMENT PERMIT (PUD-16) FOR 19 SINGLE FAMILY HOMES ON APPROXIMATELY
4.85 ACRF,S GENERALLY LOCATED ON THE NORTHWEST CORNER OF PARK DRIVE AND
HILLSIDE DRIVE. APPLICANT: MARTIN FREY.
SUBDIVISION MAP (CT 80-14) AND A PLANNED
WHEREAS, on July 23, 1980, the Carlsbad Planning Commission
adopted Resolution No. 1656 and Resolution No. 1657 recommending
to the City Council approval of a 20-Lot Tentative Subdivision
Map (CT 80-14) and a 19 single family home Planned Unit
Development Permit (PUD-16) for Martin Frey on property generally
located on the Northwest Corner of Park Drive and Hillside Drive,
more particularly described as:
Lots 15 and 20 and that portion of Lot 19 lying North- easterly of the Southeasterly prolongation of the Southwesterly line of said Lot 15, all in Block "G" of Bella Vista, according to Map thereof No. 2152 filed March 7, 1929,
and
WHEREAS, the City Council of the City of Carlsbad, on
August 19, 1980 held a public hearing to consider the recommenda-
tions and hear all persons interested in or opposed to Tentative
Subdivision Map (CT 80-14) and Planned Unit Development Permit
(PUD-16) ; and
WHEREAS, said Tentative Subdivision Map and Planned Unit
Development Permit have been declared to have a nonsignificant
impact on the environment and a Negative Declaration has been
prepared and filed in compliance with the requirements of the
City of Carlsbad Environmental Protection Ordinance of 1972;
NOW, THEREFOPS, BE IT RESOLVED by the City Council of the
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City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolutions No. 1656 and No. 1657 constitute the findings 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 Resolution No. 1656, is consistent with all
applicable general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 80-14) and Planned
Unit Development Permit (PUD-16) are hereby approved subject to
all applicable requirements of the Carlsbad Municipal Code and to
the satisfaction of the conditions contained in Planning Commission
Resolutions No. 1656 and No. 1657, dated July 23, 1980, marked
Exhibits A and B, attached hereto and made a part hereof, and
subject to the following additional Condition No. 25A which has
been added to Planning Commission Resolution No. 1656:
"25A The City Council may approval changes in the right-
of-way dedication and street improvement requirements
for Hillside Drive--the decision to be made prior to
approval of the final map."
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the 2nd
day of-, 1980 by the following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
ATTEST :
. d 6?&& ALETHA L. RAUTENKRANZ, City Cler
(SEAL) -2- 3
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PLANNING .- COY241SSION RESOLUTION NO. 1656
s- A RESOLUTION OF THE PLANNING CCMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A 20 LOT TEN"CAT'1VE TRACT MAP ON
PROPERTY GENERALLY LOCATED ON THE NORTHWEST
CORNER OF PARK DRIVE AND HILLSIDE DRIVE.
APPLICANT: MARTIN FREY
CASE NO: CT 80-14
WHEREAS, a verified application for certain property to, wit:
Lots 15 and 20 and that portion of Lot 19 lying North-
easterly of the Southeasterly prolongation of the
Southwesterly line of said Lot 15, all in Block "G" of Bella- Vista, according to Map thereof No. 2152 filed March 7,, 1929
has been filed with the City of Car-lsdad, 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 25th day of June
1980, hold a duly noticed public hearing and a continued public
hearing on July 23, 1980, as prescribed by law to consider said
request; and
WHEREAS, at said publj-c hearing, upon hearing and. considering
all testimony and arguments, if anyp of all persons desiring to be
heard, said Commission considered all factors relating to the
Tentative Tract Map. .. d
NOW, THEREFORE, BE IT HEREBY .. - RESOLVED by the glanning
/ 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 recommends APPROVAL of CT 80-14, based on the fo~lowing findings and subject to the SolZowing conditions:
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Findincs :
rr The proposed project is consistent with the city's General
Plan since it is with@ the density range specified
for the site as indicated on the Land Use Element of the General Plan -1
The site is physically suitable for the type and density of
the development since the site is adequate in size and shape
to accommodate residential development at the proposed density
and still meet all the requirements of the city's subdivision ordinance.
The project is consistent with all city public facility
policies and ordinances since:
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The applicant has received 19 edu's from the second
phase sewer allocation in the City of Carlsbad Sewer
District e
The Planning Commission has, by inclusion of an appropriate cor;dition 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 avzilahle. Since the final map cannot be approved unless
sewer service is available, and building cannot occur within the project unless sewer service remains available, the Planning Commission is
satisfied that the requiqements of the public facilities element of the general plan have been met insofar as they apply to sewer service for
this project
School facilities wiil be provided by the Carlsbad Unified School District.
d 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,
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The proposed project is compatible with surrounding and
future land uses since it is being developed as R-1
property and the surrounding uses are or will be low-
medium density residevtial.
The design of the project will not cause any significant
environmental impacts since based on an initial study of the project (including a field investigation of the site and archaeological survey) the Planning Director has deter-mined that the project will not result in any
adverse enviranmental’impacts and therefore has issued a declaration of negative environmental impact on May 15, 1980, Log No. 702.
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Zonditions:
Zeneral
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Approval is granted for CT 80-14, as shown on Exhibit(s)
“Xlr, dated July 18, 1980, incorporated by reference and on
file in the Planning Department.
substantially as shown unless otherwise noted in these
conditions,
This project is approved upon the express condition that building permits shall not be issued for developments of
the subject property unless the City En?ineer determines that sewer facilities are available at the time of applicatim for sdch sewer permits and will continue to be available until time of occupancy,
final map shall not be approved unless the City Counci’l finds
as of the time of such approval that sewer service is available to serve the subdivision.
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, 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-March 3, 1980, is on file with the City Clerk and is 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 install street trees to city spec- ifications at 40 foot intervals along all public street
frontages prior to final occupancy of any building. The variety of said trees shall be subject to the approval
of the Parks and Recreation Department.
Development shall occur
.This project is approved upon the express condition that the
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6) The applicant shall pay park-in-lieu fees to the city,
prior to the approval of the final map as per Chapter
..20.44 of the city's subdivision regulations.
7) The applicant shall submit a street name list consistent
with the city's street naming policy subject to the Planning Director's approval prior to final map approval.
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3) The applicant shall prepare a detailed landscape and
irrigation plan which shall be submitted to and approved by the Planning Department prior to final map approval.
Tire Department
3) An all weather access road shall be maintained throughout
construction as required by the Fire Marshall.
Water for -fire protection shall be available before any
combustible materials are placed on the building site as required by the Fire Marshall,
LO)
Lk] All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "No Parking/Fire Lane/ Tow Away Zone" as per condition in Municipal Code,
subject to the approval of the Building and Fire Departnents,
L2) Fire retardant roofs shall be installed on all structures
Cnginzeering
13)
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No grading shall be done during the rainy season, from ,October 1 to April 15, unless erosion control measures
approved by the City Engi'neer are implemented.
A11 slopes shall be hydroseedea immediately upon completion of grading per the requirements of the City Engineer.
14)
L5) The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading permit prior to
issuance of building oermits..
Grading shall occur in accordance with an approved gradhg
and erosion control plan, city standards, and an approved
soils and geologic investigation report which shall include slope stability calculations and construction specifications,
Drainage improvements shall be constructed in abcordance with
overall plan for grading to the satisfaction of the City E ng i 11 e e r .
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-7) ,.an approved plan, and the work shall be coordinated with the
-8) Prior to the issuance of building permits, all drainage
improvements indicated on the tentative map shall be installed
subject to the approval of the City Engineer,
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f 'C RES0 M1656
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Prior to the issuance of building permits, the Bristol Cove
storm drain shall be completed and the drainage improvements
. for the subject property shall connect to the Bristol Cove storm drain subject to the approval of the City Engineer.
All roof drainage from the houses, shall be directed out onto
the private street.
No grading shall occur and no drainage structures shall be placed outside the limits of the subdivision unless a letter
of permission from the owner of the property is obtained.
The structural section of the private street shall conform to city standards based on R-value tests.
The concrete terrace drain shall be Maintained by the
homeowner!s association or individual property owners in
prpetuity. shall be placed in the CC&R'S. A statement clearly identifying this responsibilit
Park Drive and Hillside Drive shall be dedicated for street
purposes at the time of final map approval. be based on a half street width of 34 feet; Hillside Drive
shall be based on a half street width of 34 feet and a
centerline radius at the curve of 300 feet. shall be dedicated to the city free and clear of all liens
and encumbrances.
Park Drive shall
Said easements
The developer shall improve all public streets to city
standards and subject to the approval of the City Engineer prior to final occupancy of any units, The improvements shall be based on a centerline to curb width of 24 feet for Park
Drive and a centerline to curb width of 26 feet for Hillside Drive. The improvements shall include sidewalks, street
lights to city standards and the posting of "NO Parking"
signs on Hillside Drive, .
All access rights to Park Drive and Hillside Drive from the subdivision shall be relinquished and waived on the final mar,
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except for a 30 Drive e
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f /- C RES0 #1656
foot opening for the private street on Park
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California,,held on P
the 23rd day of July, 1980, by the fol.lowing vote, to wit:
AYES: Schick, Larson, Friested-t, Rombotis, Marcus, keds
NOES: "-e
and Jose
b hh ABSENT:
ABSTAIN : None CJa,,. \
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3TTEST : :I
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. -. . C RES0 #1656 I
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a S'
.; &IT B TO CITY COUNCI: OLUTION NO. 6292
PJAANEING COMMISSION RESOLUTION NO. 1657
A RESOLUT7:C.N OF THE PLANNING COPIMISSION OF P THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A'PLANNED UNIT DEVGLOPPlENT FOR 19 SINGLE FAMILY HOMES LOCATED ON THE NORTHWEST
CORNER OF PARK DRIVE AND HILLSIDE DRIVE ON
PROPERTY GENERALLY LOCATED ON THE NORTHWEST
CORNER OF PARK DRIVE AND HILLSIDE DRIVE. APPLICANT: MARTIN FREY
CASE NO: PUD-16
WHEREAS, a verified application for certain property, to wit:
Lots 15 and 20 and that portion of Lot 19 lying North- easterly of the Southeasterly prolongation of the Southwesterly line of said Lot 15, all in Block "G" of
Bella Vista, according to Map thereof No. 2152 filed March 7, 1929
been filed with the City of Carlsbad, and referred to the
lanning Commission; and
WHEREAS I said verified application constitutes a request as
rovided by Title 21 of the Carlsbad. Munici;?al Code; and
WHEREAS, the Planning Conmission did, on the 25-& day of
une, 1980, hold a duly noticed public hearing and a continued
ublic hearing on July 23, 1980, as prescribed by law to consider
aid request; and I
WHEREAS, at said public hearing, upon hearing and considering
11 testimony and arguments, if any of all persons desiring to be
eard, said Commission considered all factors relating to the
lanned Unit Development; and .d
_. *
NOW# THEREFORE, BE IT HEREBY RESOLVED by the Planning ..
smnission as follows: ..
) That the above recitations are true and correct. *- .
) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of PUD-16, based on the following findings and subject to the following conditiomc -
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Findin=
The proposed project will not be detrimental to the persons P
residing in the vicinity or injurious to property or improve-
ments in the area because:
a. The property will be developed as a single family
subdivision and will be compatible with surrounding
uses.
All design,criteria and development standards set forth in the
PUD ordinance have been met.
The proposed project will contribute to the general well being
of the neighborhood and community.
The proposed project is consistent with the general plan
since it is within the density range specified for the site as indicated on the land use plan,
The project is consistent with all city public facilities, policies and ordinances because:
a. The applicant has received 19 eduls from the second phase sewer allocation of the City Sanitation District.
The Planning Cormkssion has, by inclusion of an appropriate condition to this pzoject, insured that the final- map will .not be approved unless the
City Council finds thdk 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 condominium project
unless the City Engineer determines that sewer service is available,
be approved unless sewer service is available, and
building cannot occur within the project unless sewer service remains available, the Planning Conmission is satisfied that the requirements of
the public facilities element of the General Plan have been met insofar as they apply to sewer ' . d
service for this project,
c. 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
concurrent with need as required by the General
Plan.
b,
Since the final map cannot
.* find that public facilities will be available
d. A11 necessary public improvements have been provided or will be required as conditions oE approval.
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-: e. School facilities will be available in the Carlsbad
Unified School Distrgct.
# 6) The design of the project will not cause any significant
environmental impacts since based on an initial study of
the project (including a field investigation of the site and an archaeological survey) the Planning Director has determined
that the project will not result in any adverse environmental impacts and therefore has issued a declaration of negative
t environmental impact on May 15, 1980, Log No. 702.
2ond i ti on s -
Approval is granted for PUD-16, as shown on Exhibit(s) "Y",
dated June 9, 1980, incorporated by reference and on file in the Planning Department.
as shown unless-otherwise noted in these conditions. Development shall occur substantiall
This project is approved upon the express condition that building permits shall not be issued for developments .'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 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 project.
This p-roject 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, on file with the City Clerk and incorporated herein by
reference, and according to the agreement executed by the applicant for payment OE said fee a copy of that
agreement dated March 3, 1980, is on file with the City Clerk and is 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 appiicant shall prepare a 'reproducible mylar of the
final Planned Unit Development site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Department prior to
the issuance of building permits.
The applicant shall prepare a detailed landscape and
irrigation plan which shall be submitted to and approved
by the Planning Department prior to final map approval. Said plan shall include planting of slopes with drought tolerant native vegetation.
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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 Planning Department prior to fj-nal map approval.
In order to provide for fire protection during the construction period, the applicant shall maintain passable vehicular access to all buildings. In addition, adequate
fire hydrants with required fire flows shall be installed on and off site as required by the Fire Department.
Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance
and shall require review and approval by the Planning
Department prior to installation of such signs.
A31 landscaped areas shall be maintained in a healthy
and thriving condition, free from weeds, trash, and debris.
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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.
The homeowner's association will be responsible for main- taining the private street, recreation areas, recreational vehicle storage area and open space easement. This
requirement shall be stated in the CC&R'S.
Fences or walls within the required side or rear sztbacks shai
not exceed a height of 6'. required front setbacks shall not exceed a height of 3'.
Fences or walls within the
The recreation areas shall be shielded from the surrounding .streets and residences by a combination of -heavy landscaping,
slopes and fences to the satisfaction of the Planning
Department, IC
The recreational vehicle storage area as shown on Exhibit!s)
dated July 18, 1980, shall be, surrounded by a six foot high
fence with a locking gate. Lighting for this ares' shall be
directed so that it does not spill over onto surrounding residences.
storage area shall be established to the satisfaction of the Planning Director and-shall be shown on the landscape and irrigation plan per Condition No. 6.
shall be installed prior to final occupancy of any units and
landscaping effectively serves to screen the storage' area from Park Drive, adjacent residents and the private street.
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A .dense mature landscape screen surrounding the
Said landscaping
,..the Planning Director shall ensure at this time that the
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?C RES0 111657 /-
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PASSED, APPRbVED AND ADOPTED at a regular meeting of the
nning Commission of the City of Carlsbad, California, .held on
the 23rd day of July, 1980, by the following vote, to wit:
AYES: Schick, Larson, Friestedt, Rombotis, Marcus, Leeds
NOES: None .
ABSENT: None
ABSTAIN: None
and Jose
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&"TEST :
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