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HomeMy WebLinkAbout1976-09-07; City Council; 3754; Proposed subdivision and planned unit development• o CITY OF CARLSBAD €? s* s~~ // Initial ;AGENDA BILL HQ. ^J /\J? >/ Dept. Hd.DATE; September 7, 1976 City Atty DEPARTMENT; PLANNING ' ^ - • ~~ r~ City Mgr. "ft SUBJECT: PROPOSED TENTATIVE SUBDIVISION (CT 76-8) AND PLANNED UNIT DEVELOPMENT (PUD-2) APPLICANT: El) EBRIGHT (WESTCOJ (Public Hearing) Statement of the Matter The applicant has requested the creation of a six (6) lot single family condominium subdivision. The parcel is approximately 1.45 acres with 152.61 feet of frontage on Highland Drive and 413 feet of depth. The development will provide six (6) single family detached homes fronting on a private access easement. The applicant has designed the access easement to accomodate a possible future public street sys- tem. If at a future date, the access easement is taken for a pub.lic street, all lots and setbacks will conform to current code requirements The Planning Commission conducted a public hearing on the ma.tter on August 25, 1976, and recommends that the subdivision be approved for reasons and subject to conditions of the attached Planning Commission Resolution Nos. 1267 and 1268. Exhibi ts: Planning Commission Resolution No. 1267 Planning Commission Resolution No. 1268 Staff Report dated August 11, 1976 CT 76-8 Plot Plan PUD-2 Plot Plan Recommendati on: If the City Council concurs with the findings and recommendations of Planning Commission Resolution Nos. 1267 and 1268, the Council should instruct the City Attorney to prepare the necessary documents. Council Action: 9-7-76 It was moved that the City Attorney be instructed to prepare the documents necessary to approve PUD-2 subject to the insertion of a condition to require a 10 foot drain and sewer easement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1267 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOM- MENDING APPROVAL OF THE TENTATIVE MAP RE- QUEST FOR A 6-LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF HIGHLAND DRIVE BETWEEN CHESTNUT AVENUE AND MAGNOLIA AVENUE. CASE NO.:. CT 76-8 APPLICANT: ED EBRIGHT (AGENT) WHEREAS, pursuant to the provisions of the Municipal Code the Planning Commission did on August 11, 1976 hold a duly noticed public hearing to con- sider a request by Ed Ebright (Agent); and WHEREAS, a verified application for a certain property, to wit: That portion of Tract 240 of the Thum Lands, in the City of Carlsbad, County of San Diego, State of California, accord- ing to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 15, 1915, and more particularly described in the application on file in the City Planning Office has been filed with the City of Carlsbad and referred to the Planning Commissior and WHEREAS, said verified application constitutes a request as provided by the "Carlsbad Municipal Code"; and WHEREAS, the applicant has complied with the Public Facility Policy of the City of Carlsbad and has provided the necessary information which ensures Public Facilities will be available concurrent with need; and WHEREAS, the proposed map meets or performs the requirements or conditions of the "Carlsbad Municipal Code" or the Subdivision Map Act; and WHEREAS, at said hearing a staff report was presented and all persons desiring to speak of the subject request were heard. At the conclusion of said hearing, after considering all the evidence presented, the Planning Commission made certain findings and reached a decision on the request as hereinafter set forth. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That the Planning Commission makes the following findings of fact: (1) The proposed map is consistent with the General Plan because: a) The Land Use Element designates the area for 0-8 dwelling units per acre. The project provides 4 dwelling units per acre. (2) The decign or improvement of the proposed subdivision is con- sistent with the General Plan because: a) The project will provide orderly residential development. b) The project will not cause excessive expansion of public facilities and/or expense to the taxpayer. (3) The site is physically suitable for the type of development because: a) There are no unusual topographic or geologic features on the site. (4) The site is physically suitable for the proposed density of development because: a) Dwelling units provided per acre are consistent in number with the 0-4 range designated in the General Plan. b) There are no significant physical features on the site that would hinder development. (5) The design of the subdivision or the imposed improvements are not likely to cause substantial environmental damage or sub- stantially and unavoidably injure fish or wildlife or their habitat because: a) A negative declaration has been issued for the project. (6) The design of the subdivision or the type of improvements are not likely to cause serious public health problems be- cause: a) Conditions of approval will ensure the above. (7) The design of the subdivision or the type of improvements will not conflict with easements required by the public at large for access through or use of, property within the proposed sub- division because: -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a) There are no public easements on the property at this time. (8) The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs, coastlines or shorelines because: a) The subdivision does not front on any of the above. C) That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to approve CT 76-8 subject to the following conditions: (1) The approval is granted for the land described in the appli- cation and any attachments thereto and as shown on the Plot Plan submitted labeled Exhibit "B", dated 8/6/76. The lorcation of all roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit "B", except or unless indicated otherwise herein. (2) Final Map shall be completed within 18 months from the date of final City Council action on the Tentative Subdivision Map. Two extensions of one year each may be approved by City Council upon staff review of the original decision. (3) All public improvements shall be made in conformity with the Subdivision Ordinance and other City Standards, to the satis- faction of the City Engineer, without cost to the City of Carlsbad and free of all liens and encumbrances. (4) Prior to any construction, the applicant shall submit plans to the appropriate entity providing domestic water to the proposed development, for its approval of the location, type and adequacy of water lines. (5) Prior to any construction, the applicant shall obtain approval from the City Fire Department of the location and size of fire hydrants. (6) Street trees, as required by the City, shall be installed by the applicant at his expense. Trees shall be of a type approved by the Parks & Recreation Dept. and shall be installed to their specifications. If removal of any existing trees is required by the City, said removal shall be at the applicant's expense. It shall be the responsibility of the applicant to make all arrangements with the Parks & Recreation Department concerning the requirements of this condition. (7) A detailed grading plan which includes proposed drainage and erosion control landscaping and for other measures such as desilting basins shall be approved by the City Engineer prior to Final Map. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (8) Immediately after grading, erosion control landscaping and/or other measures such as desilting basins shall be installed. This control may be the final landscaping, if so approved. (9) A detailed landscape and sprinkler plan shall be submitted for Planning Director's approval for all graded slopes 5' or greater in height and for those areas to be landscaped in the easement road. (10) Prior to final building inspection clearance, all landscaping shall be installed or adequate bonding accepted. Said land- scaping shall be maintained in a manner acceptable to the Planning Director and Parks & Recreation Director. (11) "No Parking" signs will be placed on the northern side of the access easement and on the cul-de-sac turn around to the satis- faction of the Planning Director. (12) The CC&Rs will be submitted to the Planning Director for approval prior to Final Map approval. i (13) If requested by the City Engineer, an amended Tentative Map shall be submitted for approval by the City Engineer prior to review of the final map to assure compliance to all condi- tions of approval. (14) In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. (15) Ornamental street lighting on Highland Avenue shall be provided for as required by Municipal Ordinance. (16) Ornamental street lighting on the private access easement shall be provided to the satisfaction of the City Engineer. (17) All land and/or easements required shall be granted to the City of Carlsbad without cost to the City, and free of all liens and encumbrances. No easements shall be recorded prior to recorda- tion of the final map unless approved by the City Engineer. (18) Highland Avenue shall be improved to City of Carlsbad standards on the basis of a 30 foot half street section along the sub- division frontage. All utilities along this section shall be installed underground. (19) A 31 foot public street easement shall be offered for dedica- tion on the final map along the entire southern edge of the subdivision and each proposed residential lot shall front on the offer of dedication. The area offered for dedication shall not contain trees, shrubs, and other plans which will either cause root intrusion into underground utility systems or obstruction of maintenance and access within underground -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 utility easements, and permanent anchored structures (excepting fire hydrants and street lights) which will obstruct maintenance and access within underground utility easements. (20) The design of the private street is not specifically approved as shown on the tentative map. It should not have a center swale; a berm and gutter along the property line is recommended. It should also have a vertical curb along the residence side and a sidewalk where parking is proposed. Improvement plans for the private street shall be approved by the City Engineer, and private street construction shall be inspected and approved by the City. Standard plan checking and inspection fees shall be paid. A Standard commercial driveway approach shall be installed at the intersection of the private street with the Highland Drive im- provements. (21) A 12 foot water!ine easement shall be dedicated on the final map and a waterline extension shall be installed as approved by the Fire Chief and City Engineer, according to City of Carlsbad standards. The waterline easement shall extend to the west property line to Callow future looping of the water system. (22) Prior to approval of the final map, plans for the proposed private storm drain system and, if necessary, hydraulic calcu- lations substantiating the capacity and effectiveness of the system shall be approved by the City Engineer. The private storm drain shall outlet onto Chestnut Avenue according to City of Carlsbad standards. PASSED, APPROVED AND ADOPTED at a regular meeting hold on the llth day of August, 1976, by the Carlsbad City Planning Commission by the following vote, to wit: AYES: Commissioners Rombotis, L'Heureux, Fikes, and Larson. NOES: Commissioners Watson and Jose. ABSENT: Commissioner Nelson. ABSTAIN: None STEPHEN M. L'HEUREUX, CHAIRMAN ATTEST: DONALD A. AGATEP, SECRETARY -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1268 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CON- CERNING A PLANNED UNIT DEVELOPMENT FOR A 6-LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF HIGHLAND DRIVE BETWEEN CHESTNUT AVENUE AND MAGNOLIA AVENUE. CASE NO.: PUD-2 APPLICANT: ED EBRIGHT (AGENT) WHEREAS, a verified application for a certain property, to wit: That portion of Tract 240 of the Thum Lands, in the City of Carlsbad, County of San Diego, State of California, accord- ing to Map thereof No. 1681, filed in the Office of the county Recorder of San Diego County, December 15, 1915, and more particularly described in the application on file in the City Planning Office has been filed with the City of Carlsbad and referred to the Planning Com- mission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the "Carlsbad Municipal Code"; and WHEREAS, the public hearing was held at the time and in the place specified in said notice on August 11, 1976; and WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Planned Unit Develop- ment found the following facts and reasons to exist: (1) The proposed use at the particular location is necessary and desirable to provide a service or facility which will con- tribute to the general well-being of the neighborhood and the community because: a) The development will allow the subject property to be developed to its allowable density. b) The development will provide an internal circulation system to serve the residences. n 1 (2) The use will not be detrimental to the health, safety or general welfare of persons residing or working in the 2 vicinity, or injurious to property or improvements in the vicinity because: 3 a) The property will be developed in a similar way to the 4 surrounding single family residential area. 5 (3) The design criteria set forth in Section 21.45.110 and all minimim development standards set forth in Section 21.45.120 6 will be met because: 7 a) The plot plan includes all development aspects. 8 b) The plot plan includes provision for open space, circu- lation and parking as well as building location. 9 c) The plan includes a private street that could be 10 utilized as a portion of a future public street system. 11 d) The plan does not exceed the density allowed in the underlying zone. 12 e) Building setbacks are designed to conform to the appropriate 13 zone if the private street became public. 14 f) Guest parking will be screened from adjacent property. 15 (4) The granting of this permit will not adversely affect and will be consistent with the General Plan because: 16 a) The project will be developed to a density allowable 17 by the General Plan. 18 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City 19 of Carlsbad as follows: 20 A) That the above recitations are true and correct. 21 B) That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to 22 approve PUD-2, subject to the following conditions: 23 (1) The approval is granted for the land described in the appli- cation and any attachments thereto, and as shown on the Plot 24 Plan submitted labeled Exhibit "B", dated 8/6/76. The loca- tion of all roadways, parking areas, landscaping and other 25 facilities or features shall be located substantially as shown on Exhibit "B". 26 (2) All conditions shall be completed and the project commenced 27 within 18 months from final City action. 28 (3) All public improvements shall be made in conformity with City Standards, to the satisfaction of the City Engineer, without 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cost to the City of Carlsbad and free of all liens and en- cumbrances. (4) Prior to any construction, the applicant shall submit plans to the appropriate entity providing domestic water to the pro- posed development, for its approval of the location, type and adequacy of water lines. (5) Prior to any construction, the applicant shall obtain approval from the City Fire Department of the location and size of fire hydrants. (6) Street trees, as required by the City, shall be installed by the applicant at his expense. Trees shall be of a type approved by the Parks Department and shall be installed to their specifications. If removal of any existing trees is required by the City, said removal shall be at the applicant's expense. It shall be the responsibility of the applicant to make all arrangements with the Parks Department concerning the requirements of this condition. (7) A detailed grading plan which includes proposed drainage and erosion control landscaping and for other measures such as desilting basins shall be approved by the City Engineer prior to Final Map. (8) Immediately-after grading, erosion control landscaping and/or other measures such as desilting basins shall be installed. This control may be the final landscaping, if so approved. (9) A detailed landscape and sprinkler plan shall be submitted for Planning Director's approval for all graded slopes 5' or greater in height and any other areas required by the City for those areas to be landscaped in the easement road. (10) Prior to final building inspection clearance, all landscaping shall be installed or adequate bonding accepted. Said land- scaping shall be maintained in a manner acceptable to the Planning Director. (11) "No Parking" signs will be placed on the northern side of the access easement and on the cul-de-sac turn around, to the satis- faction of the Planning Director. (12) The CC&Rs will be submitted to the Planning Director for approval prior to Final Map approval. (13) Prior to Final Map approval the guest parking design on the southern protion of the easement road will be redesigned to the satisfaction of the Planning Director. (14) If requested by the City Engineer, an amended Tentative Map shall be submitted for approval by the City Engineer prior to review of the final map to assure compliance to all condi- tions of approval. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (15) In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. (16) Ornamental street lighting on Highland Avenue shall be provided for as required by Municipal Ordinance. (17) Ornamental street lighting on the private access easement shall be provided to the satisfaction of the City Engineer. (18) All land and/or easements required shall be granted to the City of Carlsbad without cost to the City, and free of all liens and encumbrances. No easements shall be recorded prior to recorda- tion of the final map unless approved by the City Engineer. (19) The design of the private street is not specifically approved as shown on the tentative map. It should not have a center swale; a berm and gutter along the property line is recommended. It should also have a vertical curb along the residence side and a sidewalk where parking is proposed. Improvement plans for the private street shall be approved by the City Engineer, and private street construction shall be inspected and approved by the City. Standard plan checking and inspection fees shall be paid. A Standard commercial driveway approach shall be installed at the intersection of the private street with the Highland Drive im- provements. (20) A 12 foot water!ine easement shall be dedicated on the final map and a waterline extension shall be installed as approved by the Fire Chief and City Engineer, according to City of Carlsbad standards. The waterline easement shall extend to the west property line to allow future looping of the water system. (21) Prior to approval of the final map, plans for the proposed private storm drain system and, if necessary, hydraulic calcu- lations substantiating the capacity and effectiveness of the system shall be approved by the City Engineer. The private storm drain shall outlet onto Chestnut Avenue according to City of Carlsbad standards. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on August 11, 1976, by the following vote, to wit: X X X X X X X X X X X X X X X A 1 AYES: Commissioners Rombotis, L'Heureux, Fikes, and Larson. 2 NOES: Commissioners Watson and Jose. 3 ABSENT: Commissioner Nelson. 4 ABSTAIN: None. 5 6 9 10! STEPHEN M. L'HEUREUX, CHAIRMAN 7" ATTEST: 8f 111| DONALD A. AGATEP, SECRETARY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- -MEMORANDUM August 11, 1976 TO: PLANNING COMMISSION FROM: PIANNING DEPARTMENT CASE NOS.: CT 76-8; PUD-2 REQUEST: CREATION OF A 6-LOT CONDOMINIUM -SUBDIVISION TO ACCOMMODATE 6 SINGLE-FAMILY DETACHED HOMES. APPLICANT: ED EBRIGHT (AGENT) SECTION I: RECOMMENDATION CASE NO. CT 76-8 •* ' - . ".--••-• i,taff recommends APPROVAL of Carlsbad Tract 76-^8 for the following reasons and subject to the following. .c.ond,iilorLSJ_ „ ._,,._ (1) The proposed map is consistent with the General Plan because: a) The Land Use Element designates the .area for 0-4 dwelling units per acre. The project provides 4 dwelling units per acre. (2) The design or improvement of the proposed subdivision is con- sistent with the General Plan because: a) The project will provide orderly residential development. b) The proejct will not cause excessive expansion of public facilities and/or expense to the taxpayer. (3) The site "is physically suitable for the type of development because: a) There are no unusual topograp-hic or geologic features on the site. (4) The site is physically suitable for the proposeddensity of development because: • a) Dwelling units provided per acre are- consisteirrt in-mimbeir- with the 0-4 range designated in the General Plan. b) There are no significant physical features on the site that would hinder development. —'= (5) The design of the subdivision or the -imposed- improvements—are not likely, to. cause substantial environmental damage j)r sub- "Stantially and unavoidably injure fish or wildTTfe or their habitat because: _ C ''\**> a) A negative declaration has beert issue-d for the project. (6) The design of the subdivision or the type- of? improvements -- are not lively to cause serious public health problems be- cause: a) Conditions of -approval will ensure the above. (7) The design of the subdivision or the type of improvements will , not conflict with easements required by the public at large for access ., through- or use of, property within the proposed sub- division because: a) There are no public easements on the property at this time. (8) The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs, coastlines or shorelines because: t a) The subdivision does not front on any of the above. CONDITIONS (CT 76-8) (1) The approval is granted for the land described in the appli- cation and any attachments thereto and as shown on the Plot Plan submitted labeled Exhibit -"B" , dated 8/6/76. The lo- cation of all roadways, parking areas , landseapin-g^and- other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit " B" , except or unless indicated otherwise herein. ____ (2) Final Map shall be completed-within 18 months from the date of final CiHy Council action on the Tentative SubtPhrrsion Map. Two extensions of one year each-may ber-approve<i-by City Council upon staff review of the original decision. ~ (3) All public improvements shall- be made in conformity with the Subdivision Ordinance and other City Standards •.,,.: to the satis- faction of the City Engineer, without cost to the City of Carlsbad and free of all liens and "encumbrances. (4) Prior to any construction, the applicant- sliall-Siibmit pl^ns -..,-. to the appropriate etitity prcnrrdi rtg-dom-es tie -water to threr=r- proposed devBlopinent , for—rts a pp^ova^--^f-th^H oration, type and adequacy of water lines. (5) Prior to any construction, the applicant shall obtain approval from the City Fire Department of the location and size offire hydrants. - .-.,-^..,^_-..~-_. (6) The applicant shall install all required fire hydrants and dry-stand pi pes prior to f r^ami ft§^ cons tr-uct iorv s -and sa id ~— -• - fire appurtenances shall be functional prior to coromencing such work. (7) Street trees, as required by the Grity-, .shall be -installed by the applicant at his expense.-*Trees shall be of a type-8- approved by the Parks & JtecreratiaprOept, an.dsnal£~frg Installed to their specifications..-^ removal of any existing trees is required by the City, sard removal snail be at"the applicant's expense. It shall be the responsibi1ity of the appl lean t -?to make -all ar^an^ementSr-w^t^-tbe Parks & 4teerea44on - - Department concerning the requirements of this .condition. (8):-- A detailed grading plan which includes proposed drainage and erosion control landscaping and for other-measures such as destl ting basins shal1 be approved by the Ci ty Engineer prior to Final Map. (9) Immediately after grading, erosion control landscaping and/or other measures such as desilting basTns shal 1 be installed. This control may be the final landscaping, if so approved. (10) A detailed landscape and sprinkler plan shall be submitted for Planning Director's approval for all graded slopes 5' or greater in height and for those areas to be landscaped :~~r in the easement road. (11) Prior to final building inspection clearance, all landscaping shal1 be instal 1 ed or adequate bonding accepted. Sard 1 and- scaping shall be mai ntained^ in-a .manner-acceptable to the .- Planning Director and Parks & Recreation Director. (12) "No Parking" signs-wtll be placed on the narthern side &f the access.easement and on the cul-de-sac turn around to the satis- faction of the Planning Director. ""_'_.. (13) No signs or advertising of any type whatsoever shall b& erected or" installed until plans-thereof-nave been approved ; by the Planning Director. -- - - • - - - - (14) The CC&Rs will be subtnittett to the Planning Director for approval prior to Final -Map approval. (V5) £f requested by the City-Engineer,-an amended Tentative Map- shall be submitted tor approval by^ the ^City Engineer prior to rev-iew-ef -the-final map^ to asstire-comp^l iance to all condi- tions of approval. (16) In order tro provide~~fOT reasonabTe~fTre protection during the construction perroct, the subdivider shall maintain passable vehicular aexress to -all ^tnrrTdifrgs anfih adequate ffre ^hydrants " ... with. requir.ed.-f ire .flows shall be .installed as reeomniended by .. the Fire Department. . , (17) Ornamental street lighting^onrttighland Aven^e^s"halt be provided -for as required by Municipal Ordinance. (18) AlKland a«d/or easements reqanred^sha^KJ^ granted- to- the £itjr of Carlsbad without cost to the Ci*ty, and 'free of a~ll lieirs-and* encumbrances. No easements-shall %e recorded prior to reco-rd a- tion of the final map unless appro-ved 4>y the City Engineer.1 (19) Highland Avenue shall be~TmprtJved-to City- of Carlsbad standards on the basis of a 30 foot half street section along the sub- -- -division frontage. All utilities along this section shall beinstalled underground. (20) -A -31- foot public street easeinent/JshalT be offered for dedica- " titJh^oTv the fin^^^ edge of the subdivision and each proposed residential lot shall front on the offer of dedication. The area offered for dedication shall not contain trees ,- shrubs, and other pJlans which. will, either cause root intrusion into underground utility sysTems or obstruction of maintenance and access within underground -- utility easements, and-4>ermanent ancJiored^ fire hydrants and street lights) which will obstruct maintenance and access within underground utility easements. (21 ) The design of the private street is n<^tsfecffically approved . as shown on- the tentative map. It should not have a center swale; a berm and gutter along the property line is recommended. It shoul d al so have a verti cal curb alxjng the residence side and a si d^walk where par ki ng: is pr*op<>sed. Improvement plam -for t he private street shall be approved" by ":"tfie'~'rrty'TngTne¥r^^"frd~pr street: constructi on "shall* b"B'i'n"spected ^and apprb^^d byr-ttre"~Cfty. Standard plan -checJtrng ehnd inspection fees s4talJhie~^ia:«l.7'A Standard comnrercial driveway approach _s ha 11 be installed at th_e - -intersection of the private street with the Wighlanct-[Xr4^e im- provements. (22) A.I 2 foot waterline- easement ~slra] 1 H^er^^de^tcrsrted "on: tire f map and a waterline extension shall be rnstalled as -approved by the Fire Chief and City Engineer ^according- to Xity-of^_ Carlsbad standards. The waterlifte easement ~S-ha IV extend to. the west property- line to allow future Too^ag of tl» water system. - (23) Prior to a^pr^val of ihe. fi,»a^l^iia^m^ ^lations -substantiating the capacity- and effectiveness of the system shall be approved- by- the Caty -Engineer, _ the pri \tate- ___ storm drain sh^ll outlet on^to Che-stnut Avenue according to City of Carlsbad standards. , „-,.,- ,. - (24) Proposed lots shall be served by a public sewer constructed according to City of Carlsbad stand4-rds withi-n a IS foot wide sewer easejiept. The easement shal LJbe dedicated on the final ma> where ^ the pubTic sewer is withi-n- the- &uixdiv4 si on- boundary; FINDINGS PUD-2 (T) The proposed use at the particular location is necessary and desirable to provide a service or facility which will con- tribute to the general weW^etng^of^l^e^fj'e'i^hborhoodf' an* the community because: a) The development will allow the subject property to be developed to its allowable density. b) The development will provide an internal circulation system to serve the residences. (2) The use will not be detrimental to the health, safety or general ^welfare, of ..pjers^s, jrve-s j di^g .or- . Jwor^M^ii., m ,;Jthe-- ~- vicinity, or injurious to property or improvements in the vicinity because: , a) The property wll 1 ^e^de^eloped ;rh^ surrounding single family residential area. (3) The,design criteria set forth in Section 21.45.110 and all minimimt development standards set forth in Section 21 .45. 120 will be met because: a) The plot plan includes all development aspects. b) The plot plan includes provision for open space, circu- lation and parking as well as building location. s . _ _ c) The plan includes a private, street. that could be, ,, ,, . utilized as a portion of a future public street system. d) The plan does not exceed the density allowed in the underlying zone. e) Building setbacks are designed to conform to the appropriate 2i>ne4f the- private street be-came- public. f ) Guest parki ng wi 1 1 be - ser-eeneth from ad-ja^ent (4) The granting— &f thrs pernrtt™wi 1s! TJirt* wdver^^y- af fe^ctr^cind 'wM T be consistent with the General Plan because: a) The project wi W- be deve-l^oped^-to a"^enisity^al^iw«Wei~~""- by the General Plan. CONDITIONS PUD-2 H) The approval is granted for the land described in the appli- cation and any attachments thereto, and as shown on the Plot .... PI an submitted ladled Exhibit "B", dated 8/ 6/76.- - T^e loca- tion of all roa-dways, parking areas-*, landscaping -arrd Bother- ~--^ facilities or features shall be located substantially as shown on Exhibit "B". -5- (2) All conditions shall be completed and the project commenced within 1 8, months from final-City iaction. • ^--: e-T " c1* ,:. -*-•- (3) AT 1 pub! ic improvements shal V be .made-in ...... coKfo-rmity .wtLth CLtty StandardsV- to-the -satisf action of-;the Ci4y Engineer, wi thou-t cost to the City of Carlsbad and; free of all .1 ien_s and en- cumbrances. (4) Prior to any construction, the applicant shall submit -plans to the appropriate entity providing domestic water to the proposed development, for its approval of _ the location, type adequacy of (5) Prior to any construction, the applicant s-hall obtain approval from the City Fire Department of the location and size of fire hydrants. - (6) The applicant shall install all required fire hydrants and dry-stand pipes prior to framing construction » and -said dire appurtenances shal 1 be functional prior to commencing such -wo-Nc, (7) Street trees, as required by the City, shall be installed by the applicant at his expense. Trees shall be of a type approved by the Parks Department and shall be installed to their specifications. If removal of any existing ,,:. trees is required by the City, said removal shall be at the applicant's expense. It shal 1 be the responsibi 1 ity of the applicant to make all arr^n^emenits, w4tlr, the* .Paris -^O-ep^tr-tme-n t. :• - concerning the requirements _of this condition. ^,^ . ^ .. ( 8 ) A "detai led g ra di ng plan whi ch i ncl trdes ptr op_o s ed d r atna^e- - - - -'— and erosi on control landscapi ng and for other measures such as desil ting basins shall be approved, by the^: City Engineer: prior to Final v(9) ^ Immediately after grading!;^ras^t)n control landscaping and/or other-me a*u^e^"S*ic)vats^ desi It4ng frasinsK sna 1T^ be dnstalled^ Thiscontr^^ma^"^iye~the -final 4^n^c^a^ (10) A detailed landscape and sprinkler p^an^ shall be submitted for Planning Director's approval ftir all graded slopes 5 ' or greater in hei g^~a^T^an^~ o1^e^~aressz retrutred by—the: -City for those areas- to be landscaped in the easement road. .-—-_.. (11) Prior to ftTra^"bu1 Ttfrng inspection electron ce^ aTrh lattchseaping shall be installed or adequate bonding accepted. - Said land-- scaping shall be- mainta iitetH-n -a "man^n^r—ac-cefttafeAe to- -the - - - -- Planning Director. (12) "No ParkiW'* signs" wrll br placecH trn tfre norttrern sMe -of the access easewetrt anch-on the cuT-4e-*sac turn around^ t®th€ ^satis- faction of the FTarining Di rector. -6- (13 ) No si gns ar ladverti si ng of any type whatsoever shall be 'r-^erecrted or 1 nstal T^d^unt^t^p^stis^the^etif « haveiHaeen approveid«T«pn by the City of Carlsbad, • •••* (14) The^CC&Rs "nrilJ ber svbmitt^d to the^laiming Director for --•--•••- approval prior to Final Map approval. (15) Prior to Final Map approval the gtiest parking design on the southern proti on of the easement road wi 11 be redesi gned_to the satisfaction of the Planning Director, (16) If requested by the .City Engineer, an amended Tentative Map; shall be submitted for approval by the City Engineer prior to review of the final map to assure compliance to all condi- tions of approval. (17) In order to provide for reasonable fire protection during the construction period, the subdivider shal 1 maintain passable vehicular access to/ all buildings and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department.. (18) OrnamentcTl street 1 tghtimr on Highland Avenue shal 1 be provided for as required by Municipal Ordinance. All land and/or easements- required shall be granted to the City of Carlsbad without; cost to therCi ty ^utid f ree of- all- l^fenis .:and encumbrances. No easement s^s.ha-11. , be .recorded prloic ^ tQ«r-ecorda7, tion of the final .map unless approved by the City Engineer. (20) Highland Av^nii^ shall be improved to City of £arlsbad standards on the-tasts of a 3& foot half street- section along the sub- division frontage. All utilities along this section sfvall be installed underground. A 31 foot public street sasemejit shall ire offered far dediea ---- tion on the f inal ~mqr altmj- the enttr^-sottiitarn «dg^-of t^€'^ - subdivision and^aath: proposed" residfiirtiai-l^ti^hallLfroiii GEL.; the offer of ded-ii^atitm. The -ar^a^offersed^fjjJt^dejditaii-on^ -^rrr ^ shall not "ctmtatn trees, ~ shrubs ;-anrd trther-plans-whtch wi-11 - - either cause TooT intrusion into undergrtranrd— otTlitjr or obstruct! on of Bjain=fcenAffeBr^undr Access- utility e^SBinentS", and permanTeat ^rnc^uire fire hydrants and street! iights)^ which wil 1- ob^tructrmatnt-enance and access~w4-thin 1 i •f- - (22) The design of the privjLt^nstfeet ^^tiotfrspeejftc as shown on the tentative map. It-shwjltl flot have- a center- - swale; a berm and-gtitter- along "ttee property-! ine~is -recommended. It should also haire a vertical curb along the residence sfde and a sidewalk-where-parking is prop«se4,- Ira^prevement-pJans-for, the street construction sJiall ie inspected and approved by the City. Standard plan ttr&ekingraTid^ Inspection fees-shaT-1 be—paid. A -Standard-comfliercial driveway=^pprt>&€h shalV ^e-inst^llredr-^t-the •intersection of the private street-with the Highland-drive im- provements. -7- w. (23) A 12 foot waterline easement1 shall^be detlfcatetf on the fin-art map and a wat-erline extension^ -shall be installed -as approved by the Fire Chief and City- £ttg4n-ee*r, -a^e*hrd4fttj to City of - Carlso^d standards. — T^e-waterline -ea-seme4i4 snal-l ^x-tend to the west property line to alldwTiiture looping of the water system. (24) Prior to approval of the final map, plans for the proposed private storm drain sy-stem and, if necessary, hydraulic calcu- . 1 at tons substantiating the capaci ty and ef f ecti yeness of the system shall be approved by the City Engineerr" The private • storm drain shall outlet onto Chestnut Avenue according to City of Carlsbad standards. (25) Proposed lots shall be served by a public •sewer constrircted according to City of Carlsbad standards within a 15 foot wide sewer easement. The easement shall be dedicated on^the final map where the public sewer is within the subdivision boundary. SECTION II; BACKGROUND REPORT Location. and Description of Property: Generally on the west side of Highland^ Drive between Chestnut- Avenue and Magnol ia Avenue, ,, ....... .,..i.. The property is vacant Existing Zoning: Subject Parcel: North: South: East: Wesrt: gradi^ R-1-10,000 R-l-10,000 R-l-10,000 R-l-10,000 S u rr o u nd i n <s U s e Subject Parcel:North: Suirthr East: Westr ^ TingTe 'Family Residence Single Family ~Resi dene e Highl and Dri ve ,*»d- Sing Single f^anriVy Jles+dence Residence &r£etihoiises Past History and Related Cases In the past, lots with similar dinrensiuns have been the subject of ya-ri*nee requests to create - pa nJmnilVe- lots. Because ^of their limited street frontage, similar parcels could- not attain the max i mum number of lots through conventional subdivision^ . _. -8- Environmental Impact An Envi ronmental Tfflpac4^«&poiMr has been^s^feflrrtted' with- .the a^p'Hieation for CT 76-8. A negative dec la rt Ion has -been issued for th« =fo}-lo«ing^ -~reasons: The project is small in scale and in an already developed area. No significant alternation in topography or vegetation will result, No significant increase in traffic will occur. General Plan Information . The Land Use Element of the General Plan designates the subject parcel and surrounding area as Residential Low Medium density (0-4 dwelling units per acre). Public Facilities The project falls within the water and sewer service boundaries of the City. The subject property has -been suggested as a possible location for a future through street system. As a result, the applicant has designed the project to accommodate -a future public street, and to provide legal lots and s etfeaeks -for- the pro posed uni ts-^if- « pub! re street is developed. Major PI anning Wi 11 the development- have a tendency ^to-ehange,th^ -neighborhood character? Wi 1 1 the de^elopfli€Trt-=|yr^^*de-t^he ^ bes t cttrr^eirtr-o-s^ of^- the whi 1 e accommodating -f ut^ure opti ons f or ~t4i€~ op-tional develofnvent -of the surrounding area? r**™-^^^^ ...... ..,,„._. DISCUSSI&N ~~ The applicant has .- of a future street system". The subject Vot was identified as potential location 1ro provide access to tire interior of the 1-arge W-o-c-k of -which- it is a pra«^fe^-in -a-C-tty^-wtde streets in 1975. - _ The zoning of the sufrjeet -parcel is R-l-10,-&0&; ^establishing & - minimum 10*000 square foot lot size, Gity Cotmctl Resolution No. 456 provides tlrat otr Highland Drive, only the lots fronting on Highland have R^l-^10,000 zoning. Therefore, if a future street system is established at some future date, the lots to the east - will have R-l-7500 zoning (the established zoning to the west). -9- The applicant has 4>osJtiojiie^ tlm h^^ to adhere to the requirements of possible R-d-TO,000 and R-1-750JQ zoning. The residences piannedare si rvgle f ami Ty detached homes, which will be in character with the surrounding housing types. The single family properties on the north and south accommodate horses. The horses on the northern property may be required to adjust the corral areas away from the new residences. The ordinance requires a distance of 50' between horses and habitable structures. The Fire Chief has expressed concern over the possibility of resi- dents or guests, parking on thenorthern portion of the easement road. The Planning Commission may wish to recommend to the Council provision for City enforcement of parking requirements. The applicant has been in contact with some of the surrounding property owners and has indicated that the response to the project has been generally favorable. TH:mdp (8/6/76) Attachments: / C-T 76-8 Plot Plan, Exhibit "B", dated 8/6/76 . *. - PUD-2 Plot Plan, Exhibit "B", dated 8/6/76 City Council Resolution No. 456 r