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Home My WebLink About1985-12-17; City Council; 8424-1; DENIAL OF TENTATIVE MAPS AND PLANNED UNIT DEVELOPMENTS IN CALAVERA HILLS (CT 84-37/CP 300 (VILLAGE U)| CT 84-38/PUD 76 (VILLAGES W, X, & Y)| CT 85-04/PUD 79 (VILLAGE L-2)ffl 2 E $ ,, 2 .I4 2 u a, .”, M d *I4 aJ 2 a hl 0 m 03 0 2 ffl 2 a a, u a 0 a ld 4 -I4 U G 3 0 u .- z c 0 0 a Ei -I z 3 0 0 CIT~F CARLSBAD - AGEND~ILL AB# 8424-#1 TITLE: DENIAL OF TENTATIVE MAPS AND PLANNED DEI MTG. 12/17/85 UNIT DEVELOPMENTS IN CALAVERA BILLS CIT DEPT. CA ~ ~ CT 84-37/CP-300 (VILLAGE U) CT 54-38/PUD-76 (VILLAGE V, X ii Y) CIT CT 85-4/PUD-79 (VILLAGE L-2) RECOMMENDED ACTION: If Council concurs your action is to adopt Resolution No. 8 denying the following: - CT 84-37/CP-300 (VILLAGE U) CT 84-38/PUD-76 (VILLAGE W, X & Y) CT 85-4/PUD-79 (VILLAGE L-2) ITEM EXPLANATION The City Council at their meeting of December 3, 1985 direct City Attorney to prepare the document necessary to deny the tentative maps and planned unit developments referenced abov upon the findings and conclusions of Planining Commission Res Nos. 2510, 2511 and 2512. That document is attached. If Co concurs your action is to adopt Resolution No. f30 z EXHIBIT Resolution No. $30%. - \ -t 1 2 3 4 5 6 7 a 9 10 11 12 a m 4 g 13 0 52 5! g-LLI'Z Ow< 14 z0za GCZ~ 15 mcz* IL' gg; 16 oK2m t.0 t :g z 17! 18 0 0 0 RESOLUTION NO. 8302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING TENTATIVE MAPS AND PLANNED UNIT DEVELOPMENTS ON PROPERTY GENERALLY LOCATED IN THE CALAVERA HILLS MASTER PLAN AREA. APPLICANT: THE CALAVERA HILLS COMPANY (CESCO) CASE NO. : CT 84-37/CP-300 (VILLAGE U) CASE NO.: CT 84-38/PUD-76 (VILLAGE W, X, & Y CASE NO. : CT 85-4/PUD-79 (VILLAGE L-2) WHEREAS, on November 13, 1985 the Carlsbad Plani Commission adopted Resolution Nos. 2510 (CT 84-37/CP-300 (CT 84-38/PUD-76) and 2512 (CT 85-4/PUD-79) recommending City Council that these tentative maps and planned unit developments be denied; and WHEREAS, the City Council of the City of Carlsb December 3, 1985 held a public hearing to consider the recommendations and heard all persons interested in or 01 to CT 84-37/CP-300, CT 84-38/PUD-76 and CT 85-4/PUD-79; WHEREAS, the Planning Director was unable to is Neqative Declarations for these projects; NOW, THEREFORE, BE IT RESOLVED by the City Coun the City of Carlsbad, California as follows: 2o 21 22 23 24 25 B, That CT 84-37/CP-300, CT 84-38/PUD-76 and C ! 1 4/PUD-79 are hereby denied because of the facts set out Aqenda Bill No. 8424 dated December 3, 1985 and incorpor reference herein and based on findinqs and conclusions o Planninq Commission Resolution Nos. 251 0, 251 1 and 251 2 26 1. The applicant has not entered into an aqree 27 28 the orderly provision of public facilities in the Master area. The Planned Community Zone requires as a precondi development that the property be under sinqle ownership I I1 1 2 3 4 5 ' 7 8 9 lo 'I. D l2 2 a 13 JZ gs Q, $L=r OW4 14 zowa QEZ!? 15 ",si b--'w" o=:m go Y 4 du t;zsg 16 '5 a: Q 17 >o k 0 m e unified control. This requirement is necessary to ensurr all of the master plan public facilities necessary to SUI development will be provided concurrent with need. In tl absence of an agreement satisfactory to the City Council basic zoning prerequisite to development cannot be met ai subdivision maps must be denied because they are inconsi: with the zoning. 2. The applicant has filed a legal brief challt the City Council's authority to require public improvemer necessary to accommodate this development as a condition master plan. In view of that fact, the City Council can1 the finding required by the Public Facilities Element of General Plan that all necessary public facilities will bt available concurrent with need to serve these subdivisior therefore, the subdivisions must be denied because they , consistent with the General Plan of the City of Carlsbad 3. The proposed projects do no appear to be cor with recent City policies adopted as part of the review ( Land Use Element of the General Plan, specifically, port the sites consist of 40% slopes. If no density credit WE given for these slopes these projects would probably excc allowable density for this site. 4. These projects are proposed at densities whj at the high end of the ranges and there are no amenities special aspects of these projects justifying approval at end of the range. TJnder the General Plan and applicable the City Council has determined to not approve the propos densities. Since the zoning approvals necessary for the subdivisions have not been received and the planned unit development and condominium permits have been disapprovec subdivisions must be disapproved. I 18 19 C. This action of denial is final the date this 1 I' 'I 21 22 23 24 25 26 27 Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of tk decision must be sought is governed by Code of ( Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or ot paper seeking judicial review must be filed in t appropriate court not later than the ninetieth d following the date on which this decision become final; however, if within ten days after the dec 28 2. I i L I 2 3 4 5 6 7 8 9 10 11 12 n $ m 13 -1:: vwa Q E2 8 a I) becomes final a request for the record of the proceedings accompanied by the reuuired deposit amount sufficient to cover the estimated cost of preparation of such record, the time within whic petition may be'filed in court is extended to nc than the thirtieth day following the date on whj record is either personally delivered or mailed party or his attorney of record, if he has one. written request for the preparation of the recoi the proceedings shall be filed with the City C1c City of Carlsbad, 1200 Elm Avenue, Carlsbad, Cal 92008 ." D, These denials shall be without prejudice in successor in interest to the Calavera Hills Company (CES( process applications for these villages pursuant to the I plan without waiting a year. PASSED, APPROVED AND ADOPTED at a regular meetir the City Council of the City of Carlsbad, California, he1 17th day of December , 1985 by the following vote, AYES: Council Members Casler, Lewis, Kulchin, Chick an gu3z 141 zoza %<- moa+ >->: 151 lL $V SL ,ZS$ 16 og~m li: $5 % 17 tu k V 18 NOES : None ABSENT: None % - Q/ &A+ Q, MARY H. ICASLER, Mayor 0 11 I ATTEST: 2ol 21 22 23 24 25 26 27 28 QLWJ THA L. RAWENK NZ, City Clerk KAREN R. KUNDTZ, Deputy 5 Y%) 1 3.