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HomeMy WebLinkAbout1983-03-23; Planning Commission; Resolution 20941. 4' 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I1 e 0 PLANNING COMMISSION RESOLUTION NO. 2094 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE- LOT TENTATIVE TRACT MAP AND PLANNED UNIT DEVEL- OPMENT ON PROPERTY GENERALLY LOCATED ON THE SOUTH END OF GLASGOW DRIVE AND ADJACENT TO EL CAMINO RE APPLICANT: ROY J. WARD COMPANY CASE NO: CT 83-3/PUD-51 WHEREAS, a verified application for certain prope wit: Lot 29 of Calavera Hills according to Map No. 9335 filed December 16, 1982, and a portion of Lot "E" of Rancho Agua Hedionda according to Map 823 filed November 16, 1896, has been filed with the City of Carlsbad, and referred to Planning Commission; and WHEREAS, said verified application constitutes a as provided by Title 21 of the Carlsbad Municipal Code; an WHEREAS, the Planning Commission did, on the 23rd March, 1983, hold a duly noticed public hearing as prescri law, to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all PE desiring to be heard, said Commission considered all factc relating to the Tentative Tract Map and Planned Unit Devel and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hc the Commission hereby APPROVES CT-83-3/PUD-51, based following findings and subject to the following condj Findings: 1) The project is consistent with the City's General P1z the proposed density of 1.2 du's/acre is within the c /I 0 0 I. 1 2 3 4 5 6 3) 7 2) a 9 10 11 12 13 14 15 16 17 18 19 20 I 21 22 23 5) 25 24 4) 28 6) 27 26 PC range of 0-4 du's/acre specified for the site as indica the Land Use Element of the General Plan. The site is physically suitable for the type and densit the development since the site is adequate in size and to accommodate residential development at the density p posed. The project is consistent with all City public facility icies and ordinances since: a) The Planning Commission has, by inclusion of an app priate condition to this project, insured that the map will not be approved unless the City Council fi that sewer service is available to serve the projec addition, the Planning Commission has added a condi that a note shall be placed on the final map that IC permits may not be issued for the project unless th Engineer determines that sewer service is available building cannot occur within the project unless seh service remains available, and the Planning Commiss satisfied that the requirements of the Public Facil Element of the General Plan have been met insofar E apply to sewer service for this project. b) The Carlsbad School District has written a letter, January 20, 1983, stating that school facilities wi available to this project. c) Park-in-lieu fees are required as a condition of a$ d) All necessary public improvements have been provide will be required as conditions of approval. e) The applicant has agreed and is required by the in( of an appropriate condition to pay a public facilii fee. Performance of that contract and payment of 1 will enable this body to find that public facilitif be available concurrent with need as required by tt General Plan. f) Assurances have been given that adequate sewer for project will be provided by the City of Carlsbad. The proposed project is consistent with the City's Plal Development Ordinance and also complies with the Desigl Guidelines Manual. The proposed project is compatible with the surroundinc land uses since surrounding properties are designated : residential development on the General Plan. This project will not cause any significant environmen. impacts and a Negative Declaration has been issued RES0 NO. 2094 2. JI 9. I1 0 0 1 2 by the Land Use Planning Manager on March 11, 1983 and approved by the Planning Commission on March 23, 1983. - General Conditions: 3 4 5 6 7 a, 1) Approval is granted for CT 83-3/PUD-51 as shown on Exhi "A", dated February 21 I 1983, incorporated by reference file in the Land Use Planning Office. Development shal substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition tha final map shall not be approved unless the City Council as of the time of such approval that sewer service is available to serve the subdivision. g 3) This project is approved upon the express condition tha building permits will not be issued for development of sewer facilities are available at the time of applicatj time of occupancy. This note shall be placed on the f: 10 map. 12 such sewer permits and will continue to be available UI 11 subject property unless the City Engineer determines tl: 13 14 15 16 17 18 19 20 21 22 23 24 I i 4) This project is approved upon the express condition th; applicant shall pay a public facilities fee as require( City Council Policy No. 17, dated April 2, 1982, on fi: the City Clerk and incorporated herein by reference, a1 according to the agreement executed by the applicant fc payment of said fee, a copy of that agreement, dated Ji 17, 1983, is on file with the City Clerk and incorporal herein by reference. If said fee is not paid as promi: this application will not be consistent with the Gener; and approval for this project shall be void. 5) The applicant shall pay park-in-lieu fees to the City, to the approval of the final map as required by Chapte: made pursuant to the Calavera Hills Master Plan. Cred shall be applied for fees previously paid. I of the Carlsbad Municipal Code unless other provisions 6) Approval of this request shall not excuse compliance w sections of the Zoning Ordinance and all other applica ordinances in effect at time of building permit issuan 7) Water shall be provided by the City of Carlsbad unless other arrangement is approved by the City Council. 25' 8) The applicant shall prepare a reproducible mylar of th 27 Planning Manager prior to the issuance of building per site plan shall be submitted to and approved by the La 26 site plan incorporating the conditions contained herei thriving condition, free from weeds, trash, and debris 28 9) All landscaped areas shall be maintained in a healthy PC RES0 NO. 2094 3. /I 1 2 3 4 5 6 7 8 0 0 10) Any signs proposed for this development shall be design conformance with the City's Sign Ordinance and shall re review and approval of the Land Use Planning Manager pr installation of such signs. 11) Approval of Tentative Tract No. 83-3/Planned Unit Devel 51 is granted subject to approval of Zone Change 273 ar Master Plan 150(D). 12) Prior to recordation of a final map all of the lots crc this tentative map shall join the Colony's homeowners E ation, for the adjacent subdivision known as CT 76-12/€ 13) All building plans for the subject property shall be re and approved by the architectural review committee of t Colony's homeowners association of CT 76-12/PUD-4. 9 14) All development standards of the R-1-7500 zone shall bc 10 adhered to, unless otherwise approved herein. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15) All lots shall have a level rear yard with a minimum w: depth dimension of 15 feet. Engineering: 16) No grading shall occur outside the limits of the subdir unless a letter of permission is obtained from the ownc the affected properties. 17) The grading for this project is defined as "regular gr; by Section 11.06.170(a) of the Carlsbad Municipal Code, developer shall submit a grading plan if required for ; which shall include all required drainage structures a1 required erosion control measures. The developer shal: submit soils, geologic or compaction reports if requirc shall comply with all provisions of Chapter 11.06 of tl 1 Carlsbad Municipal Code. 18) Additional drainage easements and drainage structures : be provided or installed as may be required by the COUI Department of Sanitation and Flood Control or the City Engineer. 19) All land and/or easements required by this project sha. granted to the City, without cost to the City, free ant of all liens and encumbrances. 20) The developer shall comply with all the rules, regulat design requirements of the respective sewer and water regarding services to the project. 21) The developer shall construct that portion of Glasgow along the frontage of Lot 1 as shown on the tentative Temporary measures to control drainage of this street also be required prior to occupancy of Lot 1. PC RES0 NO. 2094 4. .^ /I 0 1 22) Prior to final map approval, the developer shall enter future improvement agreement for Glasgow Drive along tt a right-of-way width of 60 feet in conformance with Cit 2 standards, 3 subdivision frontage. These improvements shall be base 4 23) All private streets and drainage systems shall be maint by the homeowners association in perpetuity, This res1 5 sibility shall be clearly stated in the CC&R's. 6 7 a 24) Approval of this tentative tract map shall expire twenl months from the date of City Council approval unless f: is recorded. An extension shall be approved or denied discretion of the City Council. In approving an extent the City Council may impose new conditions and may rev: existing conditions, ~ 9 10 11 12 13 14 15 16 17 18 19 25 1 26 1 I Pursuant to the provisions of Section 20,20,050(1) of 1 Carlsbad Municipal Code, a parcel map may be filled in a final map. Whenever reference is made in these cond: to a final map, the reference shall apply also to a pal filed in lieu thereof. The City is defending two lawsuits which seek to collec damages and reimbursement for the cost of constructing Tamarack Avenue from El Camino Real to the boundaries ( Lake Calavera Hills master plan area (MP-l50(A)) as SUI boundaries existed prior to the amendment made by Mastc Amendment, MP-l50(D). The City believes these cases a: without merit and that no damages or reimbursements arc However, if reimbursement or damages are ordered, awarc established, this applicant as the owner of property benefitted by the road, prior to obtaining a final map the subject property, shall execute an agreement with City whereby the applicant covenants to pay its propor share of any reimbursement or damages, ordered, awarde, established as a result of these or other similar laws 20 21 //// //// 23 //// 22 //// 24 11 //// 25 //// 26 //// //// 27 28 //// 11 PC RES0 NO. 2094 5. ' I. .. , . c .. , " /I 1 d e PASSED, APPROVED AND ADOPTED at a regular meeting ( 2(1 Planning Commission of the City of Carlsbad, California, he: 3// the 23rd day of March, 1983, by the following vote, to wit: 4 5 6 7 8 AYES : chairman Schlehuber, Conmissioners Marcus, Rombot: NOES : None. ABSENT : Catmissioner Jose. Farrow, F'riestedt and Rawlins. ABSTAIN : None. 9 10 11 12 ATTEST : CLARENCE SCHLEHUBER, Chair CARLSBAD PLANNING COMMISSI -. 13 14 15 LAND USE PLANNING MANAGER 16 17 18 19 I 20 21 22 23 24 25 26 27 28 I; PC RES0 NO. 2094 6.