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HomeMy WebLinkAbout1977-05-17; City Council; 5053-1; Approval of 12 Lot 11 Dwelling unit DevelopmentCITY OF CARLSBAD AGENDA BILL DATE: DEPARTMENT : NO. 5053 - Supplement 1 May 17, 1977 City Attorney Initial: Dept.Hd.* C . Atty . ' C. Mgr. \Jf=ft ^ ) Subject: Case NQ. CT 77_6/ PUD-10 APPLICANT; R. J. BRYAN APPROVAL OF A 12 LOT 11 DWELLING UNIT RESIDENTIAL DEVELOPMENT Statement of the Matter The City Council, at your meeting of May 3, 1977, directed the City Attorney to prepare the necessary documents approv- ing Tentative Map (CT 77-6) and Planned Unit Development Permit (PUD-10). The resolutions approving the Tentative Map and granting the PUD permit are attached. Exhibits Resolution No . Resolution No. , approving Tentative Map (CT 77-6) . , granting PUD permit (PUD-10) . Recommendation If the Council desires to approve Tentative Map (CT 77-6) , your action is to adopt Resolution No. <*T0&5~ . If the. < . Council desires to grant Planned Unit Development Permit (PUD-10) , your action is to adopt Resolution No. Council action 5-17-77 Resolution #5085 was adopted, approving with conditions tentative map for CT 77-6. Resolution #5086 was adopted, approving a Planned Unit Development Permit PUD-10. Q<m3 CO8S ••^ss Z Ml O j^ —- O Um Z w rf O £. *" CDZ O co 5£ 5 * °u 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 RESOLUTION NO. 5085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 77-6) FOR A 12 LOT 11 DWELLING UNIT DEVELOPMENT GENERALLY LOCATED ON THE SOUTH SIDE OF CHESTNUT BETWEEN HIGHLAND AND ADAMS. APPLICANT; R. J. BRYAN. WHEREAS, on April 13, 1977, the Carlsbad City Planning Commission adopted Resolution No. 1354 recommending to the City Council that Tentative Map(CT 77-6) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on May 3, 1977 considered the recommendations of the Planning Commission; and WHEREAS, said Tentative Map has been declared to have a- nonsignificant impact on the environment and a Negative i Declaration has been prepared and filed in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of the' City of Carlsbad as follows: A. That the above recitations are true and correct. B, That the findings of the Planning Commission in Resolution No. 1354 constitute the findings of the City Council in this matter except as they relate to the public facilities element of the General Plan regarding the availability of sewer service. The City Council finds that sewer service is not available for this development as of the date of this approval. However, sewer service may be available in the future. The City Council o oo 5^1CD = 5 6 7 8 9 10 11 12 13 =55 w Sail 14Me "5*3 IL 15 ,. Ul *-* ^|sd 16UJ Z CM <{go~!It ^ 17 i ° is 19 20 21 22 23 24 25 26 27 28 will, by inclusion of an .appropriate condition to this Tentative Subdivision Map approval, insure 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 City Council will add a condition that a note be placed on the final map providing that building permit may not issue for lots in the subdivision unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available and building cannot occur within the subdivision unless sewer service remains available, the City Council is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to this Tentative Subdivision Map approval. 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 Map (CT 77-6) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. The approval is granted for the land described in the application and any attachments thereto and as shown on the plot plan submitted labeled Exhibit A, dated April 5, 1977, on file in the Planning Department and incorporated by reference herein. 2. Park-in-lieu fees shall be paid to the City prior to approval of the final map. No credit shall be given for the open space or recreational facilities provided by this development. 3. A 30 foot offer-of-dedication shall be made to the City along the westerly and southerly boundaries of 2. 1 ,'*••- 1 2 3 4 5 6 7 8 9 10 11 12o CD3 § 13 o: 5 • w^ s g"sl 14 2.5? i§<S 15 IL • J g z|I° 16 o g - m It- S 17 > « 5 18 19 20 21 22 23 24 25 26 27 28 O • • *"v this tract prior to, or concurrent with, final map approval. 4. All necessary hydrants as required by the Fire Depart- ment shall be in service prior to combustibles being placed on site. 5. This subdivision is approved on 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 6. This subdivision is approved upon the express condition that building permits will not be issued for development on the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such permit and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued until arrangements, satisfactory to the City Council, can be made to guarantee that all necessary sewer facilities will be available prior to occupancy. This condition shall be noted on the final map. 7. This Tentative Subdivision Map shall be subject to any further approvals as may be necessary in connection with such plan for the allocation of sewer service among competing uses as the City Council may adopt. If an allocation plan is adopted prior to final map approval, the applicant shall satisfy the requirements of such plan as a further condition of this Tentative Sub- division Map approval. PASSED, APPROVED AND ADOPTED at .a regular meeting of the Carlsbad City Council held on the 17th day of May , 1977 by the following vote, to wit: AYES: Councilmen Frazee, Packard and Counci Iwoman Casler NOES: Councilman Lewis ABSENT: Councilman Skotnickic/O /yT^TA-&--f G , 7yif-<ss ROBERT C. FRAZEE, 'Mayjir ATTEST : ^7 ;/ ¥ /%£> M^GA^E? ADAMS\ ^Kyc!e5£' t (SEAL) 3. • - . . .-.",. ~* . Q CDB> g • cc ^ ? < 0»VINCENT F. BIONDO. J\TTQRNEY - CITY OF C1200 ELM AVENUEVRLSBAD, CALIFORNIA^ **<^_ o 0 3 t 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 RESOLUTION NO. 5086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED UNIT DEVELOPMENT PERMIT (PUD-10) FOR A 12 LOT 11 DWELLING UNIT DEVELOPMENT GENERALLY LOCATED ON THE SOUTH SIDE OF CHESTNUT BETWEEN HIGHLAND AND ADAMS. APPLICANT; R. J. BRYAN WHEREAS, the Planning Commission of the City of Carlsbad did on April 13, 1977 hold a duly noticed public hearing to consider the application of R. J. Bryan for a Planned Unit Development permit for a 12 lot 11 dwelling unit development on property generally located on the south side of Chestnut between Highland and Adams, more particularly described as: That portion of Tract 240 of Thum Lands, in the City of Carlsbad, State of California, according to the Map thereof No. 1681, filed in the office of the County Recorder of said San Diego County, December 9, 1915, Assessor's Book 205, Page 210, Parcel 07, and WHEREAS, said Planned Unit Development has 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 1972; and WHEREAS, at the conclusion of said hearing, the Planning Commission of the City of Carlsbad, adopted Resolution No. 1358; and WHEREAS, on May 3, 1977 the City Council held a public hearing on the matter and received all recommendations and heard all persons interested in or opposed to the approval of Planned Unit Development Permit (PUD-10); "' §CDV) . o:1C <f VINCENT F. BIONOO, J.TTORNEY - CITY OF C< 0 T - 1 2 3 4 5 6 7 8 9 10 11 12 1 13(N• o>1200 ELM AVENUERLSBAO, CALIFORNIAH H H H-3 O> Ol 0*.5 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission, in Resolution No. 1358, constitute the findings of the City Council in this natter. C. That the Planned Unit Development Permit is granted for the reasons set out in this resolution and subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. The approval is granted for the land described in the application and any attachments thereto, and as shown on the plans submitted labeled Exhibits B & C, dated March 3, 1977; Exhibit D, dated March 23, 1977; and Exhibit E & F dated April 6, 1977, all on file in the Planning Department and incorporated by reference herein. The location of all roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on Exhibit D, E and F unless otherwise provided herein. 2. The conditions shall be appropriately completed and the project commenced within 18 months from final City action. 3. In addition to the required details to be shown on the final PUD plan, the following shall be included: a) Proper lot numbers in sequence. b) Twenty-fou-r foot minimum driveway width. c) An acceptable redesign of the guest parking area, showing not less than 11 spaces. d) Fencing plan for the recreational vehicle storage area. 4. Building locations and setbacks shall be shown on the final PUD plan in substantial conformance with Exhibit C, and in no case shall they exceed the provisions of Section 21.45.120 No. 13. 5. Prior to the issuance of building permits, the applicant shall submit'landscape and irrigation plans to the 2. 1 2 7 4 5 6 7 8 9 10 11 12 CO _<a 88 13 U . S 2£<£ 15°0 2 J X0u; . 5<. iu O •--"d 16UJ ^- <N rfss~S £ U 17 18 19 20 21 22 23 24 25 26 27 28 Director of Parks and Recreation for review and . approval. All improvements shall be installed prior to final occupancy. 6. Lighting adequate for pedestrian and vehicular safety shall be provided to the satisfaction of the City Engineer prior to the issuance of final occupancy. 7. All utilities shall be placed underground. The CC&R's for this project shall state that individual, exterior television antennas are not permitted. 8. One-hour fire-resistive construction shall be utilized for all separation walls, floors and ceilings. A separate utility system shall be provided for each dwelling unit. 9. No wall or fence shall be constructed closer than twenty feet from an area designated for possible future street alignment along the south property line (this would not preclude building a normal forty-two inch high fence in the 20 foot area). 10. No wall or fence shall exceed 6 feet in height within the project area. 11. CC&R's for the PUD shall be approved by the Planning Director prior to issuance of any building permits. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of May , 1977 by the following vote, to wit: AYES: Councilmen Frazee, Packard and Councilwoman Casler NOES: Councilman Lewis ABSENT: Councilman Skotnicki ROBERTA C. FRAZEE, May&%vor ATTEST : T E. ADAMS, (City Clerk (SEAL) 3.