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HomeMy WebLinkAbout1981-11-17; City Council; Resolution 6722RESOLUTION NO. 6722 (CP-' as and Carlsbad the in the A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-35) FOR A 14- UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-182) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF OCEAN AVENUE AND THE ATbSF RAILROAD. APPLICANT: NATIVE SUN INVESTMENT GROUP. WHEREAS, an Environmental Impact Report was certified 82) ; and complete for a previously issued entitlement for this project ':he Planning Director has found the Tentative Map and Condominium Permit to be in prior compliance with the City of Environmental Protection Ordinance of 1980; and NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Carlsbad, California as follows: A, That the above recitations are true and correct. BO That the findings of the Planning Commission in Resolution No. 1877 constitute the findings of the City Council this matter. C. That said Tentative Subdivision Map, together with provisions for its design and improvement and subject to the 4 aond i 3ener Condc applj the E comml Exhi1 excel the 17th to w - ATT E A (SE; ions of this resolution, is consistent with all applicable 1 and specific plans of the City of Carlsbad, D, That Tentative Subdivision Map (CT 81-35) and inium Permit (CP-182) are hereby approved subject to all able requirements of the Carlsbad Municipal Code and to tisfaction of the conditions contained in Planning sion Resolution No, 1877, dated October 14, 1981, marked t A, attached hereto and made a part hereof, with the :ion of Condition No. 14 which has been deleted. PASSED, APPROVED, AND ADOPTED at a regular meeting of ity Council of the City of Carlsbad, California, on the - day of Noveniber t: , 1981 - by the following vote, AYES : Council Wers Padcard, Casler , Anear, Lewis and Kdchin NOES: None ABSENT: None 'T : J) 2. , 7 1- ,:i 3. 2 3 4 ,5 6 7 8 9 10 11 12 3.3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 *. to, wit I has bee Plannir request and of Octc prescri conside desirir relatir Comiiss A) The B) The the on con I/// I/// EXHIBIT A TO C COUNCIL RJ3SOLUTION NO. 6722 PLANNING COMMISSION RESOLUTION NO. 1877 A RESOLUTION OF THE PLANNING COMMISSION OF THE - CITY OF CARLSBAD, CALIFORNIA, RECOIWYENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 14 UNITS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF OCEAN AVENUE BETWEEN THE PACIFIC OCEAN AND THE AT&SF RAILROAD, APPLICANT: NATIVE SUN INVESTMENT GROUP CASE-NO:--- CT-81-35/CP-182- -- -. WHEREAS, a verified application for certain property A portion of Lot A of Granville Park Unit No, 2 in Carlsbad, according to Map 2037 filed June 18, 1927 filed with the city of Carlsbad, and referred to the Comission; and WHEREAS, said verified application constitutes a as provided by Title 21 of the Carlsbad Municipal Code; WHEREAS, the Planning Commission did, on the 14th day er, 1981, hold a duly noticed public hearing as ed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and ing all testimony and arguments, if any, of all persons to be heard, said Commission considered all factors to the Tentative Tract iilap and Condominium Permit. NOW, THEREFORE, BE IT RESOLVED by the Planning on as follows: the above recitations are true and correct. based on the evidence presented at the public hearing, Connission recommends APPROVAL of CT 81-3S/CP-182, based he following findings and subject to the following itions: EXHIBIT A 1 2 3 4 5 n’. 6 7 8 9 10 13. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding The the den ind The the to POS The ici - project is consistent with the city’s General Plan since proposed density of 3.18 du’s/acre is less than the ity range of 10-20 du’s/acre specified for the site as cated on the Land Use Element of the General Plan. site is physically suitable for the type and density of development since the site is adeqtzate in size and shape ccommodate residential development at the density pro- d. project is consistent with all city public facility pol- s and ordinances since: The Planning Commission hasl by Pncliusion of an appro- priate condition to this project, 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 final nap that build- ing permits may not be issued far the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains avaglable, the Planning Commission is satisfied that the requirements the public facilities element of the General Plan have been met insofar as they apply to sewer service for this project. P An existing school agreement between the applicant and the Carlsbad Unified School District will ensure adequacy of school facilities per fetter by the school district dated May 19, 1981. required as a been provided or of approval. pay a public facilities required by the inclusion and payment of the fee will by the ssurances have been given that adequate sewer for the roject will be provided by the city of Carlsbad. i The proposed project is compatible with the surrounding for residential development on the General Plan, fut u re land uses since surrounding properties are designated -2- 1 2 3 4 5 6 7 General 8 Conditions: 9 20 21 12 13 all permit 14 sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building issuance. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e Environmental Impact Report has been prepared and tified by the City Council 'for ,this property. ject, as currently proposed, was addressed in the EIR as roject alternative, the Planning Director issued a ice of Prior Compliance on September 3, 1981 and was roved by the Planning Commission on October 14, 1981, As the Apqroval is granted for CT 81-35/CP-182, as shown on Ex ibit(s) "A", trB1l, & "C", dated September 17, 1981 and Ex ,ibit(s) "E" - "J'l, dated August 31, 1981, incorporated by re erence and on file in the Planning Department. De elopment shall occur substantially as shown unless ot erwise noted in these conditions. i Planning bepartment 7) The hpplicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained PC RESO'lfh.877 -3- i d nr . ,., 3 2 3 4 5 6 n+ 7 9 20 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 erein. Said site plan shall be submitted to and approved Director prior to the issuance of building permits, whichever occurs first. establish a homeowner's association and conditions and restrictions. Said to and approved by the Planning prior to final nap approval.. a detailed landscape and be submitted to and approved by to the issuance of building be maintained' in a healthy and weeds? trash, and debris. y signs proposed for this development shall be designed in nformance with the city's Sign Ordinance and shall require view and approval of the Planning Department prior to stallation of such signs. ash receptacle areas shall be enclosed by a 6 foot high sonry wall with gates pursuant to city standards. cation of said receptacles shall be approved by the anning Director. P A 1 roof appurtenances, including air conditioners, shall be a chitecturally integrated and shielded from view and the s lund buffered from adjacent properties and streets to the s B tisfaction of the Planning Department and Building D' rector. T e developer has agreed to dedicate an open space easenent o er 2.2 acres of property, identified as lot 2 on the Carlsbad, for public purposes, on the final map. i tejntative ? map. This easement shall be dedicated to the city submit a report prepared by a qualified based on a sample excavation of site SDi- any grading of the property or the issuance whichever occurs first. Thb final lo'cation of the pool shall be shown on the final si e plan and approved by the Planning Director prior to is uance of grading permits. determine the precise location based on the findings in the re ort required by Condition No. 34 and upon aesthetic co k siderations. The Planning Director shall I Thb developer shall pre-plumb the buildings for future inkstallation of solar panels for water heating for each subject to the approval of the Building Director. PC RES011877 -4 - <- . ,' ' . I/ The the I 2 3 design and location of the signs shall be subject to approval of the City Engineer. 4 8 9 10 11 3.2 13 14 15 16 3.7 18 19 20 21 22 23 24 25 26 27 28 .. 0 0 proval of this tentative tract map shall expire eighteen nths from the date of City Council approval unless a final p is recorded, An extension may be requested by the plicant. Said extension shall be approved or denied at e discretion of the City Council. tension, the City Council may impose new conditions and y revise existing conditions. In approving an ring Department r 2 developer shall obtain a grading permit prior to the nmencement of any clearing or grading of the site. e grading for this project is defined as "controlled ?ding" by Section 11 ,06.170( a) of the Carlsbad Municipal Grading shall be performed under the observation- of a engineer whose responsibility it shall be to site inspection and testing to insure compliance of the work with the approved grading plan, submit required re;?orts to the City Engineer and verify compliance with Chgpter 11.06 of the Carlsbad Municipal Code. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. All. public streets shall be improved by the developer based on the typical sections shown on the tentative map and in conformance with City of Carlsbad Standards prior to occu- paricy of any buildings including the installation of any an! design requirements of the respective sewer and water ag ncies regarding ser;ices to t'he project. uired street .lights. developer shall comply with all the rules, regulations 7 private streets and drainage systems shall be maintained the homeowner's association in perpetuity. This ponsibility shall be clearly stated in the CC&R's, oncrete island shall be constructed on Mountain View ve at the intersection with Carlsbad Boulevard to trict left turns prior to the occupancy of any units. design shall be subject to the approval of the City ineer and shall include pavement widening on Mountain w Drive between Pacific Avenue and Carlsbad Boulevard re required to provide two travel lanes of 14 feet each. //// -1 PC RES0 #1877 -5- u r- 4 , I, j , . ,'< ,. 1 2 3 4 5 ..- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 . 27 2% Berms, swales or other d vic s sh 11 be provided at he top of cut or fill slopes to prevent surface waters from over- flowing onto and damaging the face of the 51Ope, drainage provisions shall be made where a building OK structure exists within five feet of the top of a slope. This condition shall be incorporated in the grading plans. Sandbags, gravelbags and temporary drainage basins shall be installed along all fill slopes and along the shoreline of Buena Vista Lagoon during grading and construction operations to the satisfaction of the City Engineer. Special Construction of the buildings planned for the site shall be started as soon as possible after grading is completed, A11 graded slopes and open space areas shall be seeded and landscaped immediately after grading is completed, The developer shall adhere to all mitigation measures, to overcome the limitations of the existing soils, as specified in the soils investiqation by Benton Engineering, Inc. and identified in the EIR. These conditions shall be incorporated in the structural building plans. The developer shall provide roof downdrain systems which shall be connected to the drainage system subject to the approval of the City Engineer. Drainage outfall shall be designed to be discharged at a point west of the lagoon weir. .line shall be subject to approval of the City Engineer prior to the issuance of grading permits. Prior to the issuance of a grading permit, the developer shall deposit, in trust with the city, szfficient funds to compensate the city for an engineering report prepared by a registered professional engineer, competent in the field of beach erosion, giving specific. recommendations on the need and type of protective devices required to ensure that the project structures are safe from the anticipated erosion actions of ocean waves, The applicant shall incorporate any recormended protective measures in the final grading plan to the satisfac-tion of the City Engineer. The design of the outfall Fire.Department 35) An all weather access road shall be maintained throughout construction, 36) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 37) Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire Department, . PC RES0 91877 -6- . 2. ,> '. ,a \' , 3 2 .i 4 F ..* ( 7 E 5 ZC 11 3.2 12 2.4 15 1E 17 3.8 19 20 21 22 23 24 25 26 27 28 All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "NO Parking/Fire Lane Tow Away Zone" pursuant to Sec'tion 17.04.040, Carlsbad Municipal Code. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or four-hour fire walls with no openings therein shall split the building into '10,000 sq.ft. (or less) areas. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 14th day of October, 1981, by the following vote, to wit: AYES: NOES : None. ABSENT: Commissioner Rombotis, ABSTAIN : None. Chairman Marcus, Commissioners Farrow, Schlehuber, Jose, Frlestedt and L'Heureux, P ... . -_. . MARY PIARCUS Chairman CARLSBAD PLANNING COMMISSION ATTEST: --... _.-I- .. JAMES C. HAGAXAN, Secretary CARLSBAD PLAFINING COMMISSION PC RES0 #1877 -7-