HomeMy WebLinkAbout1980-12-02; City Council; Resolution 63791
2
3
4
5
6
7
8
9
10
12 0 a-
, k 0 18
19
20
21
22
23
24
25
26
27
28
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: ROMBOT I S
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. 1713 and Resolution No. 1714 constitute the
findings of the City Council in this matter.
C. That said Tentative Tract Map and Planned Unit
Development, together with the provisions for design and
improvement and subject to
is consistent with all applicable general and specific plans
of the City of Carlsbad.
the conditions of this resolution,
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
2n d day Of December , 1980 by the following vote, to
wit:
AYES :
NOES : None
Council Members Packard, Casler, Anear, Lewis and Kulchin
ABSENT: None
ATTEST :
RONALD C. PACKARD, Mayor
-2-
I
qibit “A” to ’
k solution No. 6379‘
eo, wit:
Portion of Lot I ef Ranz3o qua ~edionda, county of an Diego, Map No. 823, filed December 16, 2.89E.
ias been filed with the City of Carlsbad, arid qefesrec-l to
the Pl-anning Corrunission; and
NHEREAS, said verified applicatian constitutes a request
is provided by Title 2E of the Carlsbad Municipal Code; and
’ WHEREAS, the. Planning Conmission did, on the 22nd day
>f October; 1980, hold a duly noticed p-Jb1i.c hearing as
;rescribed by 1.a~ to consider said request; ani?
WHEREAS, at said public hearing, upon heaxing and
:onsidering a3.X testimony and arguments, it2: any, of all
rersons desiring to be heard, said Commission considered 2x1
iactors relating to the Tentative Tract Map.
,
NOW, THEREFOE.E, BE IT HEREBY RESOLVED by the Pl.anning
tommission as follows: *
,)
I)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission. recommends APPROVAL - af CT 80-39
based on the following findings and subject to the
following conditions:
‘indings
. ’The project is consistent with the city’s general plan
since it is within the density range specified for the site as indicated on thc Land Use Element of the General.
Plan. .
C RESO.#1713
a
2
.l L
4
'F u
E
7
E
9
3. C
313
12
3.3
1.4
2.5
16
17
18
a9
20
21
22
23
24
25
26
27
28
2.
3.
4.
\ .The site is physically s - itzbl for the type and density
of the developnnent since the si te is adeqaafze in size
arid shpz "io laccomrriodate residential deveXcpment at the proposed density and sti-11 n:eet all the requirements of the city's zoxiny and; subdivision ordinances,
1 The project ils consistent with all city pub1.i~ facility
policies and ,ordinances since: .
a.
b,
C.
d.
3.
The
T%e Planning Coinmissi.cn has, by. i.izclusior, of an
appropriatz conr7ition to this project insured th3.t
the final map will not. be apprm7ed unless the City Council Ifinds that sewer service is available to
serve the project. in addikion, the Plmning Commission has added a, condition that. a note shall
be placed on the final mar) that building pgrmits
nay not be issued for the cciidorniniurn project unless the City Engineer determhes thrrt sewer
service is available.
be approved unless sewer .service is available, an2
building cannot occur within the project unless sewer service remains available, the PlarmFng Commission is satisfied that the requirements of
the public facilities element of the gefieral plan
have been met insofar as they apply to sewer service for this condominium permit and tentative
may; approval.
Since t,he final map cannot:
School facilities will be Unified School District.
pr 3 vi d ed the Carlsbad .
Park-in-lieu fees are requ.ir&d as a condition 02 approval.
All necessary piiblic 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 fhd
that public facilities will be available concurrent
with need as required by the General Plan.
..
proposed project is compatible with surroundins land
uses since it is being deveioped as R-1 property a& the
surrounding uses are or will be lowdensity residential.
Conditions
1. Approval is granted for CT 80-39, as shown on Exhibit B, dated September 17, 1980, incorporated by reference and on file j-n tf;? Dlannhg Department. Devcl.opment sha 11 occur substant.ially as shown unless otherwise noted in
these conditions.
l?C RES0 #1713 -2- ..
3
* F
r 1
E
E
15
1;
2c
22
23
24
26
27
* 28
2.
3.
4.
5,
6.
7.
8.
0 . .'
his px6 ject is approved upon .the exprzss condition
tha-i the final map shall fist be approved unless the City Corirdcl.1 fincis as of .the time of sach appiroval that sewer service is availabie to serve the subdivisiori.
This project is approved upon the express condition
that buildin9 permits shall not be. issued for develop- ment of the subject property unless the City Engineer
determines that seiv'er czpacity 'is available at the time of application for such pernits ad will continue to be available until time of occupancy. This condition
shall be placed on the fi.nal. map. .
'
This project is approved upon the express condition
that the applicant-. shall pay a public facilities fee as
requ'ired by 'City Couiicil Policy 143. 1.7, dated August
29, 1979, on file wi-kh the City Clerk and incorporated
herein by reference, and according to the agreement
executed by 'the applicant for payxent of said fee dated September 5, 1980 on file with the City Clerk and is incorporated herein by .reCerence. 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 an6
irrigation plan which shall be submitted to and appmveC!
by the Plaming Department prior to issuance of building permits .
The epglfcant shall pay ?ark-in-lieu fees to th~ city,
prior tc~ the approval of the finsll map as required by Chapter 20.44 of the CarPsbad 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.
9. An all weather access road shall be maintained throughout
construction as required by tke fire marshal.
10. Water for fire protection to be in before combustibles
.are on building site as required by fire marshal-
11. 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.
12. All fire alarm systems I fixe hydrants, extinguishing
systems, automatic sprinklers, and other systems pertinent
to the locati.on, shal.1 bc submitted to the fire department
for approval. pricr to construction,
PC RESO' ffl.713. -3-
a
1:
3. t
1':
It
3g
- 2(
21
22
22
24
25
26
27
28
13.
14.
15.
16.
L7 e
!e.
-9 *
!O.
!l.-
0
Fire retkardant roofs shall 'ne required on all structures to the satisfaction of the biiilding and fire departments.
Brush clearance shall be maintained within a mixi"
distance of 30 feet to each residencc.
The developer shall obtain a gr;dir:g permit grior to
the comTencement of my clearing 'or grading of the
site.
The grading for this project is defined as "controlled
grading" by Section 1L.06.%70 (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-
plimce of the work with the approved gradin9 plzn,
subnit required reports and verify compliance with Chapter 11.05 of the City Code.
A concrete terrace drain shall bc installed in the
bmch at thz rear of the lets at the time the lots are
graded. The drain shall be provided with one or more
sidewalk underdrains, catch basins or storm drain pipes
to ca-rry water to the street, based on drainage calcula- tions and subject to the approval of the City Engineer,
Street trees of a variety approved Sy the Pxks and
Recreation Department shall be installed to City
specifications at forty foot interTra.ls along all public
street frontages.
Sidewalks shall. be constructed on al.1 street frolrtaqes adjacent to the subdivision boufidary prior to the ksu-
ance of occupancy for any units.
The final map shall show the large parcel which is *
contiguous to this subdivision and shall desigilate it
as a remainder. map stating that a building permit will not issue for
the remainder anti1 it is further subdivided in accordance with Title 20 of the Carlsbad City Code.
A note shall be placed OR the final.
All exposed slopes shall be* hydroseeded or otheryise
stabilized imiediately upon completion of grading acti-
vities to the satisfaction of City Engineer.
- '.
-.
C RES0 # 1713 -4 -
.. *.
I
3
1:
1;
1:
31
I!
1./ It
1:
II
1s
2c
23
2;
2:
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 the 22nd day of October, 1980, by the following vote,
to wit:
AYES :
NOES : None.
ABSENT: Commissioner Marcus.
Commissioner Schick, Larson, Jose, Friestedt, Leeds.
ABSTAIN: Commissioner Rombotis.
Chairman CARLSBAD PLANNING'CO~ISSION
ATTEST:
PC RES0 # 1713 -5-
3.
3.
1
a
J
I.
1,
,2(
1'
It
E
2(
21
22
2:
24
25
26
27
28
.I
0 mibit I'B" to
Resolution No. 6379
A RESOLUTION OF TYE PLANNING COYU'.IISSION OF
APPROVAL OF A PLANMEi) UNIT DEVETJOP~~LENT FOR A
7 UNIT SINGLE FiZE.IXLY RESIDENTIAL DEVELOPMENT
ON PROPERTY SENEPJlLLY LOCATED ON THE WEST' SIDE
OF VALENCIA AVENUE BIC'TWEElii PARK DRIVE AND
SEVILLA NAY IN THE P-C ZONE.
TEE CITY OF CAKLSBAT) , CALIFORNIA, XECOMMEMDIMG
APPLICANT: ROP430TIS
CASE NO: PUD-23 --I_-
WHEREAS, a. verified application for certain property, to
wit:
Partion of Lot I of Rancho Aqua Bedionrla, County oE
San Diego, Map No. 2323, filed December 16, 1896.
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application con.stitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Comksion did, on the 22nd day of
October, 1980, hold a duly noticed public hearing as
prescribed by law to consider said. request; and L$
WIIEKEAS, at said public hearing, upon hearing and considering
all testimony and agrunents, if any of all persons desiring to
be heard, said Commission considered all factors relating to the
Planned Unit Developinent; and
NOW, THEREFOP,E, BE IT HEREBY RESOLVED by the Planning
:omission as follows:
I)
3)
That the above recitations are true and correct.
That based on the evidence presented at the pdblic hearing
the Commission recommends APPROVAL of PUD-23, based or?
the following findings and subject ts the following
conditions:
'C RESOL #1714
..
.’
1
A
I
I
l!
It
a:
3t
ZE
2(
21
2:
21
24
2:
26
27
28
0
Findings !
1.
2,
3.
PC
The proposed project will not be detrimental to the
persons residing iiz the vicinity or injurious to prop-
perty or ian6rcvements in the area because:
a. The property will be developed as a single family subdivision and will be compatible with surrounding
uses
b. The proposed lots meet the mfrrimum requirements of
the R-1-7500 zone with. the exception of the sideyard
requirement.
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,
The project is consistent with all City pubxic facilities, policies and ordinances because:
a.
b.
C,
d,
REX0
The Planning Commission has, by inclusion of an appropriate condition to this condominium permit
ar,d tentative subdivision map, insured khat 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 nap that building permits
may not be issued for the condominium project
unless the City Engineer determines that sexex
service is available.
be approved unless sewer service is availab‘ke, and
building cannot occur withh the project cnl.ess sewer service remains available, the PPanniriy Commission is satisfied that the requirements of the pub,lic facilities element of the General Plan
have been met insofar as they apply to sewer service for this condominium permit and tentative
map approval
Since the final. map cannot
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.
All necessary public improvements have been provided or will be required as conditions of approval.
School facilities will be available in the Carlsbad
Unified School District.
#la14 -2-
..
1
2
3
4
5
6
7
8
9
10
21
12
I13
14
15
16
3.7
18
19
20
21
22
23
24
25
26
27
28
0
Cctnd itions
3: .
2,
3.
4.
5,
6,
7.
8,
Approval is granted for PUD-23, as shown on Exhibit A,
dated September 17, 1980, incorporated by reference and on file in the Planning Department. Development shall
occur substantially as shown iznless 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 available until the of occupancy,
This project is approved upon the express condition
that the Sinal 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 aqreement
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 reproducible myl& of the
final site plan incorporating the conditions contained herein, Said site plan shall he submitted to and approved
by the Planning Department prior to the issuance of
building permits,
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&R'S
shall include a provision prohibiting parking of recreational
vehicles in the 20' front yard setback,
Any signs proposed €or 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.
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.
////
PC RES0 #I714 -3-
B
I
I
I
1I
1:
1:
1:
11
l!
1t
1: 2
2c
21
22
22
24
25
26
27
28
9. The expiration date for this project shall. coincide with
CT 80-39.
This proje,ct shall conform to all. R-l zoning standards
except for, sideyards which shall be 5 feet an one side only, 10 feet on the opposite side.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
10.
Planning Commission of the City of CarlSbad, California, held on
the 22nd day of October, 1980, by the following vote, to
wit:
AYES :
NOES : None.
Commissioner Schick, Leeds, Larson, Jose, and Friestedt.
ABSENT: Commissioner Marcus.
hTTEST:
?C RES0 #171$ -4-