HomeMy WebLinkAbout1980-08-19; City Council; Resolution 6271b
1
2
3
4
5
6
7
8
9
IC
11
l!
2(
2:
2;
2'
2,
2
2
2
2
6271 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 78-8(A)) FOR A 60-UNIT CONDOMINIUM
PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-45) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL, NORTH OF DOVE LANE. APPLICANT: MOLA DEVELOPmNT.
WHEREAS, on July 9, 1980 the Carlsbad Planning Commission
idopted Resolution No. 1663 recommending to the City Council
:hat Tentative Subdivision Map (CT 77-8(A)) and Condominium Permit
:CP-45) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
iugust 5, 1980, held a public hearing to consider the recommenda-
Zions of the Planning Commission and to receive all recommenda-
zionsand hear all persons interested in or opposed to Tentative
Xibdivision Map (CT 77-8 (A) ) and Condominium Permit (CP-45) ; and
WHEREAS, said Tentative Subdivision Map and Condominium
?ermit have been declared to have a nonsignificant impact on the
2nvironment and a Negative Declaration has been prepared and
Eiled in compliance with the requirements of the City of Carlsbad
Znvironmental Protection Ordinance of 1972;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Zity 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. 1663 constitute the findings of the City Council
in this matter.
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
3pplicable general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 77-8(A)) and
Condominium Permit (CP-45) are hereby approved subject to all
applicable requirements of the Carlsbad Municipal Code and to the
atisfaction of the conditions contained in Planning Commission
:esolution No. 1663, dated July 9, 1980, marked Exhibit A,
ittached hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
:ouncil of the City of Carlsbad, California, on the19th day of
August , 1980 by the following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES : None
ABSENT: None /--) 4 L>Z& 4
‘ RONALD C. PACKARD, Mayor
ATTEST :
(SEAL)
-2-
-. __*.
1
2
3
4
5
6
7
€3
9
10
11
12
13
14
15
16
37
18
39
20
21
22
23
24
25
26
27
28
EXHIBIT 90 CI'TY COUNCIL
FS3SOLUTIO NO. 6271
PLANNING COMMISSION RESOLUTION NO. 1663
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE
OF EL CAMINO REAL, NORTH OF DOVE LANE. APPLICANT: MOLA DEVELOPMENT CASE NO: CT 77-8 (A)/CP-45
APPROVAL FOR A 60 *UNIT CONDOMINIUM DEVELOPMENT
WHEREAS, a verified application for certain property to wit:
A portion of the west half of the northeast quarter of
Section 26, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, .
State of California
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application consiitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 9th day of July,
1980, hold a duly noticed public hearing as prescribed by law to
consic-sr 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
Tentative Tract Map and Condominium Permit.
I
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
I Commission 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 CT 77-8(A)/CP-45, based on the following findings and subject to the following
conditions:
Findings -
1) The project is consistent with the city's current general
plan since it is within the density range specified for the
site as indicated on the Land Use Element of the General Plan.
1
2
-3
4
5
6
7
E
9
1c
. 11
12
12
14
- . If
lt
1';
1t
1I
2(
21
2:
2:
21
21
2t
2:
2t
The site is physically suitable for the type and density of the development since the site is adequate in size ana shape to accornmodate residential development at the density and
still meet all the requirements of the condominium ordi'nance.
The project is consistent with a11 city public facility policies and ordinances since:
a)
b.
C.
d.
e.
E.
The
The applicant has received 60 edu's from the Leucadia
County Water District.
The Planning Commission has, by inclusion of an appro- priate condition to this Condominium Permit and
tentative subdivision map, 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 condi- tion that a note shall be placed on the final map that
building permits may not be issued for the condominium project unless the City Engineer determines that sewer
service is available. Since the final map cannot be approved unless 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 sewez service for this Condominium Permit and tentative map approval.
School facilities will be provided by the Carlsbad Unified School District.
%
Park-in-lieu fees are 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 inclusior
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 publici facilities will be available concurrent with need as required by the General Plan.
proposed project is compatible with surrounaing land uses
since the property to the north has been developed as apart- ments and the property to the south has been developed for commercial purposes.
Conditions
1) Approval is granted for CT 77-8(A)/CP-45 as s'iiown on Exhibit
and "E"', dated May 5, 1980, incorporated by reference and
"A", dated June 25, 1980, and Exhibits "B", "C" I ''C 1t13't I
PC RES0 #1663 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
* 15
IS
17
le
3.9
2c
21
22
2:
24
85
26
27
28
0 0
file in the Planning Department.
substantially as shown unless otherwise noted in these Development s,,al, occur
. conditions. '
This project is approved upon the express condition that
building permits will not be issued for developments 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
at the time of application for such sewer permits and will continue to be available until.time of occupancy.
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 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 reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated May 8,
1980, is on file with the City Clrk and is incorporated herein by reference.
this application will not be consistent with the General Plan and approval for this project shall be void.
';he applicant shall prepare a reproducible mylar of the final condominium site plan incorporating the conditions
contained herein. Said site plan shall be submitted to
and approved by the Planning Department prior to the issuance of building permits.
If said fee is not paid as promised,
The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the
Planning Department prior to final map approval.
The applicant shall establish a homeowner's association and
corresponding covenants,,conditions and restrictians, Said CC&R's shall be submitted to and approved by the Planning Department prior to final map approval.
Prior to recording of the final map the applicant shall
submit a letter from the Leucadia Water District stating that Sufficient water will be available for this project
at the time development occurs,
The applicant shall install street trees to city specifica- tions at 40 foot intervals along all public street frontages
prior to final occupancy of any building, said trees shall be subject to the approval of the Parks and Recreation Department.
The variety of
RES0 #1663 -3-
1
2
3
4
5
6
7
8
9
ZC
11
3.2
. 12
14
15
3.E
17
I€
IS
2c
. 23
22
2:
2'
2!
2t
2:
21
e
The applicant shall pay park-in-lieu fees to the city,
prior to the approval of the final map as per Chapter - 20.44 of the city's subdivision regulations.
The applicant shall provide school fees to mitigate condi-
tions of overcrowding as part of building permit applica- tion. These fees shall be based on the fee schedule in effect at the time of building permit application.
Any,signs proposed for 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.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
Trash receptacle areas shall be enclosed by a 6 foot high
masonry wall with gates pursuant to city standards. of said receptacles shall be approved by the Planning
Department.
All roof appurtenances, including air conditioners, shall
be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Department.
Arproval 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.
Location
The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading permit prior to issuance of building permits.
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 speciifications. All exposed slopes shall be hydromulched or otherwise stabilized prior to the issuance of building permits subject to the approvai of the City Engineer.
Drainage improvements shall be constructed in accordance
with an approved plan, and the work shall be coordinated with the overall plan for grading to the satisfaction of the City Engineer.
All units shall be provided with a minimum of 480 cubic feet of storage. be conveniently accessible to the outdoors and shall be approved by the Planning Director prior to the approval of the final map.
This storage shall be located so as to
PC RES0 #1663
-4-
I*
a
2
3
4
5
E
.'i
I
I
I(
I1
1:
1:
11
* I!
11
1'
1
3.
2
2
2
2
2
2
2
2
:1)
12).
!3)
!4)
!5)
26)
27)
28)
29 1
30 1
31)
32 j
33)
34)
0 0
All units shall provde space for laundry facilities to accommodate a washer and dryer.
The proposed future driveway and parking spaces along the
northern edge of the project as shown on Exhibit 'A' is
specifically not approved as part of this project.
The final map for this project shall be filed and recorded per the Subdivision Map Act and the City of Carlsbad Subdivision Ordinance.
An all weather access road shall be maintained throughout
construction as required by the Fire Marshall.
Water for fire protection to be in before combustibles are on building site as required by Fire Marshall.
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 Marshall.
Fire retardent roofs shall be required on all structures
subject to the approval of the Fire Marshall.
Brush clearance shall be maintained within a minimum
distance of 30 feet to each residence.
El Camino Real shall be dedicated on the basis of a 126 foot wide right-of-way at the time of the final map.
A11 remaining street improvements on El Camino Real and Dove Lane including but not limited to sidewalks shall be
constructed to city standards prior to the occupancy of any units. as approved by the Parks and Recreation Director.
The private street shall be constructed with a structural
section in accordance with city standards based on R-value , tests .
Access rights shall be relinquished and waived alarlg the
subdivision frontage-abutting El Camino Real.
Approval of CT 77-8 shall be null and void upon final
map recordation of this project.
Prior to recordation of the final map the applicant shall submit to the city written verification from the Costa
Real Water District that all of the requirements and conditions of the Costa Real Water District have been met.
The median in El Camino Real shall be landscaped
////
/I//
////
PC RES0 #I663 -5-
.c
t.
1
2
3
4 .
F: v
r 1
E
I
I(
11
1:
1:
3.1
-1
* I!
3
I.'
' 11
1'
2
.2
2
2
2
2
2
2
2
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Ilanning Commission of the City of Carlsbad, California, held
In the 9th day of July, 1980, by the following vote, to wit:
AYES: Schick, Larson, Friestedt, Marcus, Leeds, Rombotis,
and Jose
. NOES: None
. ABSENT: None
ABSENT: None
ITTEST:
CARLSBAD PLANNING C PD'IISSION t
PC RES0 H1663