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).
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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.
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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.
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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) _ .
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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
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, 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- •' '
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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
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"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.
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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
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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-
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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
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"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
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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-
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available until time of occupancy.
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3. This project is approved upon the express condition
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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.
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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.
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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.
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NOES:
ABSENT: Commissioner Marcus. .
ABSTAIN: Commissioner Rombotis.
EDWIN S. SCHICK, JR., Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
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JAMES C. HAGAMAN, Secretary
18 CARLSBAD PLANNING COMMISSION
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PC RESO #1714 -4-