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
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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:
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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)
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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;
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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.
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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:
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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.
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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.
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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.
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Engineering Conditions;
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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.
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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.
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PC RESO #1815 o '
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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 _
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7 WHEREAS, a verified application for certain property, to wit:
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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.
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improvements in this area.
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3) As conditioned, all design criteria and development standards
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General Plan.
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5) The applicant has agreed and is required by the inclusion of an
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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.
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General Conditions:
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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.
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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-
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Director.
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7) The applicant shall establish a homeowner's association and
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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.
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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.
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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.
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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.
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PC RESO #1816 -3
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_
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-