HomeMy WebLinkAbout1981-10-06; City Council; Resolution 66861
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RESOLUTION NO. 6686
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
A SIX LOT TENTATIVE SUBDIVISION MAP (CT 81-23)
ON APPROXIMATELY 2.5 ACRES GENERALLY LOCATED ON THE EAST SIDE OF PARK DRIVE BETWEEN CALAVO DRIVE AND HILLSIDE DRIVE IN THE R-1-10,000 ZONE. APPLICANT: A & W VENTURES, INC.
WHEREAS, on August 26, 1981 the Carlsbad Planning
Commission adopted Resolution No, 1852 recommending to the City
Council that Tentative Subdivision Map (CT 81-23) be
conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
September 15, 1981, held a public hearing to consider the
recommendations and hear all persons interested in or opposed to
Tentative Subdivision Map (CT 81-23); and
WHEREAS, said Tentative Subdivision Map and Condominium
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 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, 1852 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 this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 81-23) is
hereby approved subject to all applicable requirements of the
Carlsbad Municipal Code and to the satisfaction of the conditions
contained in Planning Commission R.esolution No. 1852, dated
August 26, 1981, 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, on the
, 1981 by the following vote, to - 6th day of October
wit:
AYES:
NOES: None
Council Members Packard, Casler, Anear, Lewis and Kulchin
ABSENT: None L&-/ $. &.
RONALD C/ PACKARD, Mayor
ATTEST : MARY H. CASUR, Vice ~iyoi
ALETHA L. RAUTENKRANZ, City Clerk1
(SEAL)
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0 0 EXHIBIT A TO CITY COUNCI'E: RESOLUTION NO. 6686'
.PLANNING COMNISSION RESOLUTION NO. 1852
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
SIX LOT TENTATIVE TRACT MAP ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF PARI. DRIVE BETWEEN CALAVO
DRIVE. AND HILLSIDE DRIVE IN THE R-1-10,000 ZONE.
APPLICANT: A & W VENTURES, INC.
CASE NO: CT 81-23
WHEREAS, a verified application for certain property, to wit:
Parcels 2 and 3 shown at page 6328 of Parcel Maps, filed
September 6, 1977 and a portion of Lot of Rancho Agua
Hedionda according to Hap No. 823 filed November 16, 1896.
has been filed kith the city of Carlsbad, and referred to the Plan
ning 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 26th day of
August, 1981, hold a duly noticed public hearing as prescribed by
lats'to consider said' request; and
WHEREASr. at said public hearin-g, upon hearing and considering
all testimony and arguments, if any, of all peksons desiring to be
heard, said Commission considered all factors relating to the Tent
all testimony and arguments, if any, of all peksons desiring to be
heard, said Commission considered all factors relating to the Tent
ative Tract .Map.
NOW, THEREFORE, BE'IT HEREBY RESOLVED by the Planning Commis-
sion as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recoinmends APPROVAL of CT 81-23, based on the
following findings and sublect: to the following conditions: 7
Findings:
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I) The proposed map is consistent- with the RLM (0-4 du's/ac) de-
signation of the city's General Plan since the proposed den-
sity of 2.4 du's/acre is within the range specified and the
density is compatible with gurrounding residential densities.
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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 density proposed and still meet all of the requirements of the Carlsbad Subdi- vision Ordinance.
The project is consistent with all city public facility poli- cies and ordinances since:
The Planning Commission has, by inclusion of an appropri- ate 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 addi- tion, the Planning Commission has added a condition that a note shall be placed on the final map that building per- mits 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 ser- vice remains available, the Planning Commission is satis- fied that the requirements of the public facilities ele-
ment of the General Plan have been met insofar as they
apply to sewer service for this project.
School facilities will be available to this project as indicated by the Carlsbad Unified School District per letter dated August 12, 1981.
Park-in-1ieu.fees are required as a condition of approval.
All hecessary public improyements have been provided or will. be required as conditions of approval.
The applicant ha5 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
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The proposed subdivision is compatible with surrounding and
future land uses since it is being developed- as residential property and the surrounding properties have been or will be
developed for residential purposes.
environmental impacts and a Conditional Negative Declaration
has been issued by the'Planning Director on August 13, 1981, and approved by the Planning Commission on August 26, 1981.
' This project as conditioned will not cause any significant
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Conditions of' Approval
General Cond it ions :
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6)
Approval is granted for CT 81-23, as shown on Exhibit "A",
dated July 29, 1981, incorporated by reference and on file in
the Planni-ng Department. Development shall occur substanti- ally 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 avail- able 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 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.
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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 pay- ment of said fee a copy of that agreement dated June 8, ,1981, is on file with 'the City Clerk and incorporated herein by re- ference. If said fee is not paid as promised, this applica- tion will not be consistent with the General Plan and approva for this project shall be void'.
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.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable cit ordinances in ef€ect at the of building permit issuance. .
Planning Department:
7) The applicant shall submit a street name list consistent with the city's street name policy subject to the Planning Direc-
tor's approval prior to final map approval.
spaces per lot. 8) Lots 3-6 inclusive shall provide at least 3 on-site parking
Engineering Department: ..
9) A gravel bag harrier or other erosion control measures ap-
proved by the City Engineer shall be erected around the
boundaries of the grading .if any grading is done between
November 16th and April 14th.
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Prior to final map approval, the 12' wide SDG&E easement
crossing lot 4 shall be abandoned.
Prior to final map approval the applicant shall enter into an agreement with the owner of property directly to the east of
the proposed subdivision (Assessor's Parcel No. 207-360-12) tc dedicate the panhandle portion of said property to the city
for the construction of Whitey Drive.
Approval of this *tentative tract map shall expire eighteen months from the date of City Council approval unless a Einal
map is recorded. An extension may be requested by the appli- cant. Said extension shall he approved or denied at the dis-
cretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existin: conditions.
The developer shall..obtain a grading permit prior to the com- mencement of any clearing or grading of the site.
The grading for this project is defined as "controlled grad-
ing" 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 Cit] 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.
Additional drainage easements and drainage structures shall hc
provided or installed as may be required by the County Depart- ment of Sanitation and Flood Control or the City Engineer.
The developer shall pay the current local drainage area fee prior to approval of the final map or shall construct drainagc systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
Land for all public streets and easements shown on the tenta- tive map shall be dedicated on the final map and shall he
granted to city free and clear of all liens and encumher- ances .
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Direct access rights for all lots abutting Park Drive shall. bl waived on the final map.
All public streets shal-1 be improved by the developer based o the typical sections shown 011 the tentative map and in confor
mance with City of Carlsbad Standards prior to occupancy of any buildings .
-4- 7 PC RES0 1852
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The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies regarding services to the project.
Prior to the issuance of a grading permit, the haul route
shall be submitted for review and shall be 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.
Fire Department:
23) Two fire hydrants shall be installed by the applicant, one
located between lots 1 and 2 and one located at the corner of
Park Drive and Whitey Drive.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on
the 26th day of August, 1981, by the’follpwing vote, to wit:
AYES: Marcus, Rombotis, Farrow, Jose, Friestedt and L’Heureux
NOES: None
ABSENT: Schlehuber
-.. ABSTAIN: None
ATTEST :
RLSBAD PLAN~I~/’COMMI SSI ON Y
CARL I3 D PLANNING COMMISSION iY
-5- . PC RES0 1852