HomeMy WebLinkAbout1981-10-06; City Council; Resolution 66821
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RESOLUTION NO. 6682
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-29) AND
PLANNED UNIT DEVELOPMENT PERMIT (PUD-33) FOR
DEVELOPMENT OF 38 SINGLE-FAMILY HOMES ON
APPROXIMATELY 16.7 ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF ALFIL WAY, EAST OF ALICANTE
ROAD, AND RESCINDING EXISTING TENTATIVE SUBDIVISION MAP CT 75-6, DAON CORP,/LA COSTA LAND CO. (ALICANTE HILLS).
WHEREAS, on August 26, 1981, the Carlsbad Planning
Commission adopted Resolutions No. 1859 and No. 1860
recommending to the City Council approval of Tentative
Subdivision Map CT 81-29 and Planned Unit Development Permit PUD-
33 for development of 38 single-family homes on property
generally located on the north side of Alfil Way, east of
Alicante Road, more particularly described as:
A portion of reversion to acreage of Carlsbad Tract CT 72-25, according to map thereof No. 8266, filed in the Office of the County Recorder on February 26, 1976,
and
WHEREAS, the City Council of the City of Carlsbad held
a public hearing on September 15, 1981 to consider the
recommendations and hear all persons interested in or opposed to
Tentative Subdivision Map CT 81-29 and Planned Unit Development
Permit PUD-33; and
WHEREAS, said Tentative Subdivision Map and Planned
Unit 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;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, Calfironia, as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission in
Resolutions No. 1859 and No. 1860 constitute the findings of the
City Council in this matter.
3. That said Tentative Subdivision Map, together with
the provisions for its design and improvement, and subject to
the conditions of Resolution No. 1859, is consistent with all
applicable general and specific plans of the City of Carlsbad.
4. That Tentative Subdivision Map CT 81-29 and
Planned Unit Development Permit PUD-33 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. 1859 and No. 1860, marked
Exhibits A and B, attached hereto and made a part hereof.
5. That since the existing Tentative Subdivision Map
(CT 75-6) is superseded by this approval, CT 75-6 is hereby
rescinded.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council on the 6th day of October , 1981 by the
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following vote, to wit:
ATTEST :
AYES: Council Members Packard, CAsler, Anear, Lewis and Kulchin
NOES: None
d. L- RONALD C.//PACKARD, Mayor
MY H. cAsLF3R, Vice kyor
ALETHA L. RAUTENKRANZ, City Clerk \
(SEAL)
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PLANNING CONMISSION RESOLUTION NO. 1859
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO CREATE LOTS FOR
ON THE NORTH SIDE OF ALFIL WAY, EAST OF ALICANTE ROAD
APPLICANT:
38 SINGLE-FAMILY HOMES ON PROPERTY GENERALLY LOCATED
DAON CORPORATION/LA COSTA LAND CO .
(ALICANTE HILLS) CASE NO: CT 81-29
WHEREAS, a verified application for certain I property, to
wit:
A portion of reversion to acreage of Carlsbad Tract CT 72- 25, according to map thereof No. 8266, filed in the office
of the County Recorder on February 26, 1976.
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 26th day of *
August, 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 Commissj.on considered all factors relating to the
Tentative Subdivision Map; and
NOW, THEREFORE, BE IT HEREBY RESOLVED-by the Planning
Commission as follows:
(A), That the foregoing recitations are true and correct.
(B) That based on the evidence.presented at the public hearing, the Coinmission recommends APPROVAL of CT 81-29, based on the
following findings and subject to the following conditions:
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Findings
1) The project is consistent with the city's General Plan since
the proposed density of 2.27 du's/acre is within the density
range of 0-4 du's/acre specified for the site as indicated on
the Land Use Element of the General Plan.
2) 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 density pro-
posed.
3) The project is consistent with all city public facility pol- icies and ordinances since: t
a) The Planning Commission has, by inclusion of an appro- priate condition 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 build-
ing permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer
service remains available, the Planning Commission is satisfied that the requirements of the public facilities
element of the General Plan have been met insofar as they apply to sewer service for this project.
school facilities in the San Marcos School District.
The payment of park-in-lieu fees is required as a condi- tion of approval .
will be required as conditions oE approval.
_.a b) School fees will be paid to ensure the avai1abili;y of
c)
d) All necessary public improvements have been provided or
e) 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 thal public facilities will be available concurrent with need as required by the
General Plan.
f) Assurances have been given that adequate sewer for the
* project will be pr,ovided by the Leucadia County Water
District .
4) The proposed project is compatible with the surrounding
future land uses since surrounding properties are designated for residential development on, the General Plan. ///
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,5) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on July 30, 1981 and approved by the Planning Commission on August 26, 1981.
Conditions of Approval
General :
Approval is granted for CT 81-29, as shown on Exhibit A, dated August 4, 1981, incorporated by reference and on file in the Planning Department. Development shall occur sub- stantially as shown unless otherwise noted in these condi- tions,
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 avail- able to serve the subdivision.
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
sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final
map ,
This project is approved upon the express condition that th6 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 pay-
ment of said fee a, copy of that agreement dated June 25,
1981, is on file with the City Clerk and incorporated herein
by reference. If said fee is not paid as promised, this ap-
plication will hot be consistent with the General Plan and approval for this project shall he void,
The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The applicant shall provide school fees to mitigate condi- tions of overcrowding as part of building permit application.
These fees shall be based on the fee schedule in effect at
the time of building permit application.
Approval of this request sha1.1 not excuse compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issu- ance.
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Planning Department:
'8) 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.
Any signs proposed for this development shall be designed in
conformance with the city's Sign Ordinance and shall require review and approval of the Planning Department prior to in- stallation of such signs,
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10) The applicant shall submit a street name list consistent with
the city's street name policy subject to'zhe Planning Direc-
tor's approval prior to final map approvai.
months from the date of City Council approval unless a final
map is recorded. An extension may be requested by the appli- cant. Said extension shall be approved or denied at the dis- cretion of the City Council. In approving an extension, the
City Council may impose new conditions and may revise exist- ing conditions.
11) Approval of this tentative tract map shall expire eighteen
Engineering Department:
1.2) The developer shall obtain a grading permit prior to the com-
13) The grading for this project is defined as."controXled grad-
ing" by Section 11.06,170(a) of the Carlsbad Municipal Code.
Grading shall be performed undek the observation of a civil engineer whose responsibility it shall be to coordinate site
inspedtion and testing to insure compliance of the work with
the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter lI.06 of the
Carlsbad Municipal Code ,
mencement of any clearing or grading of the site.
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14) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties.
15) Prior to the issuance of a grading permit, fhe haul route shall be submitted for review and shall be approved by the
City Engineer. A separate grading plan shall be submitted
and approved and a separate grading permit issued for the 'borrow or disposal site if located within the city limits.
16) All slopes shall be no steeper than two horizontal to one vertical except for the existing slope along the north side
of the subdivision which shall require a soil stability re- port by a soils engineer.
17) Additional drainage eascrnents and drainage structures shall be provided or installed as may be required by the County
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Department of Sanitation and Flood Control or the City Engi-
neer.
18) All public street improvements along the subdivision front- ages shall be upgraded to city Standards including streets
trees, sidewalks (4 feet width minimum) wheelchair ramps or other improvements subject to the approval of the City
Engineer prior to the occupancy of any units.
and design requirements of the respective sewer and water
. agencies regarding services to the project,
23) The design of all private streets and drainage systems shall
, be approved by the City Engineer prior to approval of the final map. -The design of the private streets shall include sidewalk on one side and Type G curb and gutter, Rolled curb will not be permitted, The structural section of a11 private
streets shall conform to City of Carlsbad Standards based on
R-value tests, All private streets and drainage systems
shall be inspected .by the city and the standard improvement
plan check and inspection fees shall be paid prior to ap- proval of'the final map.
24) All-private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. bility shall be clearly stated in the CC&R*s.
25) All concrete terrace drains shall be maintained by the home- owner's association (if on commonly owned property) or the ind'iviciual property owner (if on an individually owned lot)
in perpetuity. identifying the responsibility shall be placed in the CC&R-
IS:
21) The developer shall comply with all the rules, regulations
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An appropriately worded statement clearly
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Fire Department:
26) Additional public and/or on-site fire hydrants shall be required at locations to be determined by the Fire
Department. I.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
anning Commission of the City of Carlsbad, California, held on
ie 26th day of August, 1981, by the following vote,'to wit:
AYES: Marcus, Rombotis, Farrow, Jose, Friestedt and L'Heureux
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0 0 EXHIBIT €3 TO CITY COUNCIL RESOLUTION NO.--
PLANNING COMMISSION RESOLUTION NO. 1860
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL
OF A PLANNED UNIT DEVELOPMENT FOR THE: DEVELOPMENT OF
38 SINGLE-FAMILY HOt4ES ON PROPERTY GENERALLY LOCATED
ON THE NORTH SIDE OF ALFIL WAY, EAST OF ALICANTE ROAD APPLICANT: DAON CORPORATION/LA COSTA LAND CO.
( ALI CANTE In LLS ) CASE NO: * PUD-33
WHEREAS, a verified application for certain property, to
wit: . I
A portion of reversion to acreage of Carlsbad Tract CT 72-25, according to map thereof No, 8266, filed in the office of the
County Recorder on February 26, 1976.
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 26th day of
August, 1981, hold a. duly noticed public hearing as prescribed by
law, to consider said request; and
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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
Planned Unit Development; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis-
sion as follows: L
(A) That the foregoing recitations are true and correct.
(R) That based on the evi.dence presented at the public hearing, the Coininission recommends APPROVAL of PUD-33, based on the
following findings and sub3cct to the following conditions:
Findings
1). The project is consistent with the city's General Plan since the proposed density of 2.27 du's/acre is within the density
range of 0-4 du's/acre specified for the site as indicated on
the Land Use Element of the GenePal Plan;
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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 density pro-
posed.
The project is consistent with all city public facility pol- icies and ordinances since:
The Planning Commission has, by inclusion of an appropri- ate condition to this project, insured that the project will not be approved unless the City Council finds that sewer service is available to serve the project. In add-
ition, the Planning Commission has added a condition that a note shall be placed on the fLnal plan that build- ing permits may not be issued for the project unless the
City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer
service remains available, the Planning Commission is satisfied that the requirements of the .public facilities
element of the General Plan have been met insofar as they apply to sewer service for this. project.
School: Eees will be paid to ensure the availability of school facilities in the San Flarcos School District,
The payment of park-in-lieu fees is required as a condi- tion of approval.
All necessary public improvements have been provided or will be required as conditions of appToval.
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.
Assurances have been given that adequate sewer for the
project will be provided by the Leucadia County Water District.
The proposed project 'is compatible with the surroundi,ng future land uses since surrounding properties are designated
for residential development on the General Plan.
.This project as conditioned will not cause any significant environmental impacts and a Negative Declaration has been
issued by the Planning Director on July 30, 1981 and approved by the Planning Commission on August 26, 1931.
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PC RES0 1860 -2-
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Conditions of Approval
General :
Approval is granted for PUD-33, as shown on Exhibits A, G, H,
I, J and K, dated August 4, 1981 and Exhibits B, C, D, E, F and L, dated July 9, 1981, incorporated by reference and on
file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these condi- tions.
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 sewer facilities are available at the time of application for
such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final plan.
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 pay-
ment of said fee a copy of that agreement dated June 25,
1981, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this ap-
plication 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 all
sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issu- ance ,
All conditions of approval of Planning Commission.Resolution
No. 1859, CT 81-29, are hereby incorporated by reference an6
shall be complied with in their entirety.
Planning Department:
6) The applicant shall prepare a reproducible mylar of the final
site plan incorporating the conditions contained herein.
Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits.
7) * The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said
CCE;R's shall be submitted to and approved hy the Planning
DepaKtmeilt prior to final map approval of CT 81-29.
8) The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the
Planning Director pr'ior to the issuance of building permits.
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PC RES0 1860 -3- 13
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All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in
conformance with the city's Sign Ordinance and shall require
review and approval of the Planning Department prior to in- stallation.of such signs.
11) If trash receptacle areas are to be placed on the site, these 'shall he enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Location of said receptacles
shall be approved by the Planning Director .
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Fire Department:
1'2) Submit two. (2) copies of a site plan showing lucations of
existing and proposed fire hydrants and on-site roads and drives
13) All fire alarm systems, fire hydrants, extinguishing
systems, automatic sprinklers and .other systems pertinent to the project shall be submitted to the Fire Department for
approval prior to construction.
14) An all weather access road shall be maintained throughout
construction. .*
-15) All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building inaterials being located on the project site.
16) All briveways shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building,
17) Fire retardant roofs shall be required on all structures.
18) All private driveways shall be kept clear of parked behicles at all times and 'shall have posted "NO Parking/Fire Lane/Tow Away Zone" pursuant to Section 17.04.040 of the Cwlsbad '
Municipal Code.
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d)
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 26th day of August, 1981, by the following vote, to wit:
AYES: Marcus, Rombotis, Farrow, Jose, Friestedt and L'Ileureux
NOES: None
-ABSENT: Schlehuber
' ABSTAIN: None
.* ATTEST :
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