Loading...
HomeMy WebLinkAbout1980-12-02; City Council; 6427-1; 7Unit tentative map & planned unit development0 CITY OF CARLSBAD AGENDA BILL NO. DATE:December 2, 1980 DEPARTMENT:City Attorney Jnitial: Dept. Head City Atty. City Mgr, Statement of the Matter The City Council, at your meeting of November 18, 1980, directed the City Attorney to prepare the necessary documents approving a 7 unit tentative tract map (CT 80-39) and Planned Unit Development (PUD-23). Exhibits Resolution No. 1+ 3*?^ approving tentative tract map (CT 80-39) and Planned Unit Development (PUD-23). 20- Subject: 7 UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT. APPLICANT: ROMBOTIS CASE NO: CT 80-39/PUD-23 Recommendation * If the City Council wishes to approve tentative tract map (CT 80-39) and Planned Unit Development (PUD-23), your action is to adopt Resolution No. &3 7 7 • Council Action: 12-2-80 Council adopted Resolution 6379, approving CT 80-39/PUD-23. 1 2 3 4 5 6 7 8 9 10 11 12 O J I 13 o-5 sj I 14 §?5§i^i 15 CJ «r —J-jjs £ I 8 a 16LU 2 IN <; ° O " "I h " 17> 1- a; J. f O 18 19 20 21 22 23 ' 24 25 26 27 28 RESOLUTION NO. 6379 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT MAP (CT 80-39) FOR A 7 UNIT PLANNED UNIT DEVELOPMENT (PUD-23) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF VALENCIA AVENUE, NORTH OF PARK AVENUE. APPLICANT: ROMBOTIS WHEREAS, on October 22, 1980, the Carlsbad Planning Commission adopted Resolution No. 1713 recommending to the City Council that Tentative Tract Map (CT 80-30) be approved; and Resolution No. 1714 recommending that the Planned Unit Development (PUD-23) for a 7 unit single family residential development be approved; and WHEREAS, the City Council of the City of Carlsbad, on November 18, 1980, held a public hearing to consider the recommendations and hear all persons interested in or opposed to Tentative Tract Map (CT 80-39) and Planned Unit Development (PUD-23); and WHEREAS, said Tentative Tract Map and Planned Unit Development have 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 1980; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as,follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolution No. 173.3 and Resolution No. 1714 constitute the findings of the City Council in this matter. Q < § § ^ K °CC < o)0 <ssil l£>2mo *:J "••;riS £«J8o-UJ Z N <o ct " £f g 3> 1- o:< < t °o 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 C. That said Tentative Tract Map arid Planned Unit Development, together with the provisions for 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 Tract Map (CT 80-39) and Planned Unit Development (PUD-23) are hereby approved subject to all applic- able requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No. 1713, dated October 22, 1980, marked Exhibit A, attached hereto and made a part hereof, and Planning Commission Resolution No. 1714, dated October 22, 1980, marked Exhibit B,. attached hereto and made a part hereof. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 2nd day of December i 1980 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES : None ABSENT: None /jf^^ //.^ //7^\/^ ^ RONALD C. PACKARD, Mayor ATTEST: /] /) /? (jJeLf ^fJ^O^ A- /\ fl ^J-A4^$L^^^r>7 ALETHA L. RAUTENKRANZ , City Clerk J_ (SEAL) _ . ' -2- 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 24 25 26 .27 28 C - E^ibit "A" to R^olution No. 6379' PLANNING COMMISSION RESOLUTION HO. 1713 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 7 UNIT TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED 'ON THE WEST SIDE OF VALENCIA AVENUE BETWEEN PARK DRIVE AND SEVILLA WAY IN THE P-C ZONE. APPLICANT: ROMBOTI3 •• . CASE NO: ' er_80--39 ' WHEREAS, a verified application for certain property to,, wit: . Portion of Lot I of Rancho Aqua'Hedionda, County, of San \Diego, Map No. 823, filed December 16, 1896. has been filed with the City of Carlsbad, arid referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 22nd day of October', 1980, hold a duly noticed public hearing as prescribed by lav; to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: . * ' A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL "of CT 80-39 based on the following findings and subject to the following conditions: Findings 1. The project is consistent with the city's general plan since it is within the density range specified for the site as indicated on the Land Use Element of the General Plan. • . . PC RESO. #1713 » .... , 2. .The site is physically suitable for the type and density of the development since the sate is adequate in size n and shape to accommodate residential development at the1 proposed density and still meet all the requirements of the city's zoning and siibdivision ordinances. ,' 3. The project is consistent with all city public facility policies and ordinances since: 5 The Planning Commission has, by.inclusion of an appropriate condition to this project insured 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 Planning Commission has added a condition .that a note shall be placed on the final map that building 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 available, and building cannot occur within the project unless sewer service remains.available, the Planning Commission is satisfied that the requirements of the public facilities element of the general plan -.•zj have been met insofar as they apply to sewer service for this condominium permit and tentative map approval. •in b. School facilities will be provided by the Carlsbad Unified School District. 1 (•>c. Park-dn-lieu fees are required as a condition of approval. ..o . d. All necessary public improvements have been provided or will be required as conditions of approval. 19 3. The applicant has agreed and is required by the inclusion.of an appropriate condition to pay a public facilities fee. Performance of that contract and payment o-f the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 4. The proposed project is compatible with surrounding land uses since it is being developed as R-l property and the surrounding ^lses are or will be low-density residential. Conditions 1. Approvcil is granted for CT 80-39, as shown on Exhibit B, dated September 17, 1D80, incorporated by reference and on file in the Planning Department. .Development shall occur substantially as shown unless otherwise noted in these conditions. PC RESO if 1713 , -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 I 2. 3. 4. . 5. 1 i 6. 7. 8. 9. 1 10 11 12 o This project is approved upon -the express condition that the final map shall not be appx-oved 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 the express condition that building permits shall not be issued for develop- ment of the subject property unless the City Engineer determines that sewer capacity 'is available at the time of application for such permits and will continue to be . availab3_e until time of occupancy. This condition shall be placed on the final.map. . This project is approved upon the express condition . • that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by-reference, and according to the agreement executed by the applicant for payment of said fee dated September 5, 1980 on file with the City Clerk and is incorporated herein by reference. If said fee is not paid as promised this application will not be consistent with the General Plan and approval for this project shall be void. The applicant shall prepare a detailed landscape and irrigation plan which shall be'submitted to and approved by the Planning Department prior to issuance of building permits. The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. • ' Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuances. An all weather access road shall be maintained throughout construction as required by the fire marshal. Water for fire protection to be in before combustibles are on building site as required by fire marshal. In order to provide for fire protection, adequate fire hydrants with required fire flow shall be installed on and off site as required by the. fire marshal. All fire alarm systems, fire hydrants, extinguishing- systems, automatic sprinklers, and other systems pertinent to the location, shall be submitted to the fire department: for approval prior to construction. 1 to the satisfaction of the building and fire departments £ "14. Brush clearance shall be maintained within a minimum distance of 30 feet to each residence, 15. The developer shall obtain a grading permit prior to the commencement of any clearing 'or grading of the site. 7 Chapter 11.06 of the City Code. 10!17. A concrete terrace drain shall be installed in the bench at the rear of the lots at the time the lots are11 12 14 15 17 18 19 20 21 22 23 24 25 26 27 '28 Fire retardant roofs shall be required on all structures 16. The grading for this project is defined as "controlled . grading" by Section 11.06.170 (a) of the City Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to ' coordinate site inspection and testing to insure com- pliance of the work with the approved grading plan, .submit required reports and verify compliance with graded. The drain shall be provided with one or more sidewalk underdrains, catch basins or storm drain pipes to carry water to the street, based on drainage calcula- tions and svibject to the approval of the City Engineer. 18. Street trees of a variety approved by the Parks and Recreation Department shall be installed to City specifications at forty foot intervals along all public street frontages. 16 "19. Sidewalks shall, be constructed on all street frontages adjacent to the subdivision boundary prior to the issu- ance of occupancy for any units. 20. The final map shall show the large parcel which is contiguous to this subdivision and shall designate it as a remainder. A note shall be placed on the final map stating that a building permit will not issue for the remainder until it is further subdivided in accordance with Title 20 of the Carlsbad City Code. 21.. All exposed slopes shall be"hydroseeded or otherwise stabilized immediately upon completion of grading acti- vities to the satisfaction of City Engineer. PC RESO £ 1713 ' -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held : on the 22nd day of October, 1980, by the following vote, to wit: •AYES: '- NOES: . ' ABSENT: ABSTA-IN: EDWIN S. SCHICK, JR., Chairman CARLSBAD PLANNING COMMISSION ATTEST: JAMES C.. HAGAMAH, Secretary CARLSBAD PLANNING COMMISSION PC RESO jf 1713 'e . "•V 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 . •j- "B" to Resolution No. 6379 PLANNING COMMISSION RESOLUTION NO. 1714 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ' APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR A 7 UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF VALENCIA AVENUE BETWEEN PARK DRIVE AND SEVILLA WAY IN THE P-C ZONE. APPLICANT: ROMBOTIS ' CASE' NO; PUD-23 ; WHEREAS, a verified application for certain property, to wit: Portion of Lot I of Rancho Aqua Hedionda, County of San Diego, Map No. 823, filed December 16, 1896. has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 22nd.day of October, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and ^ WHEREAS, at said public hearing, upon hearing and considering all testimony and agruments, if any of all persons desiring to be heard, said Commission considered all factors relating to the .Planned Unit Development; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing the Commission recommends APPROVAL of PUD-23, based on the following findings and subject to the following conditions: PC RESOL it 1714 A uses 28 Findings 1. The proposed project will not be detrimental to the persons residing in the vicinity or injurious to prop- perty or improvements in the area because: a. The property will be developed as a single family subdivision and will be compatible with surrounding b. The proposed lots meet the minimum requirements of the R-l-7500 zone with the exception of the sideyard requirement. 2. The proposed project is consistent with the general plan since it does not exceed the density range specified for the site as indicated on the Land Use Plan. 3. The project is consistent with all City public facilities, policies and ordinances because: 11 The Planning Commission has, by inclusion of an appropriate condition to this condominium permit and tentative subdivision map, insured 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 Planning Commission has added a condition that a note shall be placed on the final map that building 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 available, and building cannot occur within the project unless sewer service remains available, the Planning Commission is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this condominium permit and tentative map approval. 21 b. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. c. All necessary public improvements have been provided or will be required as conditions of approval. 26 d. School facilities will be available in the Carlsbad Unified School District. PC RESO #1714 -2- 2 3 4 5 6 7 available until time of occupancy. 8 3. This project is approved upon the express condition 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 L Conditions Approval is granted for PUD-23, as "shown on Exhibit A, dated September 17, 1930, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. This project is approved upon the express condition that building permits shall not be issued for development of the subject property unless the City Engineer deter- mines that sewer capacity is available at the time of application for such permits and will continue to be 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 the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No, 17, dated August . 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, dated September 5, 1980, on file with the City Clerk and is incorporated herein by reference. If said fee is not paid as promised this application will not be consistent with the General Plan and approval for this project shall be void. 5. The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Department prior to the issuance of building permits. 6. The applicant shall establish covenants, conditions and restrictions which shall be submitted to and approved by the Planning Director prior to final map approval. Said CC&P.'S shall include a provision prohibiting parking of recreational vehicles in the 20" front yard setback. 7. Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval by the Planning Department prior to installation of such signs. 25 8. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. //// PC RESO #1714 -3- 9. .The expiration date for this project s**gfll coincide with CT 80-39. n 10. This project shall conform to all R-l zoning standards „ except for sideyards which shall be 5 feet on one side only, 10 feet on the opposite side. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 22nd day of October, 1980, by the following vote, to 7 wit: AYES: Commissioner Schick, Leeds, Larson, Jose, and Priestedt. 12 13 23 24 25 26 27 NOES: ABSENT: Commissioner Marcus. . ABSTAIN: Commissioner Rombotis. EDWIN S. SCHICK, JR., Chairman CARLSBAD PLANNING COMMISSION ATTEST: 16 17 JAMES C. HAGAMAN, Secretary 18 CARLSBAD PLANNING COMMISSION 19 20 PC RESO #1714 -4-