HomeMy WebLinkAbout1981-07-21; City Council; Resolution 66091
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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 7, 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 fo:Llows:
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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
Jity Council in this matter.
C. That said Tentative Subdivision Map, together with
the provisions for its design and improvement and subject to the
ionditions of Resolution No. 1815 is consistent with all
2pplicable 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:
NOES: None
Council Wers Packard, Casler, Anear, Lewis and Kulchin
ABSENT: None
4- RONALD C. PARKARD, Mayor
ATTEST :
ALETHA L. RAUTE
(SEAL)
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That portion of Tract 121 according to Map No. 1661 filed
March 1, 1915
ias been filed with the city of Carlsbad, and referred to the
'lanning Commission; and
WHEREAS, said verified application constitutes a request a
>rovided 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 1aM
:o consider said request; and
WHEREAS, at said public hearing, upon hearing and
zonsidering all testimony and arguments, if any, of all persons
jesiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map .and Condominium Permit.
HEREBY RESOLVED by the Planning
( ..
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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EXHIBIT A T0,CITY COUNCIL RESOLUTION
.NO. PLANNING COMMISSION RESOLUTION NO. 1815
A RESOLUTION OF THE PJXNNING 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
?it :
NOW, THEREFORE, BE IT
Commission as follows:
A) That the above recitations
B) That based on the evidence
Commission recommends AJ?PR
following findings andx6
are true and correct.
presented at public hearing, the
1VAL - of CT 80-46, based on the ect to the following conditions:
Findings:
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Th'e site is physically suitable for the type of development sin
the site is adequate in size and topography to accommodate the
project without creating any significant environmental impacts.
The design of the subdivision will not cause any serious health problems since the project meets all public health
requirements.
The
and
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b.
C.
a.
The
an d
project is consistent with all city public facility policie
ordinances since:
Adequate water, gas and electric service will be avai.lable
to serve the development.
All necessary.public improvements will either be provided or required a-s 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 all other public facilities will be available concurrent with need as required by the
general plan.
School facilities will be available to serve the project,
per letter from the Carlsbad Unified School District, date
October 30, 1980, on file in the Planning Department.
project will not cause any significant environmental impact a Negative Declaration has been issued by the Planning Director on May 14, 1981, and approved by the Planning
Commission on Ju-ne 10, 1981.
General Conditions :
Approval is granted .for CT 80-46, 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
This project is approved upon the express condition that the
final map shall not be approved unless the City Council finds E
of the time of such approval that sewer service is available tc serve the subdivision.
This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by Citl
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 fil
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.
RES0 #L815 -2-
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The applicant shall pa; park-in-lieu fees to the city, prior t
the approval of the final map as required by Chapter 20.44 of
the Carlsbad Municipal Code.
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 0.f building permit issuance.
Approval of this tentative tract map shall expire eighteen
months from the date of City Cocincil approval unless a final m'
is recorded. An extension may be requested by the applicant.
Said extension shall be approved or 'denied at the discretion o
the City Council. In approving an extension, the City Council
may impose new conditions and may revise existing conditions.
Engineering Conditions :
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
capacity is available at the time of application for such
permits and will continue to be Bvailable until time of
occupancy. This note shall be placed on the final map.
The developer shall enter into a lien contract for the future
improvement of a half street width of Highland Drive along the subdivision frontage prior to approval of the final map.'
No lot j-n this subdivision may be 'further subdivided. This no
shall be .placed on the final map.
The private driveway and all common lots shall be maintained b
the homeowner's association. This responsibility shall be. clearly stated in the CC&R'S as required by a condition of
approval of PUD-27, Resolution No. 1816.
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 map.
The private driveway shall be ai minimum of 20 feet wide for a
minimum distance of 20 feet from the right-of-way line before
tapering to 14 feet.
The common private driveway shall be paved with a minimum 2 in hot asphalt concrete overlay prior to the occupancy of any
additional units. Areas to be widened shall have a minimum
structural section of 4 inch aggregate base and 2 inches of
asphalt concrete.
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PC RES0 #I815 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Plznning Commission of the city of Carlsbad, California, held on t
10th day of June, 1981, by the following vote, to wit:
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'ire Department:
4) A fire hydrant shall be provided at a location to be
the Fire Department.
.5) 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. I I
16) A street name shall be approved and posted for the private driveway and all lots shall be addressed on the approved. stree
AYES: Chairman Marcus, Commissioners Rombotis, Farrow,
Schlehuber, Jose, Friestedt, and L'Heureux.
NOES: . None.
.e
ABSENT: None.
ABSTAIN : None e
ATTEST:
PC RESO #1815
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* EXHIBIT B RkSOLUTION
NO.
PLANNING COMMISSION RESOLUTION NO. 1816
A RESOLUTION OF THE PLANNING COMMISSION‘ OF THE CITY
PLahTNED UNIT DEVELOPMENT TO CREATE 5 SINGLE FAMILY LOTS
AND THREE COMMOX LOTS ON PROPERTY GENERALLY LOCATED ON
THE’EAST SIDE OF HIGHLAHD DRIVE BETWEEN ELM AVENUE AND’
ELMWOOD DRIVE.
APPLICANT: SWAB
CASE NO: PUD-27
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
WHEREAS, a verified application for certain property, t-o wit:
That portion of Tract 121 accordi.ng to Map Mo. 1661 filed Marc
1, 1915
has been filed with the city of Carlsbad, 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 10th day of June,
1981, hold a duly noticed public hearing as prescribed by law to
consider said request; and
WKEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, 05 all persons desiring to be
heard, said Commission considered all factors relating to the
Planned Unit Development; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissi
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 PUD-27, based on the followi findings and subject to the following conditions:
Findings:
1) The proposed residentla1 development at the subject location is
desirable to provide a comprehensively and imaginatively
designed project which will contribute to the general well bein of the community, I -
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The proposed 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
improvements in this area.
As conditioned, all design criteria and development standards
the Planned Unit Development Ordinance are met by this project
The proposed project is consistent with all elements of the
General Plan.
The applicant. has agreed and is required by the inclusion of a 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.
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, 19810
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
Deve 1 opmen t Ord in an ce .
General Conditions :
1) Approval is granted for PUD-27, as shown on Exhibit(s) A and E
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 e
2) This project is approved upon iihe express condition tBat
building permits will not be issued for development of the
subject property unless the City Engineer determines that sew€
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 Cit Council Policy No. 17, dated August 29, 1979, on file with the
City Clerk and incorporated herein by reference, and accordinc
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 C2erk 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.
Approval of this .request shall not excuse compliance with a11 sections of the Zoning Ordinance and all other applicable tit) ordinances in effect at time of building permit issuance.
4)
PC RES0 #1816 . -2-
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5) A11 conditions of approvai of Resolution No. 1815, for CT 80-4 are hereby incorporated by reference and shall be complied wit
in their entirety.
Planning Conditions:
Prior $0 the issuance of building permits, the applicant,shall submit a final Planned Unit Development Plan, incorporating a1
changes required herein, for the approval of the Planning.
Director.
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 final map approval.
The applicant shall prepare a detailed. landscape and irrigatic
plan which shall be submitted to and approved by the Planning Director prior to the issuance. of building permits e
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds trash, and debris e
The'applicant shall install the recreation facilities on the
common recreation lot prior to final occupancy of the last uni
of this subdivisiono The recreation facilities must comply wi
the provisions of the Planned Unit Development Ordinance in effect at the time o€ final occupancy of the last unit.
The applicant shall screen the storage area with a view-
obscuring fence and landscaping. This fence and landscaping
shall be installed prior to issuance of a building permit on a
lot in this project.
,Engineering Conditions :
12) The developer shall'obtain a grading permit prior to the commencement 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.
14) The applicant shall widen the pavement af the private driveway
a minimum width of 14'. The driveway shall be widened prior t
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 RES0 #1816
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a II).
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, CommPssioners Rombotis, Farrow,
NOES: None.
Schlehuber, Josep Friestedt and L'Heureux,
ABSENT : None
ABSTAIN : None ,,
1 MARY TIUS, Chairman
CARLSg PLAXNING COMMISSION
ATTEST : V
PC RES0 11816 -4-