HomeMy WebLinkAbout1982-02-02; City Council; Resolution 67761
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RESOLUTION NO. 6776
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP
(CT 81-41) FOR A 172-UNIT CONDOMINIUM
CONVERSION PROJECT AND APPROVING CONDOMINIUM
PERMIT (CP-187) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF EL CAMINO REAL AND HOSP WAY. APPLICANT: SHELDON ENTERPRISES.
WHEREAS, on December 23, 1981 the Carlsbad Planning
Commission adopted Resolution No. 1900 recommending to the City
Council that Tentative Subdivision Map (CT 81-41) and Condominium
Permit (CP-187) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
January 19, 1982, held a public hearing to consider the
recommendations and hear all persons interested in or opposed to
Tentative Subdivision Map (CT 81-41) and Condominium Permit
(CP-187); 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 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. 1900 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
d
conditions of this resolution, is consistent with all applicable
general and specific plans of the Cit:y of Carlsbad.
D. That Tentative Subdivision Map (CT 81-41) and
Condominium Permit (CP-187) 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. 1900, dated December 23, 1981, marked
Exhibit A, attached hereto and made a part hereof, and the
following additional condition:
"The developer, in his letter dated October 27, 1981, has offered to the tenants certain incentives in connection with the conversion. He has agreed to make that letter a condition of this approval. Therefore, this approval is conditioned upon the developer's compliance with all
the terms and conditions of his letter of October 27,
1981 to the residents of the Grove Apartments on file
with the City Clerk and incorporated by reference
herein."
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
2nd day of February , 1902 - by the following vote,
to wit:
AYES: Council Members Packard, Casler, hear, and Kulchin
NOES : Council Menher Lewis
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST :
- ALETHA L. RAUTENKRANZ, City Clefk
(SEAL)
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e 0’ EXHIBIT A TO CITY COUNCIL RESOLUTION NO6776 -
PLANNZNG CONMISSION RESOLUTION NO, I900
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE SUBDIVISION MAP AND
CONDOMINIUM PERMIT TO CONVERT 172 EXISTING
APARTMENT UNITS ON PROPERTY ‘GENERALLY LOCATED
ON THE NORTHWEST CORNER OF EL CAMIliIO REAL AND
HOSP WAY.
APPLICANT: SHELDON ENTERPRISES
CASE NO: CT 81-41/CP-187
WHEREAS, a verified application for certain property
to, wit:
Parcel A of Parccl Map 1681 filed June 29, 1973
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
. Q WHEREAS, the Planning Conmission did, on the 23rd 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 al.1 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 b.y the Planning
Contmission as follows: ,?
A) That the above recitations are true and correct.
B) That based on the evidence presented at ‘the public hearing, the Commission recontmcnds -- APPROVAL of CT 81-41/CP-l87, based
on the following findings and subject to the following conditions:
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Findings: (Planning) . c.
I) The project is consistent with the city's General Plan since the proposed density of 16.5 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 because of location, compatibility with
surrounding developments and recreational amenities, Also, the project is consistent with the Housing Element of the
. General Plan since the applicant is required to provide adequate notification and-relocation assistance ^to the existing tenants of the project.
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 pol-
icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropri-
ate condition to this project, insured that the final nap
~ will not be approved unless the City Council finds that
. sewer service is available to serve the project. In add-
ition, the Planning Commission has added a condition that a note shall be placed on the final map that; build- ing permits may not be issued for the 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 o€ the public facilities
element? of the General Plan have been met insofar as they apply to sewer service for this project.
proval.
b) Park-in-lieu fees are required as a condition of ap-
c) A11 necessary public improvements have been provided or will be required as conditions of approval.
d) The applicant has agreed and is required by the incl-usion of an appropriate condition to pay a public facilities
fee. Performance of that contract and paym'cnt of the fee will enable this body to find that public facilities wil.1
be available concurrent with need as required by the Gen- eral Plan.
The proposed project-, is compatible with the surrounding fu- ture land uses since surrounding properties are designated for residential development on the General Plan.
This project as conditioned will not cause any significant environmcntal impacts and a ~ilcgattivc Declaration has bccn ' , issued by the Planning Director on November 12, 1981 and annrt-w~d bv the Planning Coinmission on December 23, 1981 e,
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6) This
a
s a con(
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)minium project consisting of an airspace sub-
division of existing buildings and no new buildings are pro-
posed, Therefore, the provisions o€ Section 20.16.015 of the
Carlsbad Municipal Code and Section 66473.1 of the Subdivi- sion Map Act regarding design for passive or natural heating
and cooling opportunities do not apply,
Conditions
General Conditions:
Approval is granted for CT 81-41/CP-187, as shown on
dated November 13, 1981, incorporated by reference and on
fife in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these condi-
t ions.
Exhibit “A1‘, Dated November 24, 1981 and Exhibits “B“ - ‘‘H“ I
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 th.e agreement executed by the applicant for pay- ment of said fee a copy of that agreement dated October 9,
1981, is on file with the City Clerk and incorporated herein by reference. application will not be consistent with the General Plan and
approval for this project shall be void.
If said fee is not paid as promised, this
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;
The applicant shall give notice of the conversion to all ten- ants as required by the Subdivision Map Act and 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 final map approval.
Planning
6) 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 approval of the final map.
7) The applicant shall establish a homeowner’s associat.ion and corresponding covenants, conditions and restrictions. Said
CC&R’s shall be submitted to and approved by the Planning
Departinent prior to final map approval.
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l?C RES0 81900 -3-
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8) Th.e applicant shall prepare a detailed laiidscape and irriga- tion plan which shall be submitted to ad approved by the Planning Director prior to the approval afI the final map.
All parking lot trees shall be a minimum of 15 gallons in
size.
A Master Pl-an of the existing on-site -t~&es shall be pro- vided to the Planning Department as part of the final grad-
ing plan to determine which trees shall be retained prior to the issuance of a grading permit or appraval of the final map, whichever occurs first.
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 conformance with the city's Sign Ordinance and shall require
review and 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 appraved 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 ..
Approval of this tentative tract map shall expire eighteen
months from the date of City Council approval unless a final map is recorded. An extension may be requested by the ap- plicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension,
the City Council may impose new conditions and may revise existing conditions
A detailed plan for all recreation areas shall be submitted to and approved by the Planning Director.. Approved
facilities shall be installed prior to approval of the final map.
A detailed landscape and irrigation plan fot erosion control of all slopes shall be submitted to and approved by
the Planning Dilcector. All landscaping and irrigation shall be installed prior to approval of the final map.
All improvements 'shown on approved exhibits shall be installed prior to approval of the final map.
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19) 2; e applicant shall provide relocation assistance equal to one month's rent to any existing tenants as required by Section 21.47 .I70 of the Zoning Ordinance.
- Engineering - Y
The grading for this project is defined as "controlled grad-
ing" by Section 11.06.l70(a) of the CarPsbad Municipal Code. Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliance of the work with the approved grading plan, submit required reports to the
City Engineer and verify compliance with Chapter 14.06 of the Carlsbad Municipal Code.
The developer shall pay the current local drainage area fee prior to approval of the final map or shall construct drain- age systems in conformance with the Master Drainage Plan and
City of Carlsbad Standards as required by the City Engi-
neer.
All private streets and drainage systems shall be maintained
by the homeowner's association in perpetuity. sibility shall be clearly stated in the CC&H's.
This respon-
No lot in this subdivision may be further subdivided. This note shall be placed on the final map.
A drainage plan for this site shall be prepared by the developer and subject to the approval of the City Engineer.
The plan shall indicate structures to be improved and
constructed prior to final map approval.
The existing fence along the top of slope above El Camino
Real shall be replaced prior to final map approval. Plans for a replacement €ence/wall shall be submitted to and
approved by the Planning Director prior to final map approval.
All slope setbacks, as required per city standard GS-14 shall be met. (These setbacks shall be shown on the
grading plan).
The developer shall provide access stairs down the slope adjacent to El Camino Real. on the gradj.ng plan.
This access way shall he shown
The curb opening along the westerly boundary shall be removed, and curb, gutter and sidewalk shall be constructed
along the westerly side of this access. shown on the grading plan and subject tobthe approval of the City Engineer.
This shall he
The. concrete rubble to the west of Building "F" shall he removed.
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The parking lot shall be repaved and repaired to the
satisfaction of the City Engineer prior to final map approval.
striping.
The developer shall, reconstruct the sidewalk at the corner of El Camino Real and Hosp Way. . All sidewalks shall be constructed as to provide adequate drainage away from the
units, .
PA soils report covering all existing slopes adjacent to the project shall- be prepared by a registered Civil Engineer
competent in the field of slope stability. shall be submitted to the City Engineer for approval.. The report shall specifically address the problem of superficial slope failures and contain recommendations for
the maintenance and repa.ir of these slopes. All plans and specifications developed pursuant to the recommendation of
the soil report shall be submitted to the City Engineer for review and approval. shall be accomplished prior to final map approval.
Said work shall also include sealing and
Tilis report
The repair of the existing slopes
All improvements required by the above conditions shall be
constructed and approved by the City Engineer prior to final map approval.
;\ire Department
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Access to the upper level parking lot shall be designed to provide access to fire fighting equipnent.
The homeowner's association shall be responsible for the
maintenance of all private on-site fire protection equipment and devices.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on
the 23rd day of December, 1981, by the following vote, to wit:
AYES:
NOES:
ABSENT :
ABSTAIN :
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MARY MARCUS, Chairmall
CARLSDAD PLANNING COMMISSION ATTEST :
- JAMES C. HAGAMAN, Sccrctary