Loading...
HomeMy WebLinkAbout1981-12-15; City Council; Resolution 67461 2 6 7 a 9 10 2.1 12 0 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6746 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION Map (CT 81- 13) AND PLANNED UNIT DEVELOPMENT PERMIT (PUD- 25) FOR A 3-UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON PROPERTY GENERALLY LOCATED IMMEDIATELY EAST OF SKYLINE DRIVE AND NORTH OF TAMARACK AVENUE (EXTENDED). APPLICANT: SCHWAB/SUNSET PACIFIC. WHEREAS, on October 14, 1981, the Carlsbad Planning Commission adopted Resolutions No. 1873 and No. 1874 recommending to the City Council approval of Tentative Subdivision Map CT 81-13 and Planned Unit Development Permit PUD- 25 for construction of a 3-unit single family residential development on property generally located immediately east of Skyline Drive and North of Tamarack Avenue (extended), more particularly described as: That portion of Lot 18 of Carlsbad Highlands, Map 2647 and Lot 1 of Map 833 and Lot 48 of Carlsbad Tract 76- 15, filed November 16, 1896, and WHEREAS, the City Council of the City of Carlsbad held a public hearing on December 1, 1981 to consider the recommendations and hear all persons interested in or opposed to Tentative Subdivision Map CT 81-13 and Planned Unit Development Permit PUD-25; 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; I i 7 4 5 E 7 E s 1c 11 12 0 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission in Resolutions No. 1873 and No. 1874 constitute the findings of the City Council in this matter. 3. That said Tentative Subdivision Map, together with the providions for its design and improvement, and subject to the conditions of Resolutions No. 1873 and No. 1874, is consistent with all applicable general and specific plans of the City of Carlsbad. 4. That Tentative Subdivision Map CT 81-13 and Planned Unit Development PUD-25 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. 1873 and No. 1874, marked Exhibits A and B, attached hereto and made a part hereof, and subject to the following additional condition: "The retaining wall required pursuant to condition No. 12 shall be a cribwall acceptable to the Planning Director and City Engineer. Landscaping and an irrigation system shall be installed by the applicant on the cribwall subject to the approval of the Parks and Recreation Department. The landscaping and irrigation system shall be maintained by the City of Carlsbad. Detailed plans for the design of the wall and landscaping shall be approved prior to issuance of building permits for any of the lots in this project." PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the /// /// 2. 3 . 1 1 1 1 1 1 1 1' li I! 2( 21 2: 22 24 25 26 27 28 .15th day of Decder , 1981 by the following vote, to wit: AYES: NOES: None ABSENT: None Council Wers Packard, Casler, hear, his and Kulchin -'=RONALD C. PACKARD, Mayor ATTEST : ALETHA % L. RAUTENKRANZ, 1 QfiAAA- Clty Cleqk (SEAL) 3. .I i ? 4 F E s .. u 3.2 12 14 1E 11 . le .. 3.9 20 21 22 23 24 25 26 a7 28 .. (0- '. .. * PLANNING COMMISSION RESOLUTION NO. 1873 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 3 LOT TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED IMMEDIATELY EAST OF SKYLINE DRIVE AND NORTH OF TAMARACK AVENUE (EXTENDED). APPLICANT: SCHWAB/SUNSET PACIFIC . WHEREAS, a verified application for certain property CASE-NO: --.-CT-81-13-------.------.-----.--.-...-.-. - to, wit: . That portion of Lot 18 of Carlsbad Highlands, Map 2647 and Lot One of Map 833 and Lot 48 of Carlsbad Tract 76- 15, filed November 16, 1896. 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 Cqlsbad Municipal Code; and . l* ?!EIEREAS, the Planning Ceiaission did, on the :4LL day >I of October, 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 anyl of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, RE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. €3) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 81-13, based on the following findings and subEcothe following conditions: //// .1 2 3 4 5 6 I 8 9 lo' 11 12 13 14 15 16 11 19 20 22 22 23 24 25 26 27 28 Find i'ng s : //// The project is consistent with the city's General Plan since the proposed density of 1.74 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. 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: 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. hf School facilities will be provided by the Carlsbad School --District per letter of agreement dated May 1, 1981. The payment of park-in-lieu fees is 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. Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. //// PC RES0 #lf;73 -2- . *I 1 '. 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 39 20 21 22 23 24 25 26 27 28 5 This project wi,, not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 1, 1981 and approved by the Planning Commission on October 14, 1981. Conditions : General Approval is granted for CT 81-13, as shown on Exhibit "AI1' r dated Stptember 25, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions e 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 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 the applicant shall pay a public Eacilities fee as requiid 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 May 7, 1981, is on file 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. . 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, Approval of this request shall not excuse compliance with all sections of the Zonjng Ordinance and all other applicable city ordinances in effect at time of building permit issuance. Approval of this Tentative Tract Map shall expire eighteen months from the date of City Council. approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions. -3- //// PC RES0 #1873., . 10," 1 2 3 4 5 6 8 9 10 .- 11 13 14 15 -16 17 it9 20 22 22 23 24 25 26 27 28 Engineering The developer shall obtain a grading permit prior to the commencement of any clearing or. grading of the site. The grading for this project is defined as "controlled grading" by Section 11.06.170 ( a) of the Carlsbad Municipal Code. Grading shall be performed under.the observation of civil enqineer whose responsibility it shall be to a coordinate site inspection and 4 testing to insure complianc of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. The owner shall relinquish direct access rights to Tamarack Avenue from lots 1, 2 and 3. The applicant shall enter into a future public improvement contract for the improvement of Skyline Drive along the . frontage of Lot 1. The Tamarack Avenue right-of-way shall be dedicated on the final map as it is shown on the tentative map. The subdivider shall construct the full width improvement of Tamarack Avenue based on a 52 foot curb to curb width including sidewalks, retaining walls , street trees, landscaping and irrigation as required by the City Engineer. Drainage down the driveway serving Lot 1 shall be conducted to the street via a sidewalk under drain as approved by the City Engineer. .. All exposed slopes shall be hydroseeded or otherwise stabilized immediately upon completion of grading activities to the satisfaction of the City Engineer. High Ridge Avenue shall be dedicated prior to final map approval based on a right-of-way width of 42 feet. High Ridge Avenue shall be improved based on a right-of-way width of 42 feet prior to occupancy of any new buildings. The developer shall pay the current local drainage area fee prior to approval of the final map. Fire Department 18) The applicant shall install a fire hydrant capable of delivering a miniinum of 1250 G.P.M. at 20 P.S.1 residual prcssure at the southwest corner of High Ridge Avenue and East Poiiite Avenue. con junction with street improveinents or prior to combustibJ-e building materials being located on-site, whichcver occurs first. Said hydrant shall be installed in PC RES0 111873 -4- ,*A 'r' .1 c K4 3.5 16. 17 18 39 20 21 22 23 24 25 26 27 28 -- * . e. .. . w A' PC RES0 #1873 -5- b' f' 1 2 3 4 5 6 7 E s ZC 11 12 12 JL 1: *' lt 3.: . It I! 2( 2: 2; 2; 21 28 . 21 2' 21 .. 0 PLANNING COMMISSION RESOLUTION NO. 1874 .. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSRAD I CALIFORNIA, RECOWMENDING APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR A 3 UNIT SINGLE FAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED IMMEDIATELY EAST OF SKYLINE DRIVE AND NORTH OF TAMARACK AVENUE (EXTENDED). APPLICANT: SCHWAB/SUNSET PACIFIC , . CASE-NO:.---PUD-25--- __-..-_______.... ..._ .' WHEREAS, a verified application for certain property, to wit: That portion of Lot 18 of Carlsbad Highlands, Map 2647 and Lot one of Map 833 and Lot 48 of Carlsbad Tract 76- 15, filed November 16, 1896 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 Car-lsbad Municipal Code; and - XIEREAS, the Plarining Cornmission did, on the 14th day " of October, 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 Commission considered all factors relating to the Planned Unit Development; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. 13) That based on the evidence presented at .the public hearing, the Commission recommends APPROVAL of PULI-25, based on the following findings and subject to the EoXlowing conditions: //// //// I 4 .. a 3 4 5 .. 6 7 8 9 3.0 11 a2 13 14 15 3.6 .. 19 2c 21 2% 22 24 25 26 27 28 ,- (\ (I) -0 . . Find ing s : .' The proposed project will not be detrimental to the persons residing in the vicinity or injurious to property or improvements because the property will be developed as a single family subdivision and will be compatible with surrounding uses . The project is consistent with the city's General Plan since the proposed density of 1.74 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. -0 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 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 -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 will be provided by the Carlsbad School District per letter of agreement dated May I, 1981. r: ,""y' c- Engineer determincc that sewer service is avdzilable, The payment of park-in-lieu fees is required as a condition oE 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. Pergormance 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 projeck will be provided by the city of Carlsbad. -2- //// PC RESO it1874 14 3.5 16 3.7 18 19 20 21 22 23 24 25 26 27 28 5) This project will'not cause any'significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 1, 1981 and approved by the Planning Commission on October 14, 1981. Cond it ions : Gener a1 - I Approva' is granted for PUD-25, as shown on Exhibit "A" dated September 25,- 1981, incorporated by reference and on file in the Planning Department, substantially as shown unless otherwise noted in these conditions e 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 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. Development shall occur This project is approved upon the express condition that the applicant shall pay a public Facilities fee as require? 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 May 7, 1981, is on file 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. This project shall conform to all R-1 zoning standards. All conditions of approval of Resolutj-on No. 1873, for CT 81- 13 are applicable to this Planned Unit Development, incorporated herein, and shall be strictly adhered to. //// //// //// //I/ //I/ PC RES0 ti1874 -3- .. . 8 d ( I I 1 I( 1: 1: 1: 2 le as LE 1E 2c 23 2'2 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 the 14th day of October, 1981, by the following vote, to wit: AYES: NOES : None. <I ABSENT: Commissioner Rombotis, ABSTAIN : None , Chairman Marcus, Commissioners Farrow, Schlehuber, Jose, Friestedt and L'Heureux. ATTEST: COMMI S S I ON Y .. _. 'C RES0 #1874 -4-