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HomeMy WebLinkAbout1980-09-02; City Council; Resolution 6292b .i 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A 20-LOT TENTATIVE UNIT DEVELOPMENT PERMIT (PUD-16) FOR 19 SINGLE FAMILY HOMES ON APPROXIMATELY 4.85 ACRF,S GENERALLY LOCATED ON THE NORTHWEST CORNER OF PARK DRIVE AND HILLSIDE DRIVE. APPLICANT: MARTIN FREY. SUBDIVISION MAP (CT 80-14) AND A PLANNED WHEREAS, on July 23, 1980, the Carlsbad Planning Commission adopted Resolution No. 1656 and Resolution No. 1657 recommending to the City Council approval of a 20-Lot Tentative Subdivision Map (CT 80-14) and a 19 single family home Planned Unit Development Permit (PUD-16) for Martin Frey on property generally located on the Northwest Corner of Park Drive and Hillside Drive, more particularly described as: Lots 15 and 20 and that portion of Lot 19 lying North- easterly of the Southeasterly prolongation of the Southwesterly line of said Lot 15, all in Block "G" of Bella Vista, according to Map thereof No. 2152 filed March 7, 1929, and WHEREAS, the City Council of the City of Carlsbad, on August 19, 1980 held a public hearing to consider the recommenda- tions and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-14) and Planned Unit Development Permit (PUD-16) ; 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 1972; NOW, THEREFOPS, BE IT RESOLVED by the City Council of the 1 2 3 4 5 6 7 8 9 10 11 12 0 a k 0 18 19 20 21 22 23 24 25 26 27 28 City of Carlsbad, California as follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolutions No. 1656 and No. 1657 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. 1656, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 80-14) and Planned Unit Development Permit (PUD-16) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolutions No. 1656 and No. 1657, dated July 23, 1980, marked Exhibits A and B, attached hereto and made a part hereof, and subject to the following additional Condition No. 25A which has been added to Planning Commission Resolution No. 1656: "25A The City Council may approval changes in the right- of-way dedication and street improvement requirements for Hillside Drive--the decision to be made prior to approval of the final map." PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 2nd day of-, 1980 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None ATTEST : . d 6?&& ALETHA L. RAUTENKRANZ, City Cler (SEAL) -2- 3 I PLANNING .- COY241SSION RESOLUTION NO. 1656 s- A RESOLUTION OF THE PLANNING CCMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 20 LOT TEN"CAT'1VE TRACT MAP ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF PARK DRIVE AND HILLSIDE DRIVE. APPLICANT: MARTIN FREY CASE NO: CT 80-14 WHEREAS, a verified application for certain property to, wit: Lots 15 and 20 and that portion of Lot 19 lying North- easterly of the Southeasterly prolongation of the Southwesterly line of said Lot 15, all in Block "G" of Bella- Vista, according to Map thereof No. 2152 filed March 7,, 1929 has been filed with the City of Car-lsdad, 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 25th day of June 1980, hold a duly noticed public hearing and a continued public hearing on July 23, 1980, as prescribed by law to consider said request; and WHEREAS, at said publj-c hearing, upon hearing and. considering all testimony and arguments, if anyp of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. .. d NOW, THEREFORE, BE IT HEREBY .. - RESOLVED by the glanning / 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 80-14, based on the fo~lowing findings and subject to the SolZowing conditions: //// 3. 2 3 :4 -.. s ,6 7 8 9 10 3.1 3.2 93 3.4 15 16 17 18 39 20 21. 22 23 24 25 26 27 , 20 .e \ \* 0' Findincs : rr The proposed project is consistent with the city's General Plan since it is with@ the density range specified for the site as indicated on the Land Use Element of the General Plan -1 The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the proposed density and still meet all the requirements of the city's subdivision ordinance. The project is consistent with all city public facility policies and ordinances since: a. b *. e. d. e. f. .- I/// ec RESO The applicant has received 19 edu's from the second phase sewer allocation in the City of Carlsbad Sewer District e The Planning Commission has, by inclusion of an appropriate cor;dition 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 project unless the City Engineer determines that sewer service is avzilahle. 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 requiqements of the public facilities element of the general plan have been met insofar as they apply to sewer service for this project School facilities wiil be provided by the Carlsbad Unified School District. d Park-in-lieu fees are required as a condition'of approval All necessary public -improvements have been provided or will be required as conditions of approval. 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, \ -2- The proposed project is compatible with surrounding and future land uses since it is being developed as R-1 property and the surrounding uses are or will be low- medium density residevtial. The design of the project will not cause any significant environmental impacts since based on an initial study of the project (including a field investigation of the site and archaeological survey) the Planning Director has deter-mined that the project will not result in any adverse enviranmental’impacts and therefore has issued a declaration of negative environmental impact on May 15, 1980, Log No. 702. r Zonditions: Zeneral __L- Approval is granted for CT 80-14, as shown on Exhibit(s) “Xlr, dated July 18, 1980, incorporated by reference and on file in the Planning Department. 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 developments of the subject property unless the City En?ineer determines that sewer facilities are available at the time of applicatim for sdch sewer permits and will continue to be available until time of occupancy, final map shall not be approved unless the City Counci’l 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 a copy of that agreement dated-March 3, 1980, is 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 install street trees to city spec- ifications at 40 foot intervals along all public street frontages prior to final occupancy of any building. The variety of said trees shall be subject to the approval of the Parks and Recreation Department. Development shall occur .This project is approved upon the express condition that the .- . 6) The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final map as per Chapter ..20.44 of the city's subdivision regulations. 7) The applicant shall submit a street name list consistent with the city's street naming policy subject to the Planning Director's approval prior to final map approval. P 3) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Department prior to final map approval. Tire Department 3) An all weather access road shall be maintained throughout construction as required by the Fire Marshall. Water for -fire protection shall be available before any combustible materials are placed on the building site as required by the Fire Marshall, LO) Lk] All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane/ Tow Away Zone" as per condition in Municipal Code, subject to the approval of the Building and Fire Departnents, L2) Fire retardant roofs shall be installed on all structures Cnginzeering 13) -- No grading shall be done during the rainy season, from ,October 1 to April 15, unless erosion control measures approved by the City Engi'neer are implemented. A11 slopes shall be hydroseedea immediately upon completion of grading per the requirements of the City Engineer. 14) L5) The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading permit prior to issuance of building oermits.. Grading shall occur in accordance with an approved gradhg and erosion control plan, city standards, and an approved soils and geologic investigation report which shall include slope stability calculations and construction specifications, Drainage improvements shall be constructed in abcordance with overall plan for grading to the satisfaction of the City E ng i 11 e e r . 1. c L6) .- -7) ,.an approved plan, and the work shall be coordinated with the -8) Prior to the issuance of building permits, all drainage improvements indicated on the tentative map shall be installed subject to the approval of the City Engineer, 0 - I. f 'C RES0 M1656 /. -4- \ 4 Prior to the issuance of building permits, the Bristol Cove storm drain shall be completed and the drainage improvements . for the subject property shall connect to the Bristol Cove storm drain subject to the approval of the City Engineer. All roof drainage from the houses, shall be directed out onto the private street. No grading shall occur and no drainage structures shall be placed outside the limits of the subdivision unless a letter of permission from the owner of the property is obtained. The structural section of the private street shall conform to city standards based on R-value tests. The concrete terrace drain shall be Maintained by the homeowner!s association or individual property owners in prpetuity. shall be placed in the CC&R'S. A statement clearly identifying this responsibilit Park Drive and Hillside Drive shall be dedicated for street purposes at the time of final map approval. be based on a half street width of 34 feet; Hillside Drive shall be based on a half street width of 34 feet and a centerline radius at the curve of 300 feet. shall be dedicated to the city free and clear of all liens and encumbrances. Park Drive shall Said easements The developer shall improve all public streets to city standards and subject to the approval of the City Engineer prior to final occupancy of any units, The improvements shall be based on a centerline to curb width of 24 feet for Park Drive and a centerline to curb width of 26 feet for Hillside Drive. The improvements shall include sidewalks, street lights to city standards and the posting of "NO Parking" signs on Hillside Drive, . All access rights to Park Drive and Hillside Drive from the subdivision shall be relinquished and waived on the final mar, .- . '/// '/// except for a 30 Drive e '/// '/// f /- C RES0 #1656 foot opening for the private street on Park 8 4 ... -5- , I I i ! ac 1: 1: 1: 8 * It 2.c 1'; I€ 1s 2C 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 P the 23rd day of July, 1980, by the fol.lowing vote, to wit: AYES: Schick, Larson, Friested-t, Rombotis, Marcus, keds NOES: "-e and Jose b hh ABSENT: ABSTAIN : None CJa,,. \ .. 3TTEST : :I Y'.YI Ill .: $ . ', S .. 1 3ir .. . .' .* . -. . C RES0 #1656 I \ -6- '. I. I .. I. 1 1 3. I . 1' I( 3.' 31 1! 2% 21 2; - 2: 24 25 26 27 28 a S' .; &IT B TO CITY COUNCI: OLUTION NO. 6292 PJAANEING COMMISSION RESOLUTION NO. 1657 A RESOLUT7:C.N OF THE PLANNING COPIMISSION OF P THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A'PLANNED UNIT DEVGLOPPlENT FOR 19 SINGLE FAMILY HOMES LOCATED ON THE NORTHWEST CORNER OF PARK DRIVE AND HILLSIDE DRIVE ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF PARK DRIVE AND HILLSIDE DRIVE. APPLICANT: MARTIN FREY CASE NO: PUD-16 WHEREAS, a verified application for certain property, to wit: Lots 15 and 20 and that portion of Lot 19 lying North- easterly of the Southeasterly prolongation of the Southwesterly line of said Lot 15, all in Block "G" of Bella Vista, according to Map thereof No. 2152 filed March 7, 1929 been filed with the City of Carlsbad, and referred to the lanning Commission; and WHEREAS I said verified application constitutes a request as rovided by Title 21 of the Carlsbad. Munici;?al Code; and WHEREAS, the Planning Conmission did, on the 25-& day of une, 1980, hold a duly noticed public hearing and a continued ublic hearing on July 23, 1980, as prescribed by law to consider aid request; and I WHEREAS, at said public hearing, upon hearing and considering 11 testimony and arguments, if any of all persons desiring to be eard, said Commission considered all factors relating to the lanned Unit Development; and .d _. * NOW# THEREFORE, BE IT HEREBY RESOLVED by the Planning .. smnission as follows: .. ) That the above recitations are true and correct. *- . ) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of PUD-16, based on the following findings and subject to the following conditiomc - .' * - ; I// f / \ 9 Findin= The proposed project will not be detrimental to the persons P residing in the vicinity or injurious to property or improve- ments in the area because: a. The property will be developed as a single family subdivision and will be compatible with surrounding uses. All design,criteria and development standards set forth in the PUD ordinance have been met. The proposed project will contribute to the general well being of the neighborhood and community. The proposed project is consistent with the general plan since it is within the density range specified for the site as indicated on the land use plan, The project is consistent with all city public facilities, policies and ordinances because: a. The applicant has received 19 eduls from the second phase sewer allocation of the City Sanitation District. The Planning Cormkssion has, by inclusion of an appropriate condition to this pzoject, insured that the final- map will .not be approved unless the City Council finds thdk 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, be approved unless sewer service is available, and building cannot occur within the project unless sewer service remains available, the Planning Conmission is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer ' . d service for this project, c. 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 concurrent with need as required by the General Plan. b, Since the final map cannot .* find that public facilities will be available d. A11 necessary public improvements have been provided or will be required as conditions oE approval. \ -2- /e -: e. School facilities will be available in the Carlsbad Unified School Distrgct. # 6) The design of the project will not cause any significant environmental impacts since based on an initial study of the project (including a field investigation of the site and an archaeological survey) the Planning Director has determined that the project will not result in any adverse environmental impacts and therefore has issued a declaration of negative t environmental impact on May 15, 1980, Log No. 702. 2ond i ti on s - Approval is granted for PUD-16, as shown on Exhibit(s) "Y", dated June 9, 1980, incorporated by reference and on file in the Planning Department. as shown unless-otherwise noted in these conditions. Development shall occur substantiall This project is approved upon the express condition that building permits shall not be issued for developments .'of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This project is approved upon the express condition 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 project. This p-roject 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 OE said fee a copy of that agreement dated March 3, 1980, is 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 appiicant shall prepare a 'reproducible mylar of the final Planned Unit Development 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. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Department prior to final map approval. Said plan shall include planting of slopes with drought tolerant native vegetation. __ -. _- 6 -- . .- ' \ -- -3- E/ The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. ,Said CC&R's shall be submitted to and approved by the Planning Department prior to fj-nal map approval. In order to provide for fire protection during the construction period, the applicant shall maintain passable vehicular access to all buildings. In addition, adequate fire hydrants with required fire flows shall be installed on and off site as required by the Fire Department. 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. A31 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 issuance. The homeowner's association will be responsible for main- taining the private street, recreation areas, recreational vehicle storage area and open space easement. This requirement shall be stated in the CC&R'S. Fences or walls within the required side or rear sztbacks shai not exceed a height of 6'. required front setbacks shall not exceed a height of 3'. Fences or walls within the The recreation areas shall be shielded from the surrounding .streets and residences by a combination of -heavy landscaping, slopes and fences to the satisfaction of the Planning Department, IC The recreational vehicle storage area as shown on Exhibit!s) dated July 18, 1980, shall be, surrounded by a six foot high fence with a locking gate. Lighting for this ares' shall be directed so that it does not spill over onto surrounding residences. storage area shall be established to the satisfaction of the Planning Director and-shall be shown on the landscape and irrigation plan per Condition No. 6. shall be installed prior to final occupancy of any units and landscaping effectively serves to screen the storage' area from Park Drive, adjacent residents and the private street. 'I A .dense mature landscape screen surrounding the Said landscaping ,..the Planning Director shall ensure at this time that the I/// I/// ..' *.' I- ?C RES0 111657 /- \ -4- 'i 31 2 9 b 4 i. .I ' *:E q .+ *E 7 E 9 1c 21. 3- 2 23 2.4 ; ',. 6 16 17 ' 18 19 20 , . 21 22 23 21 25 26 27 ~ 28 P1 I. PASSED, APPRbVED AND ADOPTED at a regular meeting of the nning Commission of the City of Carlsbad, California, .held on the 23rd day of July, 1980, by the following vote, to wit: AYES: Schick, Larson, Friestedt, Rombotis, Marcus, Leeds NOES: None . ABSENT: None ABSTAIN: None and Jose I '- &"TEST : .. . .- ', I .. 4 -+, .. . .:-. .' '. -5-