HomeMy WebLinkAbout1981-01-20; City Council; Resolution 6414RESOLUTION NO. 6414
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS AN AMENDMENT TO A
PREVIOUSLY APPROVED 40-UNIT TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT
TO ADD 10 ADDITIONAL UNITS TO SAID
PROJECT, GENERALLY LOCATED ON EL CAMINO
REAL, NORTH OF SWALLOW LANE. APPLICANT:
MOLA DEVELOPMENT. CASE NO.: CT 79-28(A)/CP-137).
WHEREAS, on December 10, 1980, the Carlsbad City Planning
Commission adopted Resolution No. 1733 recommending to the City
Council that an amendment to a previously approved 40-unit
Tentative Subdivision Map (CT 79-28(A)) and Condominium Permit
(CP-137) to add 10 additional units to said project be conditionall
approved ; and
WHEREAS, the City Council of the City of Carlsbad, on
January 6, 1981, 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 Amended Subdivision Map (CT 79-28(A)) and Condominium Permit
(CP-137); and
WHEREAS, said project has been declared to have a non-
significant 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;
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. 1733 constitute the findings of the City Council
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in this matter.
C. That said Amended 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 said Amended Tentative Subdivision Map (CT 79-28(A))
and Condominium Permit (CP-137) 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. 1733, dated December 10, 1980, marked
Exhibit A, attached hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, on the
&day of ,Ta-yy , 1981 by the following vote, to wit:
AYES:
NOES : None
Council Members Casler, Anear, Lewis and Kulchin
ABSENT: None
ABSTAIN: Council Member Packasd
RONALD C. PACKARD, Mayor
ATTEST :
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EXHIBIT A P~ITY COUNCIL
RESOLUTION NO. 6414
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PLAXIL'ING CONMI3STOJ\i RESOLUTION KC) 1733
A RESOLUTION OF THE PLAM131NG COXNISSION OF
APPROVAL FOR AM Ai!4ENDMENT TO A 40 UNIT TENTA- TIVE TRACT NAP APJD CONDOMiNI3M PERMIT TC ADD 10 ADDITIONAL UNITS TO A PROJEC'i' OX EL CAMINQ
REAL, NORTH OF SWALLGTIV' LANE. APPLICANT: MOLA DEVELOPMENT
TUX CITY OF CARIIS13AD I CALIFORNI;I, RECOMMENDING
CASE NO: CT 79-28 (A) /CP-3.37 --
WHEREAS, a verified ap2lication for certain property to, wit:
A porti0.n of the west half of the northeast quarter of
Section 26, Township 12 south, Range 4 west, San
Bernardino Neridian, in the County of San Diego, State of California
has been filed with the City of. Carlsbad, and referred to the
Planning Comtrtissian; 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 10th day of
December, 1980, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considerins
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.
NOW, THEREFORE, .BE IT HEREBY RESOLVED by the Planning
Comissiolz as follows:
A) That the above recitations are true arid correct.
B) That bssed on the evidence presented at the public hearing,
the Commission recornmends APPROVAL of CT 79-28 (A) /CP-137,
based on the following findings and subject to the following
conditions:
Findin=
3.) The project is consistent with the city's current general plan since it is wit1ij-n the de.nsity range specified for the
site as indicated on thc Land Use Element of the General Plan
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The site is physically suitable for the type and density of thz development since the site is adequate in size and shape to acconodate residentiaP development at the requested density and still. ri-ieet ail tne requirements of the condomj-nium
ordinance.
The project is consistent with all city pub1.i~ facility
policies and ordinznces since: ~
The applicant has received 50 ec?u's from the leucadia
County Water District.
b. The Planning Corrrrnission has, by inclusion of an
. appropriate condition to this condominium permit and tektative 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
condition that a note shall. be placed on the fina.1 map
that building permits may not be Issued for the
condominim project unless the City Engineer determines that sewer service is available, Since ths final nap
cannot be apprcved unless sewer service is available,
and building cannot occur within the project unless sewer service remains available, the PZanniny Co~missisiz is satisfied that the requirements of the -,ublic
facilities element or" the general plan have been met.
insofar as they apply to sewer service €or C,hL;s tentazivc
map and condominium permit approval.
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4) The
use
School facilities will b$ provided by the CxrlsbaZ
Unified School District. .
Park-in-lieu fees are required as a condition of appronl
All necessary public improvements have been provided or
will be required as conditions of approval.
The applicant has agreed and is required by the inclusi.or: of an appropriate condition tc pay a public facilities
fee, Performance of that contract and payment of the fee will enable this bodv to find that public
facilitks will be available concurrent with need as
required by the General Plan. I
proposed. project is compatible with the surrounding land since the property to the south has been developed for multiple.family residential purposes.
5) The project will not cause any significant environmental
impacts and a Negative Declaration was issued by the
Planning Director on Movember 12, 1980 and approved by the Planning Ccriunission on December 10, 1980.
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PC RESOL #I733 -2- J
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Approval is granted for CT 79-28 (A)/CP-137, as shown on
, and "Fit, date6 May 5, 1980, and Exhihits "G" I 1'r711 h I $1 F, 11
and I' I '' I dated October 27, 1980, incorporated. by reference
and on file in the Plannirrg Depztment., Devcloprrient shall- occur substantially 6s shown unless otherwise noted in these coiidi tions
Exhibit "Afi, dated 3une 25, 1980, Exhibj-ts "E", "C", "D'' I
A11 previous conditions of CX 79-28/CP-105 approved by the Ci-ty Council are no longer applicable to this project and
shall. be superceded by the condi.tions contained herej-n.
This project is approved. upon the express condition
that building permits shall not he issued for development of the subject property tinless the City Engineer determines
thzt sewer facilities are available at the time o€
application for such sewer permits and will continue to be available until time of occupancy,
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This project is approved upon the express condition
that the final nap shall not be approved unless the
City C!ou.ncil finds as of the time of such approval that sewer service is available 'io serve the subdivision.
This note shall be placed on the final map.
This project is .approved upon the express condition
.that the applicant shcill pay a pvib1i.c facilities fee as reqtJlired by City Council Policy No. 17, dated Aucust
29, 1979, on file with ths City Clerk and incorporated herein by referencep and according to the agreement
executed by the appl.icant for payment of said fee a
copy of that agreement dated May 8, 1930 and October
13, 1980, is on file with the City Clerk and j-s 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,
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The applicant shall install street trees to city spec-
ifications at 40 foot intervals along a11 public: street
frontages prior to final occupancy of any buildri ng .
The variety of said trees shall be subject to the approval of the Parks and Recreation Department.
The applicant shall pay park-in-lieu fees to the city,
prior to t.he approval of the final map as per Chapter
20-44 of the city's subdivision regulations.
P lann inq .- Department
8). The applicant shall prepare a reproducible mylar of the . fj-nal condominium site plan incorporating the conditions
contained herein. Said site pian shall be submitted to and approved by the.Planning Cepartment prior to the issuancc of building permits. .
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The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved
by the Planning Departnent prior to fi.na2 map approval.
The applicant shaib establish a homeowner's association
and corresponding covenants, conditions and restrictions.
Said CCGR's shall be submitted to and approved by the
Planning Deprtnient prior to final map approval.
Pricr to recording the fi-nal. 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 appY'cant shall submit a street .name list consistent
with the city's street naming pclicy subject to the
Planning Director's approval prior to final map approval.
The applicant shall provide school fees to nitigate
conditions of overcrowding as part of building permit
application.
schedule in effect at the time of building permit
application.
These fees shall be based an the fee
Any signs proposed for this development shall be
designed in confcrmance 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 healtYAi,
and thriving condition, free from weeds, trashr and debris
Trash receptacle areas shall be enclosed by a 6 foot
high nasonry wall with gates pursuant: to city standards.
Location of said receptacles shall be approved by the Planning Department. .
All roof appurtenances, including air conditi-oners, 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.
All units shall be provided with at least 480 cubic
feet of enclosed. storage area conveniently accessible to the outdoors. -3
All units shall provide space for laundry facilities to
accommodate a washer and dryer..
The proposed future driveGay and parking spaces along
the scuthern edge of the project as shown on Exhibit
"At' are specifically not approved as part of this project,'
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PC RES0 W1733 -4 -
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21) The applicant shall. institute a detailed arckaelogical investigation, inventory and resource recovery program
coveri.ng the subject property prior to the issuance of
grading permits, as suggested by the letter or-' February 23, 1980, from Jay Hatley of Regional
Environmental Consultants. Said program shall be
performed by a qualified archaeiolgist and a report
-detailing the proposed program and findings shall be
subi-nittez to and approved by the Planning Director prior
to issuance of any gradEing permits.
Engineering - Department --- ...
A report ctf a geoteehnical investigation and a grading plan
~f the site shall be submitted by the applicant to the City Engineer for approval prior to the issuance of a grading
permit. The report shall be prepared by a civil engineer and a geologist licensed by th,e State of California and
experienced in erosion control an?. slope stability.
Recomiiendations made in t3.e report shall be included on the
grading plans.
The grading for thj-s project shall be designated as controller
grading-
gradin? and coordinate the testing. condi-tions are observed to be different than $xpected,
they shall recomnend appropriate remedial measures 03: chacyes
to the plans. At the conclusion of grading they shall pre- pare an "as-graded8' piar. showing the grading as ~cr'~m.ed ax3
the existing geologic conditions and they shall certify the adequacy of the site for development prior to the issuance of building permits.
h civil engixleer and geologist shall observz the If soil or geologic
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A19 cut and fill slopes shall be no steeper.than 2 horizc/ntal 1
to 1 vertical unless. a report of a geotechnical investigation I
prepared by a civil engineer demonstrates that the slope
stability and erosi-on resistance of a steeper slope are
adequate and it is approved by the City Engineer.
are permitted within public street right-of-way.
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Eo slopes
To mitigate erosion, all expssed slopes shall.be hydroseeded
or planted immediately upon completion of grading activities.
The seed mix shall be designed by an expert in the field
based on a soil analysis of the. slopes per approval of the
Parks and &creation Director.
Clearing operations shall not be allowed in advance of graclia,
but rather shall be concurrent with or immediately proceeding 1 grading activities. to comenccment of clearing operations. Limited to the rrti-niinurn area necessary to perforn? grading operations,
No grading shall CCCU~ outside the limits of the subdivision unless a letter of permission. is obtained from the owners of
the affected properties,
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A grading permit must be obtained priow 1 Clearing shall be
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The desijn of
e
ge sM1l be
approved by the City Engineer, The street shall have. a
minimum width of 32 feet and shall have a 5 foot wide cide-. walk on the south side, The r,orth side shall be posted r-0 parking. The design shall incltlde street lic~hts~ curb and gutter storm drain facilities or other f.. matures as
required by the City Engineer,' The structural section of the private street shall csnforn to the City of CarLsbad
standards based on R-value tes-ls.
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 priv>te streets and drainage systems shall be maintained
by the homeowner's association in perpetuity. This condi- tion excludes all drainage easements granted to the City of
Carlsbad, This condition shall be placed in the CCstR's,
Additional drainage easements and structures shall be
provided or installed as may be required by the County
Department of Sanitation and Flood Control and/or the
City Engineer.
A11 concrete terrace drains shall be maintained by the homeowner Is association or individual property owner in
perpetuity. A statement clearly idenkj-fying this respon-
sibility shall be placed in the C@&.R'sd
Prior to recordation of the final map the applicant ;hall submit to the city written verificathn from the Costa Real Water District that all the requirements and conditiom
of the Costa Real Water District have been met.
Fire Department
34) The site plan shall. 6e revised to provide a turnaround at the end of the drive serving buildings 4 and 5. The
minimum radius of the turnaround shall be 35 feet.
35) The applicant shall submit two copies of a site plan
showing locations of existing and proposed fire hydrants
and on-site roads and drives.
36) Adequate emergency vehicle turnarounds shall be provided
by a cul-de-sac or a hammerhead when drivewa.ys are mere
than 150 feet deep.
37) All fire alarm systems, fire hydrar,ts, extinguishing
systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval. prior to construction,
An all weather access road shall be maintained throughout
construction as required by the Fire Marshall. 38)
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Water for fire pxotection to he in before combustibles
are on building site as required by Fire Marshall.
In order to provide for Eire protection, adequate fixe
hydrants with required fire flow shall be installed cn
and off site as required by the Fire filarshall.
All private driveways shall be kept clear of parked
vehicles at all times, and shall have posted "No
Parkirig/Fire Lane/'Tow Away Zone" as per condition in
Municipal Code,
Fixe retardant roof shail be required on all structures - by Building and Fire Department. /-
Brush clearance shall be maintained within a mink" distance of 30 feet'to each residence.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
?Panning Conmission of the City of Carlsbad, California, held
on tfle 10th day of December, 1980, by the following vote3
to wit.;
' AYES: MARCUSr ROMBSTIS, LARSON, LEEDS, FRIESTEDT,
. L'HEUREUX AND JOSE
NOES: NONE
ATTEST:
PLANKING
FC RES0 #1733