HomeMy WebLinkAbout1980-09-02; City Council; 6336-1; 20 LOT TENTATIVE TRACT MAP AND 19 UNIT PLANNED UNIT DEVELOPMENT- APPLICANT: FREY? CITY OF CARLSBAD
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AGENDA 23S'LL NO. 6336-Supplement 1 Initial:
DATE :
L
Septenber 2, 1980 Dept .Hd. - - C. Atty.1
- o DEPARTXENT City Attorney C, Mgr.
Subject: . 20 LOT TENTATIVE TRACT MAP AND 19 UNIT PLANNED UNIT DEVELOPfIENT-APPLICANT : FFAY CASE NO: CT 80-14/PUD-16
Statement of the Matter
The City Council, at your meeting of August 19, 1980, direci the City P-ttorney to prepare the necessary documents approv. ing Tentative' Subdivision Map (CT 80-14) and Planned Unit Development Fermit (PUD-16). A resolution in that regard
is attached,
Exhibit
Resolution No. b2-92 approving CT 80-14 and PUD-16.'
Recommendation
If the City Council concurs, your action is to adopt Resolution No. hac)? approving CT 80-14 and PUD-16.
Council Action:
9-2-80 Council adopted Resolution 6292, approving CT 80-14/PUD-76.
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RESOLUTION NO. - 6292
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFGRNIA, APPROVING
WITH CONDITIONS A 20-LOT TENTATIVE
SUBDxVrSION 1-l~~ (CY ~o-u) LMn A PLANNED
UNIT DXVELOPICEWT PERI4IT (PUD-16) FCIR 19 SINGLE FAMILY HOMES ON APPROXIMATELY 4.85 ACRES GENERALLY LOCATED ON THE
NORTHNEST CORIJER OF PARK DRIVE AND
HILLSIDE DRIVE. APPLICANT: MARTIN
FREY e
WEREAS, on July 23, 1980, the Carlsbad Planning Corn?-
adopted Resolution No. 1656 and Resoj-ution No. 1G57 recome
to the City Council approval of a 20-Lot Tentative SubdiviE
Map (CT 80-14) and a 19 single family home Planned Unit
Development Permit (PUD-16) for Hartin Frey on property gcr
Located on the Northwest Corner of Park Drive and Hillside
more particularly described as:
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Lots 15 and 20 and that portion of Lot 19 lying North. easterly of the Southeasterly prolongation of the
Southwesterly Line of said Lot 15, all in Block "5"
of Bella Vista, according to Map thereof No. 2152 filed March 7, 1929,
and
I WHEREAS, the City Council of the City of Carlsbad, on
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1 August 19, 1980 held a public hearing to consider the recc
tions and hear all persons interested in or opposed to Ter
Subdivision Map (CT 80-24) and Planned Uiiit Development I
' (PUD-16) ; and
WHEREAS, said Tentative Subdivision Map and Planned
1 Development Fermit have been declared to have a rionsignif
impact on the enviroizment and a Negative Declaration has
prepared and filed in compliazice with the requirements of
City of CarLsbad Environmental Protection Ordinance of 15
NOW, THERElTORE, BE IT RESOLVED by the City Council c
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City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Ycsolutions no, 1696 and NU, 1657 Gonstitute ths; fitldinya
the City Council in this matter.
C, That said Tentative Subdivision Map, together wit
provisions €or its design and improvement and subject to th
Conditions of Resolution No. 1656, is consistent with all
applicable general and specific plans of, the City of Carlsk
D. That Tentative Subdivision Map (CT 80-14) and PI;
Unit Development Permit (PUD-16) are hereby approved subje'c
all applicable requirements of the Carlsbad Municipal Code
the satisfaction of the conditions contained in Planning Cc
Resolutj.ons No, 1656 and No. 1657, dated July 23, 1980, ma3
Exhibits A and B, attached hereto and made a part hereof, i
subject to the following additional Condition No. 25A whicl:
been added to Planning Commission Resolution No. 1656:
"25A The City Council may approval changes in the rig1 of-way dedication and street improvement require1 for Hillside Drive--the decision to be made prio:
approval of the final map. I'
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on t'
day of-, 1980 by the following vote, to wit:
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AYES: Council &mbers Packard, Casler, Anear, Lewis and Kulch
NOES: None
ABSENT: None ,6zyLkA24F/(
q0NALD C. PACKARD, Mayor L ATTEST:
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PLANNING COiQ4TSSJOP! 17,13SOLTclTION NO o 1656 c__c
., A RESOLU'TLON OF TI13 I'LAiiNING COMMISSION OF THE
CITY OF CARLS13AD r CALIFORNIA, RECO?*LMENDING '
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APPI:IICANT : L%?YRTIN FREY
.'.. ' CASE NO : CT 80-14 , ' "-__------ i
WHEREAS, a.verified application for certain property .. t
Lots 15 and 20 and that portion of Lot 19 lying North-
easterly of the Southeasterly prolongatiorl of the . Southwesterly line of said Lot 15, all in Block "G"
of Bella. Vista, according to Map' theFeof .. No. 2152 file
March 7, ,1929
.,
has been filed with. the City of Car-lsbad, ~nd referred to I
PLanning Commission; and
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1980, bold a duly noticed public hearing and a contin;Ted 1
hearing 011 ~uly 23, 1980, as prescribed by 3.aW to conside:
request; and
. WHEREAS, a.; said pbiic hearhg.r upon hearing and co
a11 testimony., and arguments, if anyi o€ all persons desi?
heard, said Comiission co&jdcred a11 faCt.OrS relating tc
NOW, TI3EIIEFORE, BE IT I1ERE3Y Y .. * RESOLVED by the P1.annir
That the abovc recitatiolls are true and correct.
That based on the.evidence psesellted at the public
the Conunission recon~inc~~ds APPROVAL .--.----- of CT 80-11t I bas followj.ng findixlgs and sub3cci; LO the. CollOWillg .COD
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Tentative Tract Nap. ..
Commission as -~ollo~s: -.
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1) The proposed project is consistent with the city's Gene:
~J]TJ $$rice it is with;jPn the density range specified
for the site as indicated on. the and Use Blcrnent 8fi th1
General Plan.
The site is physica.11~ suitable for the type and dcnsi-t.
tlic development since the site is adequate in size and to accoinmodate residcn-tial development at the proposed and still meek all the rcGuiremcnts of the city's subdi
ordinance,
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3) ' The project is consistent with all city public facility
The applicant has received 19 edu's from the secor
phase sewer allocakion in the City of Carlsbad See District.
appropriate condition to this project, insured
that the final map will not be approved unless th,
City Council finds that sewer service is avail-ab]!
to serve the project. In addition, the Planning
Commission has added a condition that a note shal
be placed on the final map that building permits may not be issued for the project unless the City
Engineer determines that sewer service is ~VE ilab
Since the final map cannot be approved unless
sewer service is available, and building cannot occur within the project unless sewer service
remains available, the Planning Commission is
sa'cisf icd that the requirpments of the public
facilities elernent of the geiieral plan have been met insofar as they apply to sewer service for this. pro jcct.
pol-icies and ordinances since:
a,
bo The Planning Commission has, by inclusion of an
c. . School- 3acilities will be provided by the Carlsb
UniEied School District.
Park-in-licu fees arc required as a condition'ol"
A3.1 necessary public -irnpkovcments have been prov will be required as conditions of approval.
The applicant has acjrcccl and is reyuirrcd by thc
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fee. Performance of that contract and payment c
will cnahlc this body to fi-nd 'chat publir, facj.3i be cvailablc concurrent with need as required b:
#I General. Plan,
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4) The proposed project is compatible with surrounding and
'proprty and the surrounding uses are or will be low-
medim density residei>tia.l.
environmental impacts since based on an initial study of the project (including a field investigation of the site and archaeolojical survey) the Planning Director
has deter-mined that .the project will not xesu1.t in any
a declaration of negative environmental impact, on hlay . .
15, 1980, Log No. 702.
#* future land uses since it is beinj developed as 13-1 ..
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5) The design of the project wil.1 not cause any significant
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; '. advel'se' enviranmental 'impacts arid therefore has issued
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Cond..i't,i.oii s.: ,.
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General .
1) . Approval is gralited for CT 80-14, as shown on Exhibit(s)
ccXcl, d.ated July 18, 1380, incorporated by reference and on file in the Planning Department. ' Development shall occur
'substantia.lly as shown unless otherwise noted in these
conditions e
This project is ahproved upon the express condition that
buildi-ng periiiits shall not be issued for developments of the subject property unless the City En?ineer determines. that
sewer fzcil-ities are avail abl.-e at the, time of applicatim for sach sewer permits aid will contiiiue to be available until time of occupancy. .
2)
,
3) * 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 thc' express condition that the a.pplicant shall pay a pu,bl.ic facilities fee as required
by City Council Policy No. 17, dated August 29, 3.979, on
file with the City Clerk, arid 'incoi.-porated herein bbr.
reference, and according to thc agreement executed by , the applicant for papent of said fee a copy of thzt acjrccnwnt dated. Flarch 3 , 1380 , is on file with the City C1.erl.c and is incorporated hereill by reference. If said fee is not
paid as proinised, this application will not be consistent
wit11 the Gcneral Plm sild approval for this project shall he void.
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5) . The applicant sha3.1. j-iistal1 strcet trees to cj.ty spec-
ifications at ,40 foot i.ntcrvn1.s along all public street * fronthqcs prior to final. .occupancy of any bui.Lcling. The variety of said 1:rcc.c; shall I~c sul:,jcct to the approva:L
* of the Parks nnc! Recreation Dcpartincnt .
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6) TSI~ appl.icant shail pay park-in-lieu fees to the city, +pifir to [lie ~QPJQY~J. of the final map as per Chapter
The 'applicant shall sub;nit a street name list consistent
with th-e city's street na.ming poli-cy silbject to the
Planning Director's approval prior to final map approval
The applicant. sha'll prepare a detailed landscape and
irrigation plan which .shall. be submitted to and approve(
by the PI-anning DeiJartment priox to final map approval.
, .20.44 of the city's subdivision &gufaL!ons.
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F i re' D e p art men t
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. An al$ weather access road'shall be maintained tlkoujhc construction as' required by the Fire .. Marshall.
'Water for'-fire protection shall be available before an) .combustible materials. are -placed on the building site i required by the Fire Marshall.
Ali private driveways shall be kept clear of parked ve:
at all times, and shall have posted "lilo Parkiny/Fire 1; Tow ,Away Zone" as per condition in Municipal Code.
Fixe retardant roofs shall, he installed on a11 structu
subject 'to .. the approval of the Buildrcng and Fi.re Depar
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3.3) No grading shall be done during- <he rainy season, fror
.October 1 to April 15, unless erosion control measure
approved by the City hyinecr are implemented.
14) ' A11 slopes shall be hydroseedcfi immediately upon coinp of grading per -the requirements of the City Engineer.
The developer shall.receive the approval of the City for a site cjradlng plan and obtain a grading permit r
Gradi.ng shall occur i.n accordance with an approved gi
and erosion control plan, city standards, and an app- soils and ye0logj.c investigation report which shall
slope stability calculations .. and constructj-on spccif
Drainage Lmprovements shall be constru'ctcd in &cord .. an approvcd plan, and the work shall be coordinated ovcralL plan for grading .to thc satisfaction of thc
Prior to the issuance of building pcrmits, all drnir
i.mpi-ovcmcnts indicated on the- tcntntivc map shal.1 bc
sub-jcct to the approval of tlie .City Engineer,
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issuance of building oerinits a. ', . t
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13) Prior to the issuance of building permits, the Bristol
storm drain shall be completed and the drainage improvc
. for i).le ;jwk]ect property shall connect to the Bristol (
storm drain subject to the approval of the City Engine
A3.1 roof drainage frofi the houses shall be directed ou
No grading shall. occur and no drainage structures shal placed outside the limits of the subdivision unless 2
of permission from the owner of the property is obtain
The structural section of the private street shall con
to city standards based on R-value tests.
The concrete terrace drain shall be maintained by the
homeowner!s association or individual property owners
prpetuity.
shall be placed in the CC&RPS.
Park Drive and Hillside Drive shall be dedicated for s
purposes at the time of final map approval, Park Drit
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the private street.
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A statement clearly identifying this respc
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be based on a half street width of 34 feet; Hillside I:
shall be based on a half street width of 34 feek and z
centerline radius at the curve of 300 feet, Said ease shall be dedicated to the city free and clear of all 3
and encumbrances o
The developer shall improve all public streets’to citj
standards and subject to the approval of the City Engj
prior to final occupancy of any units, The irngrovemer
be based on a centerline to curb width of 24 feet for
Drive and a centerline to curb width of 26 feet for H: Drive. The improvements shall include sidewalks, strc
lights to city standards and the posting of “No Parkir
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signs on Hillside Drive,
All access rights to Park Drive.and Hillside Drive frc
subdivision shall be relinquished and waived on the f.
except for a 30 foot opening for the private street 01
Drive,
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f *-5- c PC RES0 lI1.656
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Planning Corrsnission of the City of Carl.sbad, California, ,he12
th.e 23rd day of 'Jul-y, 1380, by the fol.lo<?ing vote, to wit:
AYES z Schick, I,arson, Friestedt, l?ombotis, 14arcuF p Leet
and Jose .. . NOES; None '
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ABSTAIN z None
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CARLSGAD PLANNIN CO ,ZNIS YS ..
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ATTEST:
p:q/ /" *kL -.; / c9-zSd 1dL.e' -(--
JPNES C, IIAGklIAY, Secretary
*'dkLSBAD PLAV1I? i h y,GflI:,1 I S,S I OX
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RL~OLUTION NO. 629;
PT,ANETNG ' COMMISSION msormum -- NO m 1657
A RESOLUTION OF THE PLANNING COMMISSION OF
TIE CITY OF CARLSBAII , CALI17CI~NIAr IIECOI~INENDING
APPROVAL OF A'PJJ'ihrNED UNIT DEVELOPMENT FOR IC;
SINGTJE 1"AMIL'ST HOMES LOCATED ON T1IE NORTIIWEST
PRClPERTY GENERALLY LOCATZD ON TIlE NORTIiWEST
corwmt OF PARK DEIVE AND HILLSIDE ERIVE ON '
COIZNEII OF PARK DRIVE AND HILLSIDE DRIVE! e
.I ii ~ ' APPLICANT: JjARTXN PREY
. ' : CIiSE NO: PUD-16 4- I
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WI-IEEEAS, a verified appiicakion for cerkain property, t(
Lots 15. and 20 and that portion of Lot 19 lying North-
easterly of the Southeasterly prol.ongation of the
Southbjesterl-y -Tine of said Lot 15 r all, in Block "G" of
BelZa Vista, accordi.ng to Nap the.reof No, 2152 filed Ma 7, 1929
has' been filed with' the City of Carlsb+3, and referred to th
Pl-ann.ing Commission;. .. . and
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WHEREAS t said verified application constitutes a reques
provided by -Title .. 21 of the Carlsbad M&Lc,ipl Code; and
, . I WHEREASI tlld .Planning Commission did, on the 25t'h clay c
June, 1980, hold.'a d-uly nokiced public hearing and a continy
public hearing on July 23, l980, 'as prescribed by J.aw to cor
said -request; and' .. . -. *
WEREAS , at said public hearing p ,upon hearing and cons:
all testimony and. argumciits z if any of all-, persons d.esiri.ng
heard, said Conmission considered all factors relating $0 t'
Planned Unit Developient; and
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NOWt TBEREFORE, BE' IT HEREBY RESOLV23I by the Planning ..
Commission as follordsr' 4
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That the above recitations are true and correct,
~~iat based on t~ie cvic~cnce presented at thc public ~ica
the Conmi.ssj.on ~:econ!mcncIs API'RC)\'AT, ----.--.-- of 17UD- 16 , based. OF
following findings and suh-jccl; to the foLJ.owiny coi3di.l;
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I) The proposed project will not be detrimental. to the per
residing in the vicinity or injurious to property or ix
ments in the area because:
a. The property will be developed as a single' family subdivi.sion and will be compatible with suxrouiidir uses, ,
4 2) All &sign .criteria and deve1.opmen.t standards set fortt
PUD ordinance have been met.
3) The proposed project will contribute to the general we1 of the.. neighborhood and coiiununity o
4) .The oposed project is consistent with the general pl;
sirice ik is within the density range specified for the as indicated on the land use plan.
5) . The project is consistent with all city public facilitj policies and ordinances be cause:^
a. The applicant has received 19 edu's from the sccox phase sewer allocation of the City Sanitation l?isl
b.. The .Plannj.ng Coinkssi-on. hasp ' by inclusion of an
appropriate condition to this pxoject g insured
, that the final map will not be approved unless the
City Councj-l finds that sewer service is avai.'I.abIc
Commissioa has added a.condition that a note shal: be placed on the.fina1 map that buil-ding permits may not be issued for: the condominium project unless the City Engineer determines that sewer
service is available, Since. the final map cannot
be approved unless sewer service is avaf~1abl.e p .an(
building cannot occpr within the project unless sewer service remains available, the Planning
Coinmission is satisfied that the requirements of the public facilities element of the General Plan
service foi this project.
. to serve the project. In addition, the Planning
have been met insofar as they apply to sewer ' ..
.. * c, The applicant has agreed and is required by the
inclusion of an- appropriate condition to pay a
public facilities fee i Pcrformance of that contra1 and payment of the fee will cnable this body to
concurrent with. need as required by the General Plan I
.- ' find that public facilities will be available
' d, All. necessary pub]-ic improvcinents hnvc been provi will bc rcquircd 2s conditions of approval o
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-_ e. School facilities v7il.l be available in th.e Carlsbad
Unified School Distri-ct.
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6) The design of the project will not cause any significant
environmental impacts sfnce based on an initi.al study of
. the project (including a field investigation of the site an archacologi.ca1 survey) t.he Planning Director has dcte
that the project will not result; in any adverse cnvironm
impacts and therefore has issued a declarati.on of negati
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~~~v~YBHM~~M~ impagt 011 M2y 15r 1980, Log NO. 702;
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Approval is granted for PUD-16, as shown on Exhibit(s) I'
dated June 9, 1980, incorporated by reference and'on fil the Planning Department. Development shall occur substz
as shown upless. .. otherwise noted in these condi'cions.
'This. project is .approved upon the express condition that -building permits shall not be issued. for develop me^ - '- df the subject property unless the City Engineer determ:
that sewer facilities arc availab.le at the time of
appl-ication for such sewer permits and will- continue to
be available until time of occupancy e
This project is approved upon the- express condition that the final .map shall not be app:r-o-:ed unless the
City C.ouncil finds as of the time of such approval that
This project'is approved upon the express condj-tion tha
the applicant shall pay a public facilities fee as requ
by City Council Policy.No. 17, dated August 29, 1979, o
file with the City Clerk and incorporated herein by referc'nce p and according to the agreement esecuted by
the applicant for payment of said ,fee a copy of that
agreement dated March 3, 1980, is on file with the City
a-nd is incorporated herein by reference, If said fee j
paid as promised, this application will not be consistc
with the General Plaii and approval for this project sh.E
be void, _-. ..
The appiicant sha1.l prepare a 'reproducible inylar of' th~
E inal 'J?lanned Unit Development site plan incorporatj-ng conditions contained herein. Said site plan shall be
submitted to and approved by the Planning Departnicnt pl
the issuance of .building - .. .permits, .. .. , . .
The applic&t sh.al1 prepare a detailed landscape and
irrigation plan virhich shall be submitted to and approvt
by the Planning DcpartincnC prior to final map approval
. Said plan shall. include planting of slopes with drouyh- tolerant iiativc vegetation.
2)
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3)
. . sewer 3;ervice.is available to serve the project.
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7) The applicant sha11 establish a homeowner's association
and corresponding covcnan-ks, conditions and restriction
.Said CC&R1s shall be subm5-ttcd to..and approved by the
Planiiing Department prior' to final' map approval I
8) In order to provide for fire protection during the
construction period, the appl.icant shall maintain passa ,, ' r,
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vehicular ~GGE~S &) aJL buildinys s 111 addition; adcqua
. . fire .hydrants with required fire flows shall be mstaP1 I
4 on and. off site as required by the Fire Department.
:. .. 9) Any signs proposed for this development shall be
designed in .conformance with the City I s Sign. Ordinance .. and shall require review and approval by the Planning Depax,tnlent prior to installation of such signs. .
10) All landscaped-areas shall be maintained in a healthy
. .)
' and thriving condition, free from weeds, trash, arid de
Approval of this request shall not excuse compliance w
' a11 sections of the Zoning Ordinance and ali other ..
.applicable city ordinances in effect at time of Sui1d.i
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permit issuance, .. -_
12) The' homeowner Is association will be responsible for rnz
taining.the private street, recreation areas, recreati
vehicle storage area a.nd open,space easement. This requirement shall- '. be stated in the CC&R'S.
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13)' Fences or wills idthin the required side or rear s2tbz not exceed a height of 6' a Fences or- walls within thc required front setbacks sl-ralL not exceed a height of :
14): The recreation areas shall be shielded. from the surroi
. ..streets and residences by a conbination of -heavy land!
.: .-sl.opes and fences to the satisfaction of the Planning
15) The recreational vehicle storage area as shown on Exh
.. dated July 18, 1980, shall b&, surrounded by a six, foo fence with a locking gate. Lighting for this arez' sh
directed so that it does not.spil.1 over oiito surrbund residences. A ,dense mature landscape screen surround
storage area shall he establi'shcd to the satisfaction
the Planning Director and- shall be shown on the land: and irrigation plan 'per Condition No. 6. Said landsc
. shall be install.ed pri.or to final occupmcy of any ux ,..the Planning Ilirector shall ensure at this time that landscaping ef fcctivcly scrvcs to screen the storage' fron par]^ u~ivc, i\djacent residents and the pri-vatc ::
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PASSEDc APPROVED AND ADOPTED at a regular meeting of thc
Planning commissiolz of the City of capisbaii, California, ..hc~.~
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/the xxcd day of July, 2980, by the iollowing vote, to wit:
AYE^: ,!2ch;.& LSPESR, Priostodt, Romhoti$,, Marcui;' heed and Jose '
NOES:, None-
ABSENT : None
ABSTAIN: None '
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, . 8- ULIL&\. -.. k.1.. \y \> EDWIN S. SCHICK, J?p.- Ch
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CARLSBAD PLANNING c r X:TS 4- , .' ~.
.. . .r . .. .., . . ATTEST :
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.-:-- !+?+4udg.&7 -L.-&.- L7C7&40 ' ES C e HAC;$JIAN, ,Secretary
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