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HomeMy WebLinkAbout1980-08-19; City Council; Resolution 627319 20 21 22 23 24 25 26 27 28 8 RESOLUTION NO, 6273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-25) FOR A 350-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-104) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF ALGA ROAD EXTENDED, EAST OF EL FUERTE AVENUE. APPLICANT: ANDEN GROUP. WHEREAS on July 9, 1980 the Carlsbad Planning Commission adopted Resolution No. 1666 recommending to the City Council that Tentative Subdivision Map (CT 80-25) and Condominium Permit (CP-104) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on August 5, 1980, held a public hearing to consider the recommenda- tions of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-25) and Condominium Permit (CP-104) ; 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, California as follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolution No. 1666 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 1 2 3 4 5 6 7 E S 1c 11 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 80-25) and Condominium Permit (CP-104) 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 No. 1666, dated July 9, 1980, marked Exhibit A, attached hereto and made a part hereof, and subject to the following additional condition which has been added to Resolution No. 1666. "20 (A) Developer shall comply with all the terms and conditions contained in the letter from Michael C. Roston to Daniel J. Kolasa, dated July 31, 1980, marked Exhibit A, attached hereto and made a part hereof. I' PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 19th day of Awust , 1980 by the following vote, to wit: AYES: Counci 1 Members Packard, Cas1 er , Anear, Lewis and Kul chi n ATTEST: (SEAL) -2- @I' A TO CITY COUNCIL EXHI RESOLUTION NO. 6273 I? parcel of land. being a portion on the so~th 4mIf of. Sect!~on 13, Township 12 South, Range 3 West, Couiii-.;~ of- Sa.= Diego, State cf California Pianning ComTisSion; and consider said request; anG !bSREIlZAS at said public hesring , upon hec?ri.ng aizd considering all testirnouy and zrgumcnts, if znyI of all persons desi.i:i.ncj to Ir;z heard said Cormnission considered al.1 factors reiatling -to, the -+ Coimxission as follows : A) That. the above reci .ta-t-.ions are true and correct The site is physically suitable in size and sh~pe for the pro po s ed dens i t y o f d eve lopmen t s i il c e s u f .f i c i en t pub 1. i. CJ improvements and a.dequate amenities necessary to serve a:l..1 lots are provided wi’chout thz need. for excessive modification to the zite. The project w:il1 not cause any significant adverse envLron.-- mental. inpacts and- the Planning Dli:rect.or has issued a Conditi.ona1 Negative Declaration (Log Eo. 71.4 I dated July 2, 1..38@) . The project meets all public heaJth problems and as sxch wi-11- not be injurious to the public@s health or wzlfare, The pro jcct is consistent with all City PubJ-ic Facility PoI.i-cies and Orciinances since : Assurances have been given that: adequate sev7er for the project will be provided by -the Sail Narcos Co-m~y- Vatex District, The Planni.ng Commission finds that sewer service is r:i.c?t available fox -Lhis development as of th.e date of <:Ii%s approval (I Ijciwever I sewer service may he available in the fu’cure. The Pl;ilIl1i.l-ig Ccnn!Lssion has by incl\cisj-on of an appropriate cond.it,ion to this CondomiRitm Permit insured that the project will .not be approved umiess the City Council- finds t3-mt sewer service is avaS lztbic to serve the prozject.. Since the project canno-i; Se approved and. buildj-ng permits cannot he issued un2.c~~ sewer service remains availabl-e the P1arinin.g Commission is sakisfid that -the requircmeiits of the PLibLiC Facilities E1emen.t of the General Plan have been met. insofar as they apply to sewer service for this projeck, All necessary public jmprovements will either be pro<:ide: or required as condi.tior-rs of approval ‘t The applicant has agreed arid is i-egu.ired by -th.c j-nclusio! of an appropriate condition to pay a public facilities fee, Performance o’f that contract and payment 02 the fee will enable this body to find that all other public facilities wi.ll be ava.ilahle concurrent with need as required by the General Plan, School fees will be provided at the time of buil.ding permits to mitigate the iixpact of this project on affected school districts. Pairk dedica-tion is required and has becn placed as a condition of approval. If1GGG 23 2% 23 24 25 26 27 28 Approval is granted for CT 80-25/CP--109, as shor.m on Exhibit(s) A and R, dated 6/30/80, ,and Exhibits C, D, E, and €7, dated 6/29/80,, i.ncorporated by reference and on file i.n the Plannin.cj Department substanti.al1y as shcwil unless otherwise note6 in these conditions Development shall occur This project is approved upon the express con.dj..ti.on that building permits will not he issued, for developments of -the suhj ect property unless the City Engineer c?e.kerxniries that sewer facilities are avail.able at the tirue of a.pplication for such sewer permits and will continue t-o be available ulitil 'time of occupancy e This pr0je.c-k is apprcved upon the express cond..i.tion tha.k the final map shall nct be approved ulnlcss the City Council finds as of the time of such approvci khat sewer service j-s available to serve the subdivision This project is approved upon the express conditicjn that the applicant shall pay a public facilities ?G?C as required by City Council Policy No. 17, dated ,%ug:.:s-L 29, 1979, 02 fil-e with the Ci'iy Clerk and incorporatcd herein by reference p' and according to the agreement executed by the applicant for p,ayn?ent of said fee c? copy of that agreement dated April 24, 1.980, is -on file with the City Clerk and is incorporated- herein by reference. If said fee is not paid as promised, tSL.5-s application will not be consistent with the General Plan and approval for this i3rojec.t shall be void. The applicant shall prepare a reproducible mylar of the 'final eond.ominium site plan inccrporating the conditions contailzed. herein e Said site p1.m shall be submitted. to and. approved. by th.e Planning Department prior to the issuance of building permits, "1.1 e applicant shall prepare a detaiJ..ed landscape and irriga.tion pl.an which shall 3x su!mitted to' tlild ap:?roved by the Planning Department prior to final. )nap approval. of each phase \ I The appl-icant shall establish a homeowner ' s association and corrcsponding coven.r.tntc conditions and restrictions Said CC&JI.'s shall be sub;n:ittc:d to and approved by the Plaiining Department prior to final map approval .) The applicant shal..l iiistcd..:i- strcct trees Lo city spcc- - i ficatioiis a.k 40 foot inter.v;:ls along all puhlic street f ron.tayes prior to :Ein.al occupancy cif any building unless otherwise appro+ved by the Pl.anning Director e The vari.e"iy of said .trees shall be subject -Lo the approval of the Planning Director Land shal.1 be dedica.ted for pax?< purposes pursuant to Section 21 44 amd the .exis-ki;g parks agreement bet.ween the City of Carlsbad and the La Costa Laic3 Cornpany dated January 3, 1978. This requirement ray be satisfied by existlng park credits heid by the La Cos'ca Land Ccmpany. The a-pplicant shall submit a street name list consistent with the city's street naming pol.Fq subject to the Planning Director s approval prior to f ha]. map approval. ,, The apS1lcm.t shall providc school fees to ixitigate conditions of overcrowding as part of huil.ding p~rixit applicati.on, 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. CEI~~~CI~IIIZ~T~C~ with the City's Sign 0:cdinance an6 slial.1. require revf.ew and approval by the I?la?rzing Department prior to installation of :;u.ch signs. A 1;'las'cer Pla~ of the exis-binq 012 site pl.an%s shall. be provided to the Planning Department as park of the final gradihcj p1.a.n to determine which trees sha.1-1 be retained ..- ApprsvaE of this request shall not ex.cuse comp?..iance with all. sections of the Zoning Ordinance and other applic~hle city ordinances in Effect at time of buildhg pexmit i,, c- ~ua.nce Lot 3.2 of Phase I is apFroved for 12 units orilp, The extra com"n area designated by sliacliiig shall not be barred fsroin future developni6n'c at the time sewer becomes availzble if the developer secures all. necessary permiLs arid approval-s . Tbe skmdards of the RG-?I zone recjardiiacj pcrmi.tted uses I conditional uses buildiilc; height p1accaucn-t of bui Idings and yard requirements sha1.i apply %o the subj ect property unless ot.heuw.isc statea herein or shown otherwise oxi, all approved exhih:L'cs. . All s:Lopes greater than IOp in heright shall- be hxigated and pl.anted with native sl.ii:ubs cmd. trees at the cuinu1.a.tive rate of l plant for every 225 sqt?are feek. All othex slopes shall bs irrigated and planted v~i'~11 ground cover pcr requirements c/f the Parks and Recrcat<.on Director All conditions of SDP 50-7 are incorporated herein by reference and. shall be strictly complied wi.kli as 'prt. of this approval 21 22 23) 24) 25) c 1- e a.r i p, g o p er at ion s s ha 1.1 1 Q c cur cm. 1 y immed i at e 1.y pr i C: r to grading activities. e 7111 disturbed slopes shall. be ixmediatelgr hydroseeZed or otherwise stablized for erosion contrcl imiediately upon completion of grading activities Energy conservation measures as stipulated in EIn-307 shzll be included in this project to the maximum extent feasible. The a.pplicant shall mitigate the impacts crn archaeological site SDM-W-915 by a controlled sample cxcavatiqn program through a two phased program as outlined in the suppl-eine~.ta.Z environ,meil,t-.aI irnpac-t: report I dated 4 /2 3/8 0 e Said program sha.l_?- be detailed in a written report .to be subn\i.t;ted. to and a.pprove(? by the Plann.ing Director prior -to the issuance of c;rac?ing permits for the proprty, The two rare pkmt speej.es rioted in the supple!nen"cal. Envi roilmen ta 1. Impact Report (Mesa Clubmo s s and Ado 1.ph i a 1 shall be pucserved whenever possible and indicated on the detailed landscape and irrigation plaii for the project required by CT 80-25/CP-104, //// //// //// //// ///I e 0 '0 7) The parcel. map covering this site (E-4x9) shall. be recorded pri.or to the approvai of the final map for this subdivision, A report of a geotechnical. investigatj-on amd a grading plan of the site shall be submitted by the applicant to the City Ecyj-neer for approval prior to the issumnce of a grading permit, a geologist licensed by the State of California and. experience( in erosion control and slope. stnbi3-i.ty Recomlnendations made in the report shall be included on the grading plans, The yradi.ng for t17i.s project shall be designated a.s coi?troll-ed grading A civil engineer and geclogist shall observe the grading an@. coordinate the testing. condi.tions are observed to be different than expected. they shall recoinmezd appropriate remedial measures or changes tu the p?.ans, At th.e con.clusion of gradin.9 they shall przpa-re an "as-graded" plan showing th.e grading as performed a.nd the existing geoloc_ic conditions and they shall certify the adequacy of the site for development prior tc t.hc issuancc of hui1din.g- permits e to 1 verti.caZ xnless a report of a geotzchnical investigation prepared by 2 ci.vi-1. engineer d&i.nonstrates that the slope s-%a-bi!ci.ty and erosiosl resistance of a steeper slope a.re adequate anti it is approved hy the City Engineer. are peirmitted within. public s-trcet right-of-way To mitigate erosion seeded or planted incmdiately apon completion of gradj.ng act.f7,v.i.tj.esG the field based on a. soiLanalysis of the slop'eh per approvd- of the )?arks and Recreation Director e No grading TLI~~ he performed during the period of October 1 to April- 15 desilting basins E etc, grad.ing plan and is approved. by the City Engineer. Cicarj.ng operations shall. not be allowed in advance of qadinq p:i^oceecl~n.g gradhy activiti.es obtaincd prior to commcnccInent of clearing operations Cl.eariiig shall be limri-ted to the minimum area necessary to perform cjratding opcrztions e No grading shall. occur outs.i.dc, the limits' of the subdivisfLon uiiless a letter of pezmission is obtained from tkc owizcrs of the affected properties The report sha.11 be prepared by a civil engheer and If soil CT geologic AXE CU;% and. fill slopes shall be 20' steeper tfi2.n 2 ho:~i~o~tal No slopes all exposed slopzs sha1.1 be hjdrosceded r* The seed mix shall be desi.gned by an expert in unless an erosi.011 controL plan iilcludbg is submitted c7.s part of the but rather shall be concurrent with an immed.ia:tel.y A grc7.ding permit must be -6- 'The design of all private streets and di:z.inage shall be approved by the City Engineer and the staxdar-d improvemen-k plan check and inspection fees shall be paid, shall include street lights E curb and g'utter storii?. drain faci_l-itj..es or other features as requi.red by the City Engineer e The structural sectio.1 of all- private streets shall. ccnfom The designi j-0 J-11. LILe City of Car1sba.d. stibnC1a;:ds based on R-value tests, A11 pri;rate s-krcets and drainage syskcml; shall be maintained by the homeowner ' s association in perpetui'cy* condition excludes all drainage easernei2f.s granted to th~ City of Carisbad. Tbis condition shall be placed in the CClYR'S ., This N.:L public streets except Ilelrose AV\/ei?ue shall be improved- according to the CiLy of Carlsbad. stalidzi-ds prior to the occupar;cy OE any anits in Phase 1 2nd. bzsed on. 'the following right-oX-wa-y widths : Xana wazy - ftIZ1 street - 60 feet 51 feet "A" Street - full street - 60 feet - Alga' Road - .half str2c-L . . f4el.rose Avenue .shall be improved aCCOrdi.ng to the City of Carlsbad stc7iic3ai~ds prior to the final acceptance of Phase 3 of the subdivision. If tlic City Engineer determines that improvemeni:s arc mot necessary at that time lie s11a1.1 desiqr;at+ a subsequent phasc to ensure improvements prior to f ina.1. a.ccept:aiicc of the map for thak phase to cnsuze that said improvements are built in ccn junction with iIripsovc>mcnts of Mclrose to the north, 4 5) 46 j 47) 48) ~ 7!he appl-icant shall agree to utilize reclaimed water Type L- 1 form, 011 the subject property hi an amount tha.k ecpals or exceeds the aiilount o% ser6.7a.ye yemerated by the project or ot.lrerwise ap~x~v~d by the City Enginezr a in Th.2 applicant SEmEi prepare and Recreation Dj-rector and the City Eiigineer outlining proposed methods of "Type I" reclaimed wa.ter u.se This docu.ro.ent shall contain a plant list of sa1.t and droizgh'c to2eran-i; vegeta-tion the gal...loizs of water per acre needed to acconuxoclate the proposal and- a- soil-flushing program. include criteria for operating the i.rrig'ation area and system. approval of the fhal map for Phase I, to the satisfaction of the. Parks a E?ocun.+l.i; water ahsorpti.on rates per plant evld s0i2.E The docu~ex~t sh7aI-l also mai.nkainixg axd monitoriay This sl?al-l he do%e p7^i..or 'co The rec3.a.imed water irrigation system shall be maintained. and ope~r;z-i-..ed by the Sa? M~.TCOS County Water Dj..s.tri.ct consistent with the requirements of the City of Carls!nad u-lnder rz conteactural agreement with the homeowner * s association that is to give the district total assurarrce that +-hey would always have the shility 'io d-iscflajrgc the efzltrent Construction cf the reclaimed water system shall ccn~ply s.rith Title 17 of the Ca.Lifoxnia- State Administration Code by requiring a water master on the job to monitor pipe connections a and the irrigation rate shall be regulated so .@at there v7i.I-l be no ru.noff. Low -trajecto:ry sprinklers s11al:I. he r?t%l.i.zed 49) An all wedther access road sJia.11 be miir,tained throughout construction as required ;7y the Pire Marshall e 50) WilCelc foK fire pro.tecti.on to be in before cornbustibIcs a~:e on build.i.ng site as required by Pire Marsh.aZ1, 51) In order to provide for f.'~re protection, adequate fjre hydrants with required fire flow slia13. be installed on ani! off site as required by the Fire Narshall, 0 amd Jose . NOES: None 0 ABSZNT : None .I -3- . July 31 , 1980 EXHIBIT A TO PLANNING COMMISSION RESOLUTION N0.1666 Mr. Daniel J. Kolasa 3028 Xana Way Carlsbad, Ca. 92008 Dear Mr . Kol asa : It was a pleasure meeting with you and your neighbors last Monday night. At our meeting your group stated that they would not object to our develop- ment provided that you receive written confirmation of certain assurances that we gave you, The purpose of this letter is to provide those assurances. Meadowbrook has been designed and planned with a sensitivity to the natural topography and existing housing types. scaping and streetscape. The homes along Unicornio Street will be set back approximately 80 ft. from the street and will be buffered by well landscaped slopes including shrubs and trees from one to 15 gallons in size. will be,at least 20 ft. above the street and will have landscaped rear yards,tile roofs and architecturally designed stucco walls to enclose the patios beyond. A heavy emphasis has been put on land- These homes The major roads that are to be improved with the development of the first phase of Meadowbrook include the widening of Unicornio where i-k fronts Meadowbrook, to 40' with Right:.gf Way of 60', the construction of Xana Way from Unicornio to Alga, the construction of "A" street, the construction of the North side of Alga where it fronts Meadowbrook and the construction of the South side of Alga, as well as the widening of Alga between El Camino and Alicante by the La Costa Land Co. Construction vehicles will be required to enter the development from Alga Road. Xana Way will be barricaded where it crosses Unicornio until it is completed. All homes will have tile roofs and garages. My partner, Mr. Fish, mistakenly told you that our 2 bedroom home would be 1189 sq. ft., when in fact it was really designed to be 1086 sq.ft. that commitment to you we are redesigning that home to approximately 1150 sq.ft. other homes in the development are larger in size and get up to approx. 1675 sq.ft. No carports will be constructed. In an effort to honor The The area set aside for a future 100-unit Condomhimum will be planned to take advantage of the spectacular views afforded from the site. Three story structures over parking will be designed to be architecturally sensitive to existing housing types. The homes, although still in the conceptual. stages, will have an emphasis on luxury and will contain 2 and 3 bedrooms, mined but our estimate at this point is approximately 1,000 to 1,400 sq.ft. The exact sizes have yet to be deter- In closing I want to extend to you an invitation to contact me anytime if you have any questions about Meadowbrook, I was gratified to discuss all of your con- cerns with this development and to come to mutually satisfactory resolutions. cc: Carlsbad City Councilpersons Anden Corporation ;sBGilg) SX&jqv a(& "E, West Covina, California 91792, Telephone 213 965-2409 3716 Colorado St.