HomeMy WebLinkAbout1985-11-26; City Council; Resolution 8222RESOLUTION NO. 8222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING AN 84 UNIT TENTATIVE
TRACT MAP (CT 83-18) AND PLANNED UNIT DEVELOPMENT
(PUD-55) ON 64 ACRES ON PROPERTY LOCATED IN THE
NORTHWEST CORNER OF THE CALAVERA HILLS MASTER PLAN.
APPLICANT: CALAVERA HILLS - VILLAGE H
CASE NO.: CT 83-18/PUD-55
WHEREAS, on September 12, 1984 the Carlsbad Planning
Commission adopted Resolution No. 2342 recommending to the City
Council that Tentative Tract Map (CT 83-18) and Planned Unit
Development (PUD-55) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
October 2, 1984 held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Map CT 83-18 and Planned Unit Development PUD-55;
and
WHEREAS, the City Council of the City of Carlsbad
returned this item to staff to solve the conflict between the
Master Plan with regard to street improvements and to revise the
proposed plan to save 100 trees within the proposed development;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, Calfornia as follows:
A. That the above recitations are true and correct.
B. That Tentative Subdivision Map CT 83-18 and Planned
Unit Development PUD-55 are hereby denied because of the facts
set out in Agenda Bill No. 7892-#1 dated October 15, 1985 and
incorporated by reference herein and based on the following
findings and conclusions:
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1. The applicant has not entered into an agreement for
the orderly provision of public facilities in the Master Plan
area. The Planned Community Zone requires as a precondition of development that the property be under single ownership or unified control. This requirement is necessary to ensure that all of the master plan public facilities necessary to support thc
development will be provided concurrent with need. In the
absence of an agreement satisfactory to the City Council the
basic zoning prerequisite to development cannot be met and the subdivision map must be denied because it is inconsistent with
the zoning.
2. The applicant has filed a legal brief challenging
the City Council's authority to require public improvements necessary to accommodate this development as a condition of the master plan. In view of that fact, the City Council cannot make
the finding required by the Public Facilities Element of the General Plan that all necessary public facilities will be available concurrent with need to serve this subdivision and,
therefore, the subdivision must be denied because it is not
consistent with the General Plan of the City of Carlsbad.
3. The applicant has not attempted to revise his plan
to save any of the eucalyptus trees. Construction of this subdivision as proposed will cause substantial environmental damage which cannot be mitigated in that it will destroy a substantial portion of the mature grove of eucalyptus trees on the site. The site is not physically suitable for the density or intensity of use proposed since all of the units will be clustered in the area presently occupied by the trees and,
therefore, the subdivision must be denied.
4. The proposed project does not appear to be consistent with recent City policies adopted as part of the review of the Land Use Element of the General Plan, specifically a substantial portion of the site consists of 40% slopes. If no density credit were given for these slopes this project would
probably exceed the allowable density for this site.
5. This site is located in the 0 - 1.5 density range area. The project is proposed at a density at 1.3 which is toward the high end of the range and there are no amenities or
other special aspects of this project justifying approval at the
high end of the range. The General Plan contemplates this density range for single family low density and estate type developments. The project is proposed as two story four-plexes
clustered on a small part of the site resulting in a project of high density condominium type. Under the General Plan and applicable zoning the City Council has determined to not approve the proposed density. Since the zoning .approvals necessary for
the subdivision have not been received and the planned unit development permit has been disapproved the subdivision must be disapproved.
the City Council of the City of Carlsbad, California, held on the
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C. This action of denial is final the date this
resolution is adopted by the City Council. The provision of
Chapter 1-16 of the Carlsbad Municipal Code, "Time Limits for
Judicial Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this
decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made
applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16, Any petition or other
paper seeking judicial review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of
preparation of such record, the time within which such
petition may be filed in court is extended to not later
than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party or his attorney of record, if he has one. A
written request for the preparation of the record of
the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California
92008 .I1
PASSED, APPROVED AND ADOPTED at a regular meeting of
26th day of November , 1985 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin and Pettine
NOES: Council Member Chick
ABSENT: None LL- d. L
MARY H. CgSLER, Mayor ATTEST : v
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UTENKRANZ, City Cl,&rk