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Home My WebLink About1981-06-02; City Council; Resolution 6555I 2 4 E e r 1 E s 1c 11 19 20 21 22 23 24 2E 26 27 2E RESOLUTION NO. 6555 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-3) FOR AN 80 UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-149) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE E3ST SIDE OF El CAMINO REAL SOUTH OF SWALLOW LANE. APPLICANT: MOLA DEVELOPMENT CORPORATION. WHEREAS, on April 22, 1981 the Carlsbad Planning Commission adopted Resolution No. 1787 recommending to the City Council that Tentative Subdivision Map (CT 813) and Condominium Permit (CP149) be conditionally approved: and WHEREAS, the City Council of the City of Carlsbad, on May 19, 1981, held a public hearing to consider the recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 81-3) and Condominium Permit (CP- 149); and WHEREAS, the Planning Director has determined that this project is categorically exempt from environmental review pursuant to Section 19.04.070(a)(18) of the 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. 1787 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 applicable D. That Tentative Subdivision Map (CT 81-3) and Condominium Permit (CP-149) 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. 1787, dated April 22, 1981, 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 2nd day Of June , 1981 by the following vote, to wit: AYES : NOES: None ABSENT: Council Phiber Casler Council Mers Packard, hear, Lewis and Kulchin ITTEST : . SEAL ) c PLANNING COMMI SSIOG RESOLUTION hrO. 1787 A RESOLUTION OF THE PLXWING COP@lISSION OF THE CXTY OF CARLSBAD, CALIFORNI.A, RECONFIEXDIXG APPROVAL FOR AN 80 UNIT TENTATIVE T.'TCACT ElAP ASD COXDOMINIUM CONVERSION ON PROPERTY GENEWLY LOCATED ON TZE EAST SIDE OF EL CAMINO REAL SOUTH OF Sl?ALLOW LANE- APPLICANT: MOLA DEVELOPMENT CORPOXATION CASE NO: CT 81-3/CP-149 WEREAS, a veriSied application far certain property -0, wit: A portion of the'west half of the northeast quarter of Section 26, Township 12 South, Range '4 westo San Bernardinc Meridian 'in the County of Sara Diego- ias been filed with the city of Carlsbad, and referred to the 'laming Commission: and WEWAS, said verified application constitutes a request as ,rovided by Title 21 of the Carlsbad Municipal Code; and ' WHEREAS, the Planning Conmission did, on the 25th day of [arch, 199l, hold a duly noticed r>ublic hearing and continued public iearing on April 8th and April 22, 1981, as prescribed by law to ionsider said request; and WEREAS, at said public hearing, upon hearing and consideri .El testimony and argumentsI if anyp of all persons desiring to be ieard, said Commission considere6 all, fagtors relating to the 'entative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEZBY RESOLVED by the Planning !omission as follows: ,) 1) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recomnends APPROV>L, of CT 81-3/CP-149, based on ,t,h& following findings and subject to the follo*Ang conditions: 'indings: ) L The project is consistent wit:? the city's General Plan since the -- . .. .i , , .y. I . , 3i 2 3 4 5 6 7 8 16 3.7 . 18 3.3 20 22 22 23 24 25 , 26 27 28 fm proposed density of 14.8 du's/acre is within the density range of 10-20 du@s/acre specified for the site as indicated on the Land Use Element of the General Plan and can be justified Tc the reasons stated in the staf€ report- Also, as conditioned, t project is consistent with all other elements 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 proposed and still meek all of the requirements of the Condomhim Ordinance. The project is consistent with a19 city public facility policie~ Earad ordinances since: a. I Sc'hsob facilities will be provided by the Carlsbad School District: Park-&-lieu fees are required as a condition of app~~~al, bo c. All necessary public improvemenfs have been provided or wi7 be required as conditians of approval, do he applicant has agreed and is required by the inclusion c an appropriate eonditior- to pay a public facilities fee, Performance of that contract and payxent of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General .) The proposed project is compatible with the surrounding land USE since the properties to the north and south have approved tentative maps and eondominiux permits for similar projects, while the properties to the east and west have been designated for residential development. The Planning Director has determined that this project is categorically exempt from environmental review according to Section 19e04.070(a') (18) of the Carlsbad Environmental Ordinance ,) That the applicant has given or will give notice specified in thr proposed conversion and right to purchase to the tenants of the ' Subdivision Map Act and the Carlsbad Municipal Code of the project. ! i 1 :ondition s .) Approval is granted for CT 81-3/CP-149, as shown on Exhibits **A1'' - "I" dated, April 15, 1981, incorporated by reference and on file in the Planning Department. Development shall. occur substantially as shown unless otherwise noted in these conditions. = 0:: . !) This project is approved up03 the express condition that the applicant shall pay a public facilities fee as required by City 'C RES0 $1787 -2- 3. 13 94 3.5 16 2.7 19 20 21 22 -23 24 25 26 27 28 * ..e#' Council Policy No- 17, dated August 29, 1979* on file with the City Clerk and incorporated herein by reference, and according the agreement executed by the applicant for payment of said fee copy of "chat agreement dated February 9, 1981, is on file with the City Clerk and incorporated herein by reference, If said fei is not paid as promised, this application will not be consistent! with the General Plan and approval for this project shall be voido 'The applicant shall give notice of the conversion to ah1 tenants: 3) as required by the Sibdivisio.2 Map Act stnd the Carlsbad Mu~kipa Code e 1.1 TII~ applicant sha~ pay park-in-lieu fees to the city prior to the approval of the final map as required by Chapter 20-44 of th Carlsbad Municipal Code. ?lanning Department The applicant shall prepare a reproducible mylar of the final eondominim site plan incorporating the conditions contained herein. Planning Director prior to finial map approval- This plan shall not exceed 24" x 36'& in sizeP The applicant shall prepare z detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to final map zLpproval. Special attenfAon shall Z given to the areas along El Camino Real and around the internzl street system to ensure proper-.screenirq and buffering. The applicant shall establish a honeoTm-er's association and corresponding covenants , conzitions and restrictions Said CC&R*s shall be submitted to and approved by the Planning Department prior to final map approvalP my future amendments T- the CCbR's shall be approved by the Planning DiPectorp Any signs proposed for this development shalP be designed in conformance with the city's Sign Ordinance and shall require review and approval of the Planping Dgpartment priar to installation of such signs All landscaped areas shall be maintained in a hedlthy and thriving condition, free fro= weeds, trash, and debris. Said site plan shall be subkitted to and approved by tk cc . - -- LO} Trash receptacle areas .shall Se enclosed by a 6 foot high masan wall with gates pursuant to city standards. Location of said receptacles shall be approve2 by the Planning Directoro ' td.7 . L1) 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 satisfzcti of the Planning Department and Building Director. 'C RES0 $1787 -3- ‘4 3 .. . ) Approval 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. ) Concrete wheel stops shall be provided two and one-half’ feet frc the end of each parking stall. 1 Prior to final map approval the applicant shall receive approval of an adjustment plat changing the eastem boundary of the project to provide for the proposed parking in this arean, 1 Prior to final map approval the applicant shall complete all modifieat&ms to the project as shown ox Exxbits datec April 3.58 1981. / 11 Prior to final map approval the applieanc shall install automatic garage door openers to all of the garagesc ‘1 The applicant shall modify the existing garages by adding dividing walls and storage shelves pursuant to the approved plans prior 230 final map apgrovalo . The units within this project shall be subject to the fol1owi.m - restrictions: 5) I t Prices to persons residing in West Bluff prior to February ri 24, 1983. shall be as follows: 1 Plan B $55 I 000 il. Plm C $66,000 ‘Plan B $64,000 f .a. Plan A $49,000 t be ’ The price range of the unoccupied units and those not sold to residents shall range from $50,000 to $90sOOOp This restriction shall apply for one year from the date sf sale of each unit. During this year period, unit resale prices shall hot increase at a higher rate than the averege rate of price increases for SanlDiego County as deternined the California World Title Company’s Housing Surnmary for tl- calendar quarter during which the unit is sold. c. All units shall only be sold to persons who will reside in the unit for a minimum of one year. The applicant shall implement this condition by deed restrictic acceptable to the City Attorney and Planning Director prior to final map approval. /// c RES0 #1787 -4- t 't.'. . 3-9 ir 11 2[ I ngineering The applicant sha 1 subx3.t a revised tentative nap showing all of the latest proposed revisions to the site and incorporating the conditions contained herein which shall be subject to the City Engineer's approval prior to final map approval. tentative map shall. also show the quantities of cut and fill required to complete these revisions- The developer shall obtain a grading permit prior to the csmencement of any clearing or grading of the site- The developer shall obtain a grading permit prior to the comencement of any ,clearing or gradkg '05 the site- The grading for this project is defined as "regular grading" bl Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan far approval which shall include all required drainage structures and any required erosion control measures. The developer shall also submit soilsl geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of th; This affected properties- i I I ** !4) The design sf all private streets and drainage sysf-ems shall be approved by the City Engineer prior to approval of the final map. The structural section of all private streets shall conform to city of Carlsbad Standards based on R-value tests- A11 private streets and drainage systems shall be inspected by the city and the standard improvement plan cheek and inspection fees shall be paid prim to approval of the Einal map. . 25) All private streets and drainage systems shall be maintained by the homeowner's association. This responsibility shall be clearly stated in the CC&R's- . 6: ?arks and Recreation Department 26) The applicant shall landscape the portion of the El Camino Real median divider adjacent to the site to the satisfaction of the Parks and Recreation Department prior to final. map approval. I/// //// /I'll .. -5- 3h 2 3 4 5 6 14 2c 23 22 22 24 25 26 2'1 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the lanning Commission of the city of Carlsbad, California, held on the 2nd .. day of April, 1981, by the following vote8 to wit: AYES : Chairman Marcus Commissioners Rombotis, Jose, Farraw, Schlehuber, and L' Heureux. NOES : None ABSENT: Commissioner Friestedt ABSTAIN : None. J .. -6-