HomeMy WebLinkAbout1981-12-15; City Council; Resolution 67461
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RESOLUTION NO. 6746
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION Map (CT 81-
13) AND PLANNED UNIT DEVELOPMENT PERMIT (PUD-
25) FOR A 3-UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON PROPERTY GENERALLY LOCATED
IMMEDIATELY EAST OF SKYLINE DRIVE AND NORTH OF
TAMARACK AVENUE (EXTENDED). APPLICANT:
SCHWAB/SUNSET PACIFIC.
WHEREAS, on October 14, 1981, the Carlsbad Planning
Commission adopted Resolutions No. 1873 and No. 1874
recommending to the City Council approval of Tentative
Subdivision Map CT 81-13 and Planned Unit Development Permit PUD-
25 for construction of a 3-unit single family residential
development on property generally located immediately east of
Skyline Drive and North of Tamarack Avenue (extended), more
particularly described as:
That portion of Lot 18 of Carlsbad Highlands, Map 2647 and Lot 1 of Map 833 and Lot 48 of Carlsbad Tract 76-
15, filed November 16, 1896,
and
WHEREAS, the City Council of the City of Carlsbad held a
public hearing on December 1, 1981 to consider the
recommendations and hear all persons interested in or opposed to
Tentative Subdivision Map CT 81-13 and Planned Unit Development
Permit PUD-25; and
WHEREAS, said Tentative Subdivision Map and Planned Unit
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;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission in
Resolutions No. 1873 and No. 1874 constitute the findings of the
City Council in this matter.
3. That said Tentative Subdivision Map, together with
the providions for its design and improvement, and subject to
the conditions of Resolutions No. 1873 and No. 1874, is
consistent with all applicable general and specific plans of the
City of Carlsbad.
4. That Tentative Subdivision Map CT 81-13 and
Planned Unit Development PUD-25 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. 1873 and No. 1874, marked Exhibits A
and B, attached hereto and made a part hereof, and subject to
the following additional condition:
"The retaining wall required pursuant to condition No. 12 shall be a cribwall acceptable to the Planning Director and City Engineer. Landscaping and an irrigation system shall be installed by the applicant on the cribwall subject to the approval of the Parks and Recreation Department. The landscaping and irrigation system shall be maintained by the City of Carlsbad. Detailed plans for the design of the wall and landscaping shall be approved prior to issuance of building permits for any of the lots in this project."
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
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.15th day of Decder , 1981 by the following vote,
to wit:
AYES:
NOES: None
ABSENT: None
Council Wers Packard, Casler, hear, his and Kulchin
-'=RONALD C. PACKARD, Mayor
ATTEST :
ALETHA % L. RAUTENKRANZ, 1 QfiAAA- Clty Cleqk
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 1873
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 3 LOT TENTATIVE TRACT MAP ON PROPERTY GENERALLY
LOCATED IMMEDIATELY EAST OF SKYLINE DRIVE AND NORTH
OF TAMARACK AVENUE (EXTENDED).
APPLICANT: SCHWAB/SUNSET PACIFIC .
WHEREAS, a verified application for certain property
CASE-NO: --.-CT-81-13-------.------.-----.--.-...-.-. -
to, wit: .
That portion of Lot 18 of Carlsbad Highlands, Map 2647 and Lot One of Map 833 and Lot 48 of Carlsbad Tract 76-
15, filed November 16, 1896.
has been filed with the city of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a
request as provided by Title 21 of the Cqlsbad Municipal Code;
and . l*
?!EIEREAS, the Planning Ceiaission did, on the :4LL day
>I
of October, 1981, hold a duly noticed 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 anyl of all persons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, RE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
€3) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 81-13, based on the
following findings and subEcothe following conditions:
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Find i'ng s :
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The project is consistent with the city's General Plan since the proposed density of 1.74 du's/acre is within the density
range of 0-4 du's/acre specified.for the site as indicated on
the Land Use Element of the General Plan.
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 pro-
posed. .
The project is consistent with all city public facility pol-
icies and ordinances since:
a) The Planning Commission has, by inclusion of an appro- priate 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 build- ing 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, 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.
hf School facilities will be provided by the Carlsbad School
--District per letter of agreement dated May 1, 1981.
The payment of park-in-lieu fees is 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 compatible with the surrounding
future land uses since surrounding properties are designated for residential development on the General Plan.
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5 This project wi,, not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 1, 1981 and approved by the
Planning Commission on October 14, 1981.
Conditions :
General
Approval is granted for CT 81-13, as shown on Exhibit "AI1' r dated Stptember 25, 1981, incorporated by reference and on
file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these conditions e
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 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 Eacilities fee as requiid 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 May 7,
1981, 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 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 Zonjng Ordinance and all other applicable
city ordinances in effect at time of building permit issuance.
Approval of this Tentative Tract Map shall expire eighteen 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.
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PC RES0 #1873.,
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Engineering
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
civil enqineer whose responsibility it shall be to
a
coordinate site inspection and 4 testing to insure complianc 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 owner shall relinquish direct access rights to Tamarack
Avenue from lots 1, 2 and 3.
The applicant shall enter into a future public improvement
contract for the improvement of Skyline Drive along the
. frontage of Lot 1.
The Tamarack Avenue right-of-way shall be dedicated on the
final map as it is shown on the tentative map. The
subdivider shall construct the full width improvement of
Tamarack Avenue based on a 52 foot curb to curb width including sidewalks, retaining walls , street trees, landscaping and irrigation as required by the City
Engineer.
Drainage down the driveway serving Lot 1 shall be conducted
to the street via a sidewalk under drain as approved by the City Engineer. ..
All exposed slopes shall be hydroseeded or otherwise
stabilized immediately upon completion of grading activities to the satisfaction of the City Engineer.
High Ridge Avenue shall be dedicated prior to final map approval based on a right-of-way width of 42 feet.
High Ridge Avenue shall be improved based on a right-of-way
width of 42 feet prior to occupancy of any new buildings.
The developer shall pay the current local drainage area fee prior to approval of the final map.
Fire Department
18) The applicant shall install a fire hydrant capable of delivering a miniinum of 1250 G.P.M. at 20 P.S.1 residual
prcssure at the southwest corner of High Ridge Avenue and
East Poiiite Avenue.
con junction with street improveinents or prior to combustibJ-e building materials being located on-site,
whichcver occurs first.
Said hydrant shall be installed in
PC RES0 111873 -4-
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PC RES0 #1873 -5-
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PLANNING COMMISSION RESOLUTION NO. 1874 ..
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSRAD I CALIFORNIA, RECOWMENDING APPROVAL OF A
PLANNED UNIT DEVELOPMENT FOR A 3 UNIT SINGLE FAMILY
RESIDENTIAL PLANNED UNIT DEVELOPMENT ON PROPERTY
GENERALLY LOCATED IMMEDIATELY EAST OF SKYLINE DRIVE
AND NORTH OF TAMARACK AVENUE (EXTENDED).
APPLICANT: SCHWAB/SUNSET PACIFIC , . CASE-NO:.---PUD-25--- __-..-_______.... ..._
.' WHEREAS, a verified application for certain property,
to wit:
That portion of Lot 18 of Carlsbad Highlands, Map 2647
and Lot one of Map 833 and Lot 48 of Carlsbad Tract 76- 15, filed November 16, 1896
has been filed with the city of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a
request as provided by Title 21 of the Car-lsbad Municipal Code;
and
- XIEREAS, the Plarining Cornmission did, on the 14th day
"
of October, 1981, hold a duly noticed 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 Planned Unit Development; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
13) That based on the evidence presented at .the public hearing,
the Commission recommends APPROVAL of PULI-25, based on the
following findings and subject to the EoXlowing conditions:
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Find ing s : .' The proposed project will not be detrimental to the persons
residing in the vicinity or injurious to property or
improvements because the property will be developed as a
single family subdivision and will be compatible with
surrounding uses .
The project is consistent with the city's General Plan since
the proposed density of 1.74 du!s/acre is within the density range of 0-4 du*s/acre specified for the site as indicated on
the Land Use Element of the General Plan.
-0
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 pro- posed.
The project is consistent with all city public facility pol- icies and ordinances since:
The Planning Commission has, by inclusion of an appro- priate 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 build-
ing permits may not be issued for the project unless the
-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.
School facilities will be provided by the Carlsbad School District per letter of agreement dated May I, 1981.
r: ,""y' c- Engineer determincc that sewer service is avdzilable,
The payment of park-in-lieu fees is required as a
condition oE 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. Pergormance 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 projeck will be provided by the city of Carlsbad.
-2- //// PC RESO it1874
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5) This project will'not cause any'significant environmental
impacts and a Negative Declaration has been issued by the
Planning Director on May 1, 1981 and approved by the
Planning Commission on October 14, 1981.
Cond it ions :
Gener a1 -
I Approva' is granted for PUD-25, as shown on Exhibit "A"
dated September 25,- 1981, incorporated by reference and on file in the Planning Department, substantially as shown unless otherwise noted in these conditions e
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 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.
Development shall occur
This project is approved upon the express condition that the
applicant shall pay a public Facilities fee as require? 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 May 7,
1981, 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.
This project shall conform to all R-1 zoning standards.
All conditions of approval of Resolutj-on No. 1873, for CT 81-
13 are applicable to this Planned Unit Development,
incorporated herein, and shall be strictly adhered to.
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PC RES0 ti1874 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on
the 14th day of October, 1981, by the following vote, to wit:
AYES:
NOES : None. <I
ABSENT: Commissioner Rombotis,
ABSTAIN : None ,
Chairman Marcus, Commissioners Farrow, Schlehuber, Jose, Friestedt and L'Heureux.
ATTEST:
COMMI S S I ON
Y .. _.
'C RES0 #1874 -4-