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HomeMy WebLinkAbout1982-07-06; City Council; Resolution 6929RESOLUTION NO. 6929 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP (CT 81-37) AND MOBILE HOME PARK PERMIT (MHP 81-1) FOR 20 UNITS ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL, 600 FEET EAST OF THE COUNTRY STORE. APPLICANT: ANDERSON CASE NO. CT 81-37/MHP 81-1. WHEREAS, on May 26, 1982, the Carlsbad Planning Commission adopted Resolution No. 1958 recommending to the City Council that Tentative Tract Map (CT 81-37) and Mobile Home Park Permit (MHP 81-1) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on June 15, 1982, held a public hearing to consider the recommendations and heard all persons interested in or opposed to Tentative Tract Map (CT 81-37) and Mobile Home Park Permit (MHP 81-1); and WHEREAS, an Environmental Impact Report EIR 81-1 has been prepared for said Tentative Tract Map and Mobile Home Park Permit and has been certified in compliance with the requirements of the California Environmental Quality Act and 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. The the above recitations are true and correct. B. That the findings of the Planning Commission in Resolution No. 1958 constitute the findings of the City Council in this matter. C. That said Tentative Tract 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. i'- 4 D. That Tentative Tract Map (CT 81-37) and Mobile Home Park Permit (MHP 81-1) 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. 1958, dated May 26, 1982, 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 6th day of July -- - - , 1982 by the following vote, to wit: AYES : Council Mer Casler and Kulchin NOES: Council Itder Lewis ABSENT: Council -er Chick ABSTAIN: Council lkn%er hear c- & ' d @&% MARY HJCASLER, Mayor ATTEST : ( SEAL ) 2. @ESOLUTION NO. 6929 PIANNING COXFIISSLON RESOMJTION NO. 1 958 ..I_- ---^ - . A RESOLUTION OF THE PI,F!NNING COMl.’rISSI:ON OF THE CITY OF CARLSBAD CALIFORNIB. RECOWIENDING APPRDVAL OF A 20 GXIY. TEETATIVE TRACT MAP AND MOEILE HOI4E PARK L’ERXIT ON PROPERTY GENERALLY .J-tOCATED ON THE \~“IEST SIDE OF Er, CANINO REAL, 600’ EAST OF TEE COUNTRY S‘i’ORE . CAbZ 1.70: CT 81-3?/14NP 81-1 ’ API’LI C;FLNT : ANDEXSON ------ .--- WHEREAS, a v’erijr’ied application for certain property to $it: t That portion of Parcel 2 and 3 of Map 3451, County of S;ln Diego, filed January 31, 1975 tas bccn filed with the city of Carlsbad, and referred to the >2 anning Commission; and WHEREAS, said verified application constitutes a req\rest a~ xovided by Tit1.e 21 of the Carlsbad.Municipa1 Code; and WEREAS, the Planning Corr;missidrt did, on ttie 26th day of Jay, 1982, hold a duly noticed public hedring as prcscribcd by Izv ;o consider said request; and IiifiERZAS, at said public hearing, upon hearing and- mrrsic‘teriny all testimony and argummt-s, if any, of all persons ?csirj.r?g to be heard, said Conniissj.on considered all factors relating to the Tentative Tract €4ap .and Mobile Eome Park Permit. -. EXHIBIT A Ji< h”; THEREFORE, BE IT HEREBY RESOLVED by the Planning .. 3ommlssion as follows: 4) That the’ above recitations are true and correct. 3) Tnat based on the evidence presented at the public hearing, the Ccmmj.ssion recommends AT’PRQVAL of CT 8 1--37/1~l€IP 8 I--7, based or: the following findings and subject to the following conditiozs:. ’indings: 1) The project is consistent with the city’s General Plar: since the proposed density of 4 du’s/ac!re is within the density rsnqc of O-Z~du’s/Acre specified for the si!:? as indicated on the Itand Use t2lemcnt of the General Plan. . .. I/ 3. 0 i 12) I The site is physically suitable for the type and density of th developsent since the site 3.s adequate in size and shape to -0 accoininctdate residential developnen'c at the density proposed. 2l Performance of that contract and payment oE the fee will enable this body to find that eublic facilities will be 19 2o €1 Assurances have been given that adequate sever for the project will be provided by the city of Carlsbad. I i I . 22 23 24 Cond i..t ions.: 25 // _I residentia.1 development on the General Plan, 5) An Environmental Impact Report - (EIR 81-10) has been certified for this project, therefore, the Pl&-ming Coxmission finds that this project meets all requirements of the CarZsbad Environmental Protection Ordinance. i - 26 2 7. 28 I/PC RESO NO, 1958 ' I) Approval is granted for CT 81-37/MHP 81-1, as shown on Exhibit(s) AP B ti C, dated August: 31, 1981, incorporated by reference and on file in the Planning Department, Developvend shall occur substantially as shtiwn unless otlierwise noted ln ! i these conditions. -2- I y' t%s ' TC 3-3 1'; This project. is' approved upon the express condition that the final 'map shall not he approved unless kine City Comcil finds as of the time of 'such approval that sewer service is availaSic to serve' the subdivision. This project is approved upon the express condition that building permits will not he issued for devef.oy?ment'of the . sEbject property unless the City Engineer determines that seweil facilities are available at the time of application for such sewer pelrrnits 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 a-pplicant shall pay a public facilities fee as required by Cik~ Council Policy No. 17, dated August 29, 1979, on file with tkc City Clerk and incorporated herein by reference, and accordinn to the agreement executed by the zp2licant for payment of said fee a copy o'f.that agreement dated August 26, 1981, is on file with the City Clerk and incorporated herein by rer'erence. If said fee is not paid as promised, this application will not be consistent with the General. Plan .sild approval for this project shall be void, The applicant-shall pay park-in-lieu fee5 to the city, prior ti the approval of the filial map as required by Chapter 20.44 of the Carlsbad Kunicipal Code. Approval of this request shall not excuse conpliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. .. -. -\ I) The a.p?;icant 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. €3) The applicant -shall establish a homeowner's association and eo-{responding covenants, conditions and restrictions. Said CC6K's shall be submitted to and approved by the Planning . ~epartrfient prior to firm1 map approval. 9) The applicant shall prepare a detailed landscape and irrigatior plan which shall be submitted to and approved by the Planning Director prior to the j-ssuance of building permits. Said plans shall ihelude a dense tree screen along the southern property line to screen this project from adjacent residences. thriving condition, free from weeds, trash, and debris, 10) A11 landscaped areas shall he maintained in a healthy and I/// .. -3- 'I 2 .. @ I\.ny sjyns proposed for this development shall be designed in conform.ance' with .the city's Sign 0rdi.nance and shall requi.re review and approval of the Planning Department prior to in- stal-lation of such signs, Trash receptacle areas shall. be encllosed by a 6 foot high inasonry wall with gates plJrsuant. to city standards.' of said receptacles shall be approved by the Planning Director. . ~ocation All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from vie:? and the Souu buffered from acijacent proprties and streets to the satisfaction of the Planning Departinent and Building Director. Tlhe applicant shall submit a street name list consistent with the city's street nam2 policy subject to the Planning r>lxector'-s approval prior to final map approval. Approval of Tent-ative Tract No. CT 81-37 is granted subject tc approval of Zone Change 247. Approval 'oE this tentative tract inap shall expi re twenty-four months froin t.he date of Cigy Council approval unless a final map is recorded. plicant. discretion of the City Council. In approving 'an extension, tf City Col~ncil rriay impose new conditions and may revise existin; conditions. The design materials and relat-ed landscaping of the 6O bloc?< .r;alS. along El Camino Real shall be stzbject to the approval GF the Planning Director prior to the issuance of a buj-XdinG perzit. The design suggestions stated in the Environmental Impact Report (p.24) shall be incorporated into the design. An ektension may he requested by the ap- Said extension sha.ll be approveti or denied at the --2A--.--- Enainaering Department I$} The developer'shall obtain a grading permit prior 'io the commencement of any clearing or grading of the site. 19). The.gradj.ny of this site shall he nodified pursuant to mitigation measure 113 of the ____I_-_ Aesthetics section (p.24) of the . Environmental Impact Report. A revised grading plan shall be submit-ted to and approved by the Cigy Engineer and Planning Director pric?r to issuance of a grading permit. 20) Tho grading for this project is defiried a5 "control~led gradin1 by Section 11 .OG. 170( a) of the Carlsbad Municipal Code. Grac?ing shall be pcrgormcd under thc'ohscrvation of a civil engineer: whose responsibility it shall b2 to coordinate site inspection arid tcstinq to insure coixpliance of the work with the zpproved grnding pldn, submit rccr,\iired reports to the Cit Engineer: and verify compliance with Chaptcr 11.06 of the Carlsbad Municipal Code. IC? Fg YC wso MO. 1958 -4- t .. No grading shalj. occur outside the limits of the subdivision unless a.lctter of, permission i.s obtained from the owners 05 the affected properties. Addit tonal drainage easements and drainage structures shall SE provided or i.nstallecf as 11ia.y be required by the County . . Department of Sanitation and Flood Control or the C'ity Engi- neer. Direct access rights for all lots abutting El Camino Real shal be waived on the final rnap except f.or Oile 39-foot driveway . opening. Said driv.eway access shall be designed subject to the approval of the City Engineer, All public streets shal.1 he improved by the developer based 01 the typical sections shown on the tentative map and in conformance with City of Carlsbad Standards prior to occripanc: of any bcrildiizcjs. The developer shall install street lights along all public street frontages in- conformance yith City of Carlshad Stiiridards, Ligf-its shall have -the "mission bell" type f ixtctre The developer. shall bond fpr 1/2 the cost of the median islanc on El Carilino Real. The median shall be included in the inprovenent plans for El Carnino Real. %'he median shall be constructed upon notification b.y the City Engineer to do EO. The developer shall comply with all the ru3.e~~ regulations ant design requirements of the respective sewer and water agencie, regarding services to the project. All private streets and drainage systems shall be maintained 1 the honeowner's association in perpetuity. This respcnsibili shall he clearly stated in the CC&R's. All concrete terrace drains shall be mai-iitained by the home- owner's association (if on commonly owned property) or the j.ririividua1 pronerty owner (if on an individual.ly. owned lot 1 i perpetuity- identifying the responsibility shall he placed in the CC6rR's. An appropriately worded statement clearly i 30) Prior to or concurrent with the final map, an adjustment plat shall he filed revising the lot line between parcels 2 and 3 of parcel map 3451 subject to the approval of the City E ng i. ne e r . 31) Pursuant to the provisions of Sectj-on 20,20.050(1) of the Carlsbad Municipal Code, a parcel map may be' filed in'iicu of a final nlap. Whcncvcr reference is madr in these conditions to a final. inap, the reference shall apply also to a parcel ma filed in lieu thereof. //// .. ///I/ PC RES0 NO, 1958 -5- * I I,, . + -1 2 3 4 5 6 7 8 9 . IG 13 12 3- c. 34 1: 3.E 3. 'i 1E 15 2c 27 r. 7 2; 2f 26 2c 2'; 2E e Fire _______ Department: ____ ___- 32) 33) Additional public and/or on-site fire hydrants are required. All required fire hydrants, water mains and appurtenances shal be operational prior to combustible building materials being locatccl on the project site. All fire alarm systems, firc hydrants, extinguishing systeins, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approva' prior to construction. 34) PASSED, APPROVED AND ADOPTCD at a regular meeting of the Planning Commission of the city of Carlsbad, California, held pJn t' 26th day of Mzy,'l982, by the foliowing vote, to wit: AYES: Ch;tirman Farrow; Commissioners Schlehuher .. Rombotls, Friestcdt, and Raw1i.m NOES': Nofie ABSENT: Comixissioners IJifarcus and ~dse ABSTAIN: None ' I PC RESO NO. 1958