Loading...
HomeMy WebLinkAbout1981-07-21; City Council; 6654-1; 8 Lot Tentative map & Planned uit developmentCITY OF CARLSBAD AGENDA BILL NO. 6654-Supplement 1 Initial: Dept.Hd._ DATE: July 21 , 1981 C. Atty.\/ C. Mgr. _ DEPARTMENT; City Attorney Subject: 8 LOT TENTATIVE TRACT MAP AND 5 UNIT PLANNED UNIT DEVELOPMENT — CASE NO: CT 80-46/PUD-27 APPLICANT: SWAB Statement of the Matter The City Council at your meeting of July 7, 1981 directed the City Attorney to prepare the necessary documents approving Tentative Subdivision Map (CT 80-46) and Planned Unit Development Permit (PUD-27). A resolution approving CT 80-46/PUD-27 is attached. Exhibit Resolution No. Recommendation If the City Council concurs, your action is to adopt Resolution No. APPROVED o enGO S 2 3 4 5 6 7 8 9 10 11 12 1 13 o^sl I4 5 ° z i S*|S 1505 O 5 3 -10 «••; i< £ £ 8 d 16LUO £ <- en M i^ • u O 17 18 20 21 .22 23 24 25 26 27 28 RESOLUTION NO.6609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS AN 8-LOT TENTATIVE SUBDIVISION MAP (CT 80-46) AND A PLANNED UNIT DEVELOPMENT PERMIT (PUD-27) TO CREATE 5 SINGLE-FAMILY LOTS AND 3 COMMON LOTS ON APPROXIMATELY 1.36 ACRES GENERALLY LOCATED ON THE EAST SIDE OF HIGHLAND DRIVE BETWEEN ELM AVENUE AND ELMWOOD DRIVE. APPLICANT; SWAB. WHEREAS, on June 10, 1981, the Carlsbad Planning Commission adopted Resolution Nos. 1815 and 1816 recommending to the City Council approval of an 8-lot Tentative Subdivision Map (CT 80-46) and a Planned Unit Development Permit (PUD-27) to create 5 single-family lots and 3 common lots for James Swab on property generally located on the east side of Highland Drive between Elm Avenue and Elmwood Drive, more particularly described as: That portion of Tract 121 according to Map No. 1661 , filed March 1, 1915, and WHEREAS, the City Council of the City of Carlsbad did on July 1, 1981 hold a public hearing to consider the recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-46) and Planned Unit Development Permit (PUD-27); and WHEREAS, said Tentative Subdivision Map and Planned Unit Development Permit 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: o<CO(/5 g «5 s" ., O'u. ffi| i°P2P|S m — ^ —m o - _iu; . 5< H> m° Z£ SOSis< It 3>£ 5. OPo ' 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. That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolution Nos. 1815 and 1816 constitute the findings of the City Council in this matter. C. That said Tentative Subdivision Map, together with the provisions for its design and improvement and subject to the conditions of Resolution No. 1815 is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 80-46) and Planned Unit Development Permit (PUD-27) are hereby approved subject to all applicable requirements of the Carlsbad Municipal • Code and to the satisfaction of the conditions contained in Planning Commission Resolution Nos. 1815 and 1816, dated June 10, 1981, marked Exhibits A and B respectively, 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 21st day of .July , 1981 , by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None /^ // Jr^/ ' /?J^t^lsl £sUf'*- •t/4st&**J' RONALD C. PARKARD, Mayor ATTEST: /") a J) O ~i~~ A( JLJhjC^-tL XT » i \ (X * 4~MUit VL^~fL^f^-i ALETHA L. RAUTENKRANZ, City Cljsrk V (SEAL) —9— 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 EXHIBIT A TO CITY COUNCIL RESOLUTION •NO. £<£<?.?.PLANKING COMMISSION RESOLUTION NOT IBT5" A RESOLUTION OF THE PLANNIN-G COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO CREATE FIVE SINGLE-FAMILY LOTS AND THREE COMMON LOTS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF HIGHLAND DRIVE BETWEEN ELM AVENUE AND ELMWOOD DRIVE. APPLICANT: SWAB CASE NO: CT 80-46 WHEREAS, a verified application for certain property to wit: That portion of Tract 121 according to Map No. 1661 filed March 1, 1915 ' . . . has been filed with the city of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request a provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 10th day of June, 1981, 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 arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map .and Condominium Permit. 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 public hearing, the Commission recommends APPROVAL of CT 80-46, based on the following findings and"~s~ubject to the following conditions: Find ing s; i 1) The proposed tentative map is consistent with the city's genera plan since the site is designated by the land use element for - residential low-medium density and, as conditioned, the project is consistent with all other general plan elements. . c • - 1 2) The site is physically suitable for the type of development sin the site is adequate in size and topography to accommodate the 2 project without creating any significant environmental impacts. 3 3) The design of the subdivision will not cause any serious health problems since the project meets all public health 4 requirements. 5 4) The project is consistent with all city public facility policie and ordinances since: 6 a. Adequate water, gas and electric service will be available 7 to serve the development. 8 b. All necessary•public improvements will either be provided or required as conditions of approval. 9 ' - , c. The applicant has agreed and is required by the inclusion 10 of an appropriate condition to pay a public facilities fee Performance of that contract and payment of the fee will 11 enable this body to find that all other public facilities .will be available concurrent with need as required by the 12- general plan. 13 d. School facilities will be available to serve the project, per letter from the Carlsbad Unified School District, date* 14 October 30, 1980, on file in the Planning Department. 15 .5) The project will not cause any significant environmental impact and a Negative Declaration has been issued by the Planning 16 Director on May 14, 1981, and approved by the Planning Commission on June 10, 1981. 17 . General Conditions; 18 • . 1) Approval is granted .for CT 80-46, as shown on Exhibit(s) A .and 19 B, dated November 13, 1980, incorporated by reference and on file in the Planning Department. Development shall occur 20 substantially as shown unless otherwise noted in these conditions. >•) This'project is approved upon the express condition that the 22 final map shall not be approved unless the City Council finds a of the time of such approval that sewer service is available to 23 serve the subdivision. 24 3) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City 25 Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according 26 to the agreement executed by the applicant for payment of said fee a copy of that agreement dated November 12, 1980, is on fill 27 with the City Clerk and incorporated herein by reference. If' said fee is not paid as promised, this application will not be 28 consistent with the General Plan and approval for this project shall be void. . . PC RESO #1815 -2- ' jj. 4) The applicant shall pay park-in-lieu fees to the city, prior t :> the approval of the final map as required by Chapter 20.44 of 2 the Carlsbad Municipal Code. 3 5) 'Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable city 4 ordinances in effect at time o,f building permit issuance. 5 6) Approval of this tentative -tract map shall expire eighteen months from the date of City Council- approval unless a final m 6 is recorded. An extension may be requested by the applicant. Said extension shall be approved or 'denied at the discretion o 7 .the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions. 8 . Engineering Conditions; 9 7) This project is approved upon the express condition 'that 10 building permits will not be issued for development of the subject property unless the City Engineer determines that sewer 11 capacity is available at the time of application for such permits and will continue to be available until time of 1.2 occupancy. This note shall be placed on the final map. 13 8)" The developer shall enter into a lien contract for the future improvement of a half street width of Highland Drive along the 14 subdivision frontage prior to approval of the final map.' 15 9) No lot in this subdivision may be 'further subdivided. This no shall be .placed on the final map. 16 10) The private driveway and all common lots shall be maintained b 17 the homeowner's association. 'This responsibility shall be. clearly stated in the CC&R1S as required by a condition of 18 approval of PUD-27, Resolution No. 1816. 19 11) All residential lots in this project shall derive sole access from the private driveway. A note to this effect shall be 20 placed on the final map. 21 .12) The private driveway shall be a minimum of 20 feet wide for a minimum distance of 20 feet from the right-of-way line before ££ tapering to 14 feet. 23 13) The common private driveway shall be paved with a minimum 2 inc hot asphalt concrete overlay prior to the occupancy of any 24 . additional units. Areas to be widened shall have a minimum structural section of 4 inch aggregate base and 2 inches of 25 asphalt concrete. 26 //// ' 27 //// • • 28 //// PC RESO #1815 o ' 1 2 . 3 4 5 6 7 8 .9 10 11 12 13 14 15 16 17 18 19 22 23 24 25 26 27 28 Fire Department; 14) A fire hydrant shall be provided at a location to be approved the Fire Department. 15) The private driveway shall be kept clear of parked vehicles at all times and shall have posted "No Parking/Fire Lane/Tow Away Zone" according to the requirements of Section 17.04.040 of th Municipal Code. 16) A street name shall be' approved and posted for the private driveway and all lots shall be addressed on the approved stree name. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on t 10th day of June, 1981, by the following vote, to wit: AYES: Chairman Marcus, Commissioners Rombotis, Farrow, Schlehuber, Jose, Friestedt, and L'Heureux. NOES: . None. ABSENT: None. ABSTAIN: None. MARY MARCUS, Chairman CARLSBAD/ PLANNING COMMISSION ATTEST: JAMES C . HAGAMAtr, .Secretary /CARLSBAD PLANNING COMMISSION PC .RESO #1815 -4- EXHIBIT B TOS^/TY COUNCIL RESOLUTION NO. 1 PLANNING COMMISSION RESOLUTION NO. 1816 . . g A RESOLUTION OF THE PLANNING COMMISSION' OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 3 PLANNED UNIT DEVELOPMENT TO CREATE 5 SINGLE FAMILY LOTS AND THREE COMMON LOTS ON PROPERTY GENERALLY LOCATED ON 4 THE 'EAST SIDE OF HIGHLAND DRIVE BETWEEN ELM AVENUE AND' ELMWCOD DRIVE. 5 APPLICANT: SWAB CASE NO; PUD-2,7 _ 6 . 7 WHEREAS, a verified application for certain property, to wit: 8 That portion of Tract 121 according to Map No. 1661 filed March 9 1, 1915 ' ' ' 10 has been filed with the city of Carlsbad, and referred to the 11 Planning Commission; and 12 WHEREAS, said verified application constitutes a request as 13 provided by Title 21 of the Carlsbad Municipal Code; and 14 WHEREAS, the Planning Commission did, on the 10th day of June, 15 1981, hold a duly noticed public hearing as prescribed by law to 16 consider said request; and 17 WHEREAS, at said public hearing, upon hearing and considering 18 all testimony and arguments, if any, of all persons d.esiring to be 19 heard, said Commission considered all factors relating to the 20 planned Unit Development; and 21 NOW,' THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio 22 as follows: 23 A) That the above recitations are .true and correct. 24 B) That based on the evidence presented at the public hearing the Commission recommends APPROVAL of PUD-27, based on the followin 25 findings and subject to the following conditions: 26 Findings; .27 1) The proposed residential development at the subject location is desirable to provide a comprehensively and imaginatively 28 designed project which will contribute to the general well beir of the community. 1 2,, improvements in this area. 3 3) As conditioned, all design criteria and development standards 4 5n General Plan. 6 5) The applicant has agreed and is required by the inclusion of an 7 8 •9 10 11 12 13 16 17 18 19 20. 21 22 23 24 25 26 28 2) The pi'oposed development is not detrimental to the health, safety or general welfare of persons residing in the same vicinity, nor would the project be injurious to property or the Planned Unit Development Ordinance are met by this project 4) The proposed project is consistent with all elements of the appropriate condition to pay a public facilities fee Performance of that contract and payment of the fee will enabl this body to find, that public facilities will be available concurrent with need as required by the General Plan. 6) The project will not cause any significant environmental impac and a Negative Declaration has been issued by the Planning Director dated May 14, 1981, and approved by the Planning Commission on June 10, 1981. 7) That the landscaping and views provided by this lot constitute special feature and qualify as credit for meeting open recreational requirements as provided in the Planned Unit .Development Ordinance. 14 General Conditions: 15 1) Approval is granted for PUD-27, as shown on Exhibit(s) A and B dated November 13, 1980, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewe facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. . • 3) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by 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 a copy of that agreement dated November 12, 1980, is on fi: with the City Clerk and 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. 27 4) 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. _PQ_RES.p ft 1816 • -2- 1 2 3 4 5 Director. 6 7) The applicant shall establish a homeowner's association and 9 10 11 12 13 14 18 19 24 25 5) All conditions of approval of Resolution No. 1815, for CT 80-4 are hereby incorporated by reference and shall be complied wit in their entirety, Planning Conditions ; 6) Prior to the issuance of building permits, the applicant shall submit a final Planned Unit Development Plan, incorporating al changes required herein, far the approval of the Planning . corresponding covenants, conditions and restrictions. Said CC&R'S shall be submitted to and approved by the Planning Department prior to final map approval. 8) The applicant shall prepare a detailed, landscape and irrigatio: plan which shall be submitted to and approved by the Planning Director prior to the issuance, of building permits. 9) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 10) The' applicant shall install the recreation facilities on the common recreation lot prior to final occupancy of the last uni of this subdivision. The recreation facilities must comply wii the provisions of the Planned Unit Development Ordinance in effect at the time of final occupancy of the last unit. 15 11) The applicant shall screen the storage area with a view- 16 obscuring fence and landscaping. This fence and landscaping shall be installed prior to issuance of a building, permit on ai 17 lot in this project. .Engineering Conditions; 12) The developer shall obtain a grading permit prior to the cormn en cement of any clearing or grading of the site. 20 13) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 22 . 14) The applicant shall widen the pavement of the private driveway a minimum width of 14' . The driveway shall be widened prior tc final occupancy of any lot in 'this project. 15) All residential lots in this project shall derive sole access from the private driveway. A note to this effect shall be placed on the final plan. 26 27 "" PC RESO #1816 -3 1 2 3 4 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _ O'A'MES ' G .'HAGAMAN , Secretary" /CARLSBAD PLANNING^COMWl'SSION PASSED, APPROVED AND ADOPTED at'a regular meeting of the Planning Commission of the city of Carlsbad, California, held on th 10th day of June, 1981, by the following vote, to wit: AYES: Chairman Marcus, Commissioners Rombotis, Farrow, Schlehuber, Jose, Friestedt and L'Heureux. NOES: None. ABSENT: None. . ABSTAIN: None, MARY MA-RCUS, Chairman CARLSBAT) PLANNING COMMISSION ATTEST: PC RESO #1816 -4-