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Home My WebLink About1979-10-02; City Council; Resolution 59511 2 3 4 5 6 7 8 9 10 11 12 0 a 19 2c 21 2% 22 24 25 26 27 28 RESOLUTION NO. 5951 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 79-7) FOR A 39-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM FERMIT (CP-10) FOR SAID PROJECT ON APPROXIMATELY 2.70 ACRES, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF EL FUERTE AND SANTA ISABEL STREETS IN LA COSTA. APPLICANT: HARRY FRIES. WHEREAS, on September 12, 1979, the Carlsbad Planning Commission adopted Resolution No. 1544 recommending to the City Council that Tentative Map (CT 79-7) and Condominium ,Permit (CP-10) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on September 18, 1979 held a public hearing to consider the recommendations of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 79-7) and Condominium Permit (CP-10) ; and WHEREAS, said Tentative Subdivision Map and Condominium 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, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolution No. 1544 constitute the findings of the City Council with the exception of Finding (3)(g) which has been revised as follows: I 2 3 4 5 6 7 8 9 10 11 "(3) (9) At this time, the City Council is not prepared to find that all other public facilities necessary to serve this project will be available concurrent with need, The City Council has, by inclusion of an appropriate condition, required that the project contribute to the costs of such facilities. Since the development will pay its proportionate share of the public facilities which it will require, the City Council is satisfied that the requirements of the public facilities element of the general plan have been satisfied." C. That said Tentative Subdivision Map, together with the provisions for its design and improvement and subject to the conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 79-7) and Condominium Permit (CP-10) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to satisfaction of the following conditions: Approval is granted for the portion of land described in the application, CT 79-7/CP-10, and all attachments thereto; and development shall be performed substantially as shown on CT 79-7/CP-10, Exhibit A, B, C-1, C-2, D-1 and D-2, dated August 2, 1979, on file in the Planning Department and incorporated by reference herein, except for modifications required herein. The applicant shall comply with all rules and regulations of the San Marcos County Water District regarding water service to the condominium project. Should extensions to the existing public water system be deemed appropriate by the San Marcos County Water District, the developer will be required to provide the complete system. The applicant shall prepare a reproducible copy of the final condominium site plan incorporating all require- ments of the condominium permit approval, and shall be subject to the approval of the Planning Director. The applicant will provide school fees to mitigate conditions of overcrowding as part of building permit applications. These fees shall be based on the fee schedule in effect at the time of building permit. The applicant shall submit, prior to final map approval, a detailed landscape and irrigation plan for the approval of the Planning Director. Said plan shall utilize, to the maximum extent feasible, drought tolerant plant species and water conservation features. -2- 1 2 3 4 5 6 7 8 9 10 11 12 0 19 2c 21 22 22 24 25 26 27 2E The landscape and irrigation system shall be installed immediately upon completion of grading and, if necessary, temporary water connections shall be made prior to the installation of the required subdivision improvements. This subdivision and condominium plan 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 subdivision condominium plan is approved upon the express condition that building or grading permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy. that sewer facilities are not available, building permits will not be issued. If the City Engineer determines A water system and fire hydrants shall be provided by the applicant subject to the approval of the Fire Marshal. In order to provide for fire protection during the con- struction period, the applicant shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "NO Parking/ Fire Access Lane." Street trees of a variety approved by the Parks and Recreation Department shall be installed to City specificatior at 40 foot intervals along all public street frontages. Prior to the issuance of building permits, the applicant shall establish covenants, conditions and restrictions for the condominium development which prohibits the erection or construction of any fence or barrier within the development between and/or around the individual dwelling units, except that a fence may be allowed which encloses only the patio area adjacent to each unit. Said CC&R'S shall be subject to the review and approval of the Planning Director. The developer shall install standard city street lights along all public street frontages to the satisfaction of the City Engineer prior to occupancy of any units. The developer must receive the approval of the City Engineer for the improvement plans, enter into the -3- I 1 2 3 4 5 6 7 E s IC 11 appropriate improvement agreement, post the required security for the construction of public improvements and pay the appurtenant fees prior to the recordation of the final map. The developer shall receive the approval of the City Engineer for a site grading plan prior to any construction being performed within the project site. Grading shall occur in accordance with an approved grading and erosion control plan, City standards, and an approved soils and geologic investigation report (which shall include slope stability calculations and construction specifications). All exposed slopes shall be hydromulched or otherwise stabilized prior to the issuance of building permits. Drainage improvements shall be constructed in accordance with an approved plan, and the work shall be coordinated with the overall plan for grading and erosion control. All facilities shall be maintained by the property owner in perpetuity. This condition excludes all drainage easements granted to the City of Carlsbad. All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the subdivision ordinance, and other City standards approved by the City Engineer, without cost to the City of Carlsbad, and free of all liens and encumbrances. All improvement plans for water and sewer service shall meet the requirements of the respective service districts. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control and/or the City Engineer. All land and/or easements required by this subdivision shall be granted to the City, without cost to the City, and free of all liens and encumbrances. At the time of filing for final map, the applicant shall provide a list of at least three street names for each proposed street, subject to the approval of the Planning Director. These names shall conform to the current City Council policy regarding names for this region of the City. Immediately upon the completion of grading, all slopes in excess of 10 feet in vertical height shall be stabilized by hydroseeding, mulching and fertilization. The seed mix shall be designed by an expert in the field based on a soil analysis of the slopes taken at a -4- 1 2 3 4 5 d 7 E s IC 11 l! 2( 2: 2, 2 2 2 2 2' 2( 23) maximum interval of 500 feet, and shall be approved by the Parks and Recreation Director. The seed mix shall be designed so as to include the maximum number of indigenous species as feasible without reducing the effectiveness of the erosion protection. The mulch shall be applied at not less than 2,000 lbs/acre., and the fertilizer at not less than 1,000 lbs/acre., or acceptable alternative. The applicant shall pay a public facility fee as established in City Council Policy No. 17. Payment of the fee shall be guaranteed 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, held on the 2nd day of October , 1979 by the following vote, to wit : AYES : Counci NOES : None ABSENT : Counci ABSTAIN: Counci men Anear, Lewis and Councilwoman Casler ATTEST : ALETHA L. RAUTENKaNZ, City Clerk ( SEAL 1 -5-