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Home My WebLink About1982-01-19; City Council; Resolution 676219 2c 21 22 23 24 25 26 27 28 RESOLUTION NO. 6762 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING A PLANNING COMMISSION DECISION TO APPROVE WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-44) AND CONDOMINIUM PERMIT (CP-190) FOR A 19-UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN TAMARACK AVENUE AND SEQUOIA AVENUE. APPLICANT: AMERICAN WEST. WHEREAS, on December 9, 1981 the Carlsbad Planning Commission adopted Resolution No. 1896 recommending to the City Council that Tentative Subdivision Map (CT 81-44) and Condominium Permit (CP-190) be conditionally approved; and WHEREAS, on December 11, 1981, an appeal of the Planning Commission decision was filed by Mr. William A. Bonas, 11; and WHEREAS, on January 5, 1982 the City Council of the City of Carlsbad did hold a duly noticed public hearing to consider the appeal and the recommendations and to hear all persons interested in or opposed to Tentative Subdivision Map (CT 81-44) and Condominium Permit (CP-190); and WHEREAS, an Environmental Impact Report was certified as complete for a previously issued entitlement for this project and the Planning Director has found the Tentative Subdivision Map and Condominium Permit to be in prior compliance with 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. 1896 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 general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 81-44) and Condominium Permit (CP-190) 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. 1896, dated December 9, 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 19th day of Jan~ary , 1982 - by the following vote, to wit: AYES : NOES : Council "her Lewis Council Merhers PackaYd, Casler, hear and Kulchin ABSENT: "e ATTEST: . ALETHA L. RAUTENKRANZ, Clty Clerk' (SEAL) 2. 1 2 3 4 b 5 6 7 8 9 10: 33. 12 13 34 . 15 36 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A TO CITY C~CIL RESOLUTION NO. 6762 .. .. .. .. PLANNING COMMISSION RESOLUTION NO. 1896 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 19 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD EOULEVARD BETWEEN TAMARACK AVENUE AND SEQUOIA AVENUE. APPLICANT: AMERICAN WEST CAI, NO: CT 81-44/CP-190 WHEREAS, a verified application for certain property, to wit: Lots 1, 2, 3, 4, 5 and 20 in Block H of Palisades in the city of Carlsbad according to map thereof 1747 filed February 5, 1923 has been filed with the city of Carlsbad, and referred to the Planning Commission; 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 9th day of December, 1981, hold a duly noticed public hearing as prescribed by law to consider 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. NOW, THEREFORE, BE IT HEREBY RESbLVED by the Planning Commis- sion as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES of CT 81-44/CP-190, based on the following findings and subject to the following conditions: //I/ . //// I/// E XH I B I T I’ B ‘I . .. .. . . __ , .. . .:. - . ... .. -. .... . . .. ...- . __ L *^ . .. . .. .Ij. .. . ,-., . , - I' *. , b 1 2 3 4 5 6 7 8 9 a0 11 3.2 3.3 14 a5 16 17 18 19 20 21 22 23 24 25 26 27 28 0. . 0. .- Findings : The project is consistent with the city's General Plan since the proposed density of 23.7 du's/acre is within the density range of 20-30 du's/acre specified for the site as indicated on the Land Use Element of the General Plan and can be justi- fied for the reasons stated in the staff report. 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 pro- posed * The project is consistent with all city public facility poli- cies and ordinances since: a) The Planning Commission has, by inclusion of an appropri- ate 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 condition 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, 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 Pian have been met inscfzr as they apply to sewer service for this tentative map and condo- minium permit approval. indicated by the Carlsbad Unified School District per letter dated December 3, 1981 a val @ b) School facilities will be available to this project as c) Park-in-lieu fees are required as a condition of appro- d) All necessary public improvements have been provided or will be required as conditions of approval. e) The applicant has agreed and is required by the inclusion 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 public facilities will be available concurrent with need as required by the General Plan. 4) The proposed project will be compatible with future land uses in the area since all of the surrounding properties have been designated for high density residential development. 5) PC RES0 1896 -2- This project has already been considered in conjunction with a previously certified environmental document and a Notice y ' I, a> 1 2 3 4 5 6 * 7 E 9 IC . la 12 12 34 2: 2t 2: 21 .. of Prior Environmental Compliance was issued November 16, 1981, which was approved by the Planning Commission on December 9, 1981. Conditions of Approval Seneral Conditions: , 5 Approval is granted for CT 81-44/CP-190, hs shown on Exhi- bit(s) ''A" - "K", dated October 23, 1981, incorporated by reference and on file in the Plahning Department. Develop- ment shall occur substantially as shown unless otherwise noted in these conditions. 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 avail- able to serve the subdivision, This project is approved upon the express condition that building permits will not be issued for development 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 until time of occupancy. This note shall be placed on the final map . 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 the applicant for pay- ment of said fee a copy of that agreement dated December 2, 1981, is on file with the City Clerk and incorporated herein by reference, If said fee is not paid as promised, this ap- plication will not be consistent with the General Plan and approval for this project shall be void. The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 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 issu- ance. The applicant shall prepare a reproducible mylar of the final. site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits. The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CCstK's shall be submitted to and approved by the Planning Department prior to final map approval. / L 4 PC RES0 1896 -3- ... . .. . . ., . - . . --- 3 2 3 4 5 + 6 7 8 9 18 11 12 .J3 14 3.5 . 36 3.7 18 19 20 21 22 5 23 24 25 26 27 20 The applicant shail prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Any signs proposed for this development shall be designed in conformaqce with the city's Sign Ordinance and shall require review .:nd approval of the Planning Department prior to in- stallation of such signs. Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Loca- tion of said receptacles shall be approved by the Planning Director. 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 Direc- tor. The open parking area shall be redesigned to provide 5' of backup space for cars located at the end of the stalls. Engineering.Department: The developer shall obtain a grading permit prior tc the commencement of any clearing or grading of the site. The grading for this project is defined as "regular grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall include all required drainage structures and any re- quired erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. Prior to issuance of a grading.permit, the haul route shall be submitted for review and shall be approved by the City Engineer. A separate grading plan shall be submitted and approvcd and a separate grading permit issued for the borrow or disposal site if located within the city limits. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer . Land for all public streets and easements shown on the ten- tative map shall be dedicated on the final map and shall he granted to city free and clear of all liens and encumber- ances * . PC RES0 1896 -4- tp 20) Direct access rights for all lots abutting Carlsbad Boule- vard shall be waived on the final map. 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- pancy of any buildings unless otherwise modified pursuant to Condition No. 23. 21) 22) The deieloper shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings. The improvements to Carlsbad Boulevard and Tamarack Avenue required by these conditions and as shown on the tentative map may be revised or delayed by the posting of an appro- priate bond if found necessary and is approved by the City Engineer. These revisions may include increasing the curb to curb,width to 68' and constructing a 4' wide raised median island on Tamarack Avenue. 23) 24) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. No slopes shall be steeper than a ratio of two horizontal to one vertical. 25) Fire Department: 26) A local fire alarm system shall be installed in the build- ings. 27) All proposed security gate systems shall be provided with "knox" key operated override switch, as specified by the Fire Department. 28) All fire alarm systems, fire hydrants, extinguishing sys- tems, automatic sprinklers, and other systems 'pertinent to the project shall be submitted to the Fire Department for approval prior to construction; Parks and Recreation: 29) All landscape material shall be rated "1st sea coast expo- sure". A minimum of twelve (12) specimen trees of the same species shall be planted prior to occupancy of any units at loca- tions'approved by the Parks and Recreation Director. A third retaining wall shall. be added between the two re- taining walls shown on Exhibit "A" i€ required by the Parks and Recreation Director. The areas between the walls shall 30) 31) 7- no nvcn 1nc1fi -5- i r I' ' * %', I -5 . 1 * * 3. 2 3 4 b 5 6 7 8 9 10 13, 12 33 14 15 16 17 .18 19 20 21 22 23 24 25 26 27 20 be level and landscaped to the satisfaction of the Director of Parks and Recreation. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 9th day of December, 1981, by the following vote, to wit: AYES: 'Chairman Marcus, Commissioners Farrow, Schlehuber, NOES : Commissioners Rombotis and L'Heureux, Jose and Friestedt, ABSENT: None. ABSTAIN: None. MARY MARCUS, Chairman CARLSBAD PLANNING COMMISSION ATTEST : JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION L