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HomeMy WebLinkAbout1981-02-03; City Council; Resolution 64151 2 3 4 5 6 7 8 9 1c 11 12 2 15 2c 21 2: 22 24 2: 2t 2: 2€ RESOLUTION NO. c;~ic, A RESOLUTION OF THE CITY COUNCIL OF THE CITY CARLSBAD, CALIFORNIA, APPROVING WITH CONDITI A PRFANNEXATION TENTATIVE SUBDIVISION MAP OF NS (CT 80-44) FOR A ONE-LOT, 22-UNIT RETIREMENT CENTER, TO BE DEVELOPED ON APPROXIMATELY 12.36 ACRES, GENEFUILLY LOCATED ON THE WEST SIDE OF LAUREL TFCEE ROAD, SOUTH OF PALOMAR AIRPORT ROAD. APPLICANT: SUDAN INTERIOR MISSION. WHEREAS, on December 17, 1980 the Carlsbad Planning Commission adopted Resolution No. 1740 recommending to the City Council that Tentative Subdivision Map (CT 80-44) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad did on January 6, 1981 hold a public hearing to consider the recommenda- tions of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-44) ; and WHEREAS, Government Code Section 66454 permits preannexation approval of Tentative Maps: and WHEREAS, the City Council, On November 18, 1980, by adoption of Ordinance No. 9563 granted a preannexational zone change for the subject property; and WHEREAS, said Tentative Subdivision Map has 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 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. 1 2 3 4 5 6 7 E s IC 13 l! 2( 2: 21 2 2 2 2 2 2 B. That the findings of the Planning Commission in Lesolution No. 1740 constitute the findings of the City Council .n this matter. C. That said Tentative Subdivision Map, together with ;he provisions for its design and improvement and subject to :he conditions of this resolution, is consistent with all ipplicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 80-44) is hereby ipproved subject to all applicable requirements of the Carlsbad dunicipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No. 1740, dated December 17, 198C narked Exhibit A, attached hereto and made a part hereof. E. That approval of Tentative Subdivision Map (CT 88-44) is further conditioned upon annexation of the subject property to the City of Carlsbad within six months from the date of adoption of this resolution, unless such time is extended by the City Council. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 3rd day Of Februarv , 1981 by the following vote, to wit: AYES: Council Members Packard, Casler, Lewis and Kulchin NOES: None ABSENT: council Member Anear ATTEST : (SEAL) -2- 2 0' 2 2 U 3. 2 3 4 -5 6 7 a 9 10 11 12 12 14 If It 1: 11 PLANNING COMMISSION RESOLUTION NO. 1740 A RESOLUTION OF THE PLANNING COIIIMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOP.IMENDING APPROVAL FOR A ONE LOT TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF LAUREL TREE ROAD, SOUTH OF PALOMAR AIRPORT ROAD. APPLICANT: SUDAN INTERIOR MISSION - CASE NO: CT 80-44 WHEREAS, a verified application for certain property to, it: All that portion of Description No. 4 of Map 5715 filed December 19, 1960, being a portion of Map 823 filed November 16, 1896 .as been filed with the City of Carlsbad, and referred to the '1.anniilg Commission; and WHEREAS, said verified application constitutes a recuest as xovided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of lecekber, 1980, hold a duly noticed public hearing as prescribed .3 )y law to consider said request; and .. WHEREAS, at said public hearing, upon hearing and considering ~11 testimony and 'arguments, if any, of a11 persons desiring to De heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Zommission as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hea.ring, the Commission recommends APPROVAL of CT 80-44, based on the following findings and subject to the following conditions: Findings : 1) The proposed tentative map is consistent with the city's GeReral Plan since it is loca.ted within an area designated for residential development by the Lsnd Use Elenent of the General Plan. 1APN: 212-040-23 * I. 3 2 a 3 4 5 7 8 9 IO 11 12 13 14 e 15 16 17 18 29 20 21 22 23 24 25 26 28 c 0 P 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: a) The Planning Commission has, by inclusion of an appropriate 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. 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 requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this project, All necessary public improvements have been provided or will be required as conditions of approval. The project is exempt from payment of a public facilities fee per City Council Policy No. 17, dated August 29, 1979. This project will not .cause any significant environmental impacts, and a Negative Declaration has been issued by the Planning Director on November 19, 1980, and approved by the Planning Commission on December 17, 1980. b) c) That the specific use of this site as a low density, church related residential project will minimize the need for public services to the site and the Planning Commission can find that adequate public services will be available to serve this specific project. Conditions: General Conditions 1) Approval is granted for CT 80-44, as shown on Exhibit "A" Development shall occur dated November 6, 1980, incorporated by reference and on file in the Planning Department. 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 o€ the time of such approval that sewer service is available to serve the subdivision. ?C RES0 #1740 -2- . 3. -2 3 4 5 6 7 8 9 10 3.1 12 13 14 15 16 17 1E 35 2c . 21 22 . 2: 24 25 2€ 27 2E Q 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 capacity is available at time of application for such permits and will continue to be'available until time of occupancy. This note shall be placed on the final map. The applicant shall pay park-in-lieu fees to the city, prior to the approval. of the final map as required by Chapter 20.44 of the' Carlsbad Municipal Code. 'lanning Department If the updated Land Use Plan for Palomar Airport indicates that the subject property is in a noise impact area (65 CNEL), the applicant shall grant appropriate easements or execute appropriate agreement documents so that the city, and the airport will not be held responsible for airport- related noise impacts. placed on the final map. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to final map approval- Approval of Tentative Tract No. CT 80-44 is granted subject to approval of Conditional Use Permit 190 and all conditions of CUP-190 shall be complied with. 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. A note so indicating this shall be Fire Department Additional public and on-site fire hydrants shall be provided subject to the approval of the Fire Marshall. 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. An all weather access road shall be maintained throughout construction. Water for fire protection shall be provided before combustible: are on building site. Fire retardant roofs shall be provided on all structures subject to the approval of the Building and Fire Department. Brush clearance shall be maintained within a minimum distance of 30 feet to each residence. ///I PC RES0 #1740 -3- ' 4, 1 2 e 3 4 1c 12 ' 12 14 1: 3E 2( 21 G e 15) 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. a sprinkler system in each building or a supervised alarm system. 16) Due to excessive response time, the applicant shall install 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. of a civil engineer whose responsibility 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. The developer shall dedicate a strip of land 30 feet wide minimum, 15 feet on each side of the centerline of Laurel . Tree Road from Palomar Airport Road to its intersection with the proposed off-site street which will serve the subject project at the time of approval of the final map. The developer shall dedicate a strip of land 30 feet wide, 15 feet on each side of the centerline of the proposed off-site street from Laurel Tree Road to the subject property at the time of approval of the final map. Grading shall be performed under the observation The developer shall dedicate a strip of land 42 feet wide for the proposed off-site street along the subdivision frontage at the time of the final map. 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. The developer shall improve Laurel Tree Road and the proposed off-site street based on a 28 foot wide crown section with asphalt berms prior to final occupancy of any units. structural section shall be to city standards based on R-value tests. All drainage systems and appurtenances required by the installation of the street shall be constructed and easements dedicated. The The developer shall enter into a future agreement to improve the off-site street based on a right-of-way of 42 feet along the subdivision frontage. //// PC RES0 #1740 -4- .. ' " 1 2 03 4 5 E 7 E s 1C 31 1; 1; 11 l! 3.( 1' 11 l! 2( 2: 2; 2: 24 2' 21 2' 24 5) 16) !7) !8) 0 e The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project including off-site sewer and water facilities. Private Street "A" and "B" shall have a minimum width of 24 feet. The design of the private street and private drainage systems shall be subject to the approval of the City Engineer prior to the issuance of a building permit. section shall conform to City of Carlsbad standards based on R-value tests. The applicant shall agree to modify the driveway entrance to the public street if required by the City Engineer when the street is extended or the future improvements are constructed. PASSED, APPROVED AND ADOPTED at a regular meeting of the The structural 'lanning Commission of the City of Carlsbad, California, held on :he 17th day of December, 1980, by the following vote, to wit: AYES: Marcus, Rombotis, Leeds, Larson, L'Heureux, Friestedt NOES: None ABSENT: None ABSTAIN: None and Jose ATTEST : PC RES0 #1740 -5- .. . , *..'