HomeMy WebLinkAbout1982-10-19; City Council; Resolution 7039. ".
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RESOLUTION NO. 7039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 40 LOT/490 UNIT TENTATIVE TRACT MAP (CT 82-15) AND CONDOMINIUM
PERMIT (CP-2 12) ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CORTE DE LA VISTA, EAST OF ALICANTE ROAD. APPLICANT: DAON CORPORATION/CT 82-15/CP-212
WHEREAS, on August 25, 1982, the Carlsbad Planning
Commission adopted Resolution No. 2013 recommending to the City
Council that Tentative Tract Map (CT 82-15) and Condominium
Permit (CP-212) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
October 5, 1982, held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Tract Map (CT 82-15) and Condominium Permit
(CP-212); and
WHEREAS, said Tentative Tract Map and Condominium
Permit have been declared to have a nonsignificant impact on the
environment and a Negative Declaration was prepared and filed on
August 9, 1982 in compliance with the requirements of the City
of Carlsbad Environmental Protection Ordinance of 1980 and the
California Environmental Quality Act;
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. 201:3 constitute the findings of the City Council
in this matter.
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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.
D. That Tentative Tract Map (CT 82-15) and Condominium
Permit (CP-212) 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. 013, dated August 25, 1982, marked Exhibit A,
attached hereto and made a part hereof, with the exception of
condition numbers 20 and 47 which have been amended to read as
follows:
Condition #20: "All grading equipment shall be
maintained in top operating condition with adequate ~- - mufflers to mitigate noise impacts. On site maintenance of equipment shall be limited to the hours of 7:30 a.m. to 8:OO p.m., Monday through Saturday."
Condition #47: "Prior to final map approval the developer shall construct the north half of Alga Road from Alicante Road to El Camino Real. Prior to final map approval the City may initiate special assessment
district proceedings for said road and developer shall
agree to consent to the formation of the district. If
such proceedings are consumated prior to final map
approval developer is relieved from his obligation to
construct the road in return for his participation in
the district. If the City chooses not to initiate the district the City Council may elect to accept a secured agreement from developer for construction of the road
provided such agreement provides for the construction within six months of the date the final map is approved. I'
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to wit:
ATTEST:
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
19th day of October , 1982, by the following vote,
AYES:
NOES: None
ABSENT:
Council Members Casler, Lewis and Chick
Council Pmbers KdChin and Anear
d &A
ASLER, Mayor
(SEAL)
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0 EXHIBIT A
RESOLUTION NO. 7039
PLANNING COMMISSION RESOLUTION NO, 2013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSRAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
40 LOT TENTATIVE TRACT MAP AND A 490 UNIT CONDOMINIUM
OF CORTE DE LA VISTA, EAST OF ALICANTE ROAD.
APPLICANT : DAOM CORPORATION
CASE NO.: CT 82-15/CP-212
PERMIT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
WHEREAS, a verified application for certain property to
Parcel 2 of Parcel Map 11722 in the city of Carlsbad according to Document No. 81-322184 recorded on October
9, 1981.
?it:
WHEREAS, said verified application constitutes a request
IS provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 25th day of
iugust, 1982, hold a duly noticed public hearing as prescribed by
Law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
:onsidering all testimony and arguments, if any, of all persons
lesiring to be heard, said Commission considered all factors
:elating to the Tentative Tract Map and Condominium Permit.
NOW THEREFORE, BE IT HEREBY RESOLVED by the Planning
:ommission as follows:
i) That the above recitations are true and correct.
i) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 82-15/CP-212, based on the following findings and subject to the following conditions:
'indings -
) The project is consistent with the city's General Plan since thi proposed density of 12.5 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.
I) 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.
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project is consistent with
ordinances s ince :
The Planning Commission ha
condition to this project,
i)
all city public facility policies(
, by inclusion of an appropriate
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, thc
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 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 Plan have
been met insofar as they apply to sewer service for this project.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or wi be required as conditions of approval.
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.
School fees will be paid to ensure the availability of
school facilities.
Assurances have been given that adequate sewer €or the project will be provided by the Leucadia County Water
District.
The proposed project is compatible with the surrounding existing and future land uses since surrounding properties are
designated for residential development on the General Plan.
A Conditional Negative Declaration has been issued by the Land
Use Planning Manager on August 9, 1982 and approved by the Planning Commission on August 25, 1982.
This project complies with the Planned Development Ordinance and is consistent with the Design Guidelines Manual.
:ond i t ions :
I) Approval is granted for CT 82-15/CP-212, as shown on Exhibit(s)
"A" through "O", dated August 5, 1982, and Exhibit "P", dated June 25, 1982, incorporated by reference and on file in the Laiii
Use Planning Office. DevelopKent shall occur substantially as shown unless otherwise noted in these conditions.
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This project is approved ~pon the express condition that the final map shall. not be approved unless the City Council finds a: of the time of such approval that sewer service is available 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 April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated June 21, 1982, is on file
with the City Clerk and incorporated herein by reference. If
said fee is not paid as promised, this application 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 issuance.
Land Use Planning Office
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 Land Use Planning Manager prior to the issuance of building permits.
The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Land Use Planning Office prior to final map approval.
The, applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and appr0ve.d by the Land Use Planning Manager prior to the issuance of building permits. Said landscape plan shall indicate special treatment within and
between the buildinqs contained within the hillside units and along Corte de la Vista to screen the parking structures from
this street.
10) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
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11) A detailed plan of the private recreation areas of the trails
and split level units shall be submitted to and approved by the
Land Use Planning Manager prior to the recordation of the final map.
12) The garage structures for the Trails Units shall be set back a
minimum of 5' from the private driveways.
13) 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 Land Use Planning Office prior to
installation of such signs.
14) 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 Land Use Planning Manager and Building and Planning Director.
15) The applicant shall submit a street name list consistent with
the city's street name policy subject to the Land Use Planning Manager's approval prior to final map approval.
subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench, frec from advertising and a pole for the bus stop sign. The bench
and pole shall be designed in a manner so as to not detract froi
the basic architectural theme of the project and said design shall be subject to the approval of the Land Use Planning Manager and North County Transit District,
16) The project shall provide bus stop facilities at locations
17) Approval of Tentative Tract No. CT 82-15/CP-212 is granted
subject to approval of Zone Change 262.
18) Approval of this tentative tract map shall expire twenty-four
months from the date of City Council approval unless a final ma] is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion oE
the City Council. In approving an extension, the City Council
may impose new conditions and may revise existing conditions.
19) Notification shall be given to the residents in the project located adjacent. to the off-site grading disposal site prior to the start of hauling operations. This n0tic.e shall be given at least 30 days prior to the start of operations and shall contaii
the name of a contact person to contact in case of complaints or violation of off-site grading conditions.
20) All grading equipment shall be maintained in top operating
condition with adequate mufflers to mitigate noise impacts.
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21) The off-site grading operation shall not be conducted during
Santa Ana conditions or conditions of high winds from an easterly direction from the site toward existing residences.
22) The grading operation shall not be conducted on weekends or holidays.
23 1 The City Engineer and/or the Land Use Planning Manager shall
have the authority to shut down the off-site grading operation should the grading contractor not fulfill any of the conditions contained herein. The applicant shall have the grading contractor sign an acknowledgement of the conditions. During
any time that the operation is shut down pursuant to this
condition, the applicant shall do whatever erosion control mechanisms are deemed necessary by the City Engineer.
Engineering Department -
The developer shall obtain a grading permit prior to the com- mencement of any clearing or grading of the site.
The grading for this project is defined as "controlled grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. Gradin1 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 11.06 of the Carlsbad Municipal
Code.
Upon completion of grading, the developer shall insure thzt an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geoloqic corrective measures as actually constructed and must be based on a contou
map which represents both the pre and post site grading. This
plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record.
No Grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of
the affected properties.
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.
All land and/or easements required by this project shall be
granted to the city, without cost to the city, free and clear of all liens and encumberances.
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Except as shown on the tentative tract map (Exhibit 'A'),
direct access rights for all lots abutting Alicante Road and
Corte de la Vista shall be waived on the final map.
The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards (La Costa Standards).
The developer shall install street.trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees shall
be of a variety selected from the approved Street Tree List.
The developer shall install sidewalks along all public street
frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance wi--::i Citj
of Carlsbad Standards prior to occupancy of any buildings.
The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
The design of all private streets and drainage systems shall bc
approved by the City Engineer prior to approval of the final map. The structural secti.on of all private streets shall- conform to City of Carlsbad Standards based on R-value tests.
All private streets and drainage systems shall be inspected by
the city and the standard improvement plan check and inspectior
fees shall be paid prior to approval of the final map.
All private streets and drainage systems shall be maintained b; the homeowner's association in perpetuity. This responsibilit;
shall be clearly stated in the CC&R's.
All concrete terrace drains shall be maintained by the home-
owner's association (if on commonly owned property) or the
individual property owner (if on an individually owned lot) in
perpetuity. An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's.
The developer shall insure that there is stringent dust
control at a1.1 times and that the adjacent public streets are
cleaned of dirt and debris daily during all phases of the
grading and construction activities.
The developer shall install and maintain a temporary
irrigation system on the off-site fill area until such time as
the city Engineer has determined that the hydroseed landscaping has been established.
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The developer shall post a cash bond with the City to ensure
the replacement and/or repair of the public street section at the locations where the off-site grading haul road crosses public streets.
The developer shall conduct the grading haul operations only
between the hours of 7:30 AM and 4:OO PM and shall provide
adequate flagman control at all times at the haul route . crossings of public streets.
The off-site grading operation shall be accomplished in one
operation. No grading shall be allowed during weekends or holidays, during Santa Anas or conditions of high winds or during the rainy season (Nov. 16 to April 15).
After the grading operations are complete all off-site grading areas and haul routes shall be restored as near as possible to
the existing conditions.
Prior to the start of the off-site filling operation the developer shall install a temporary desiltation basin at the low end of the drainage course adjacent to the proposed fill site, The developer shall enter into the city's standard secured maintenance agreement prior to the issuance of a
grading permit.
Prior to the approval of the final map the developer shall
submit a detailed parking layout for the City Engineer's review and approval. Should the layout be found deficient the
developer shall modify the design to the satisfaction of the City Engineer and the Land Use Planning Manager.
Prior to the approval of the final map the developer shall
provide for the installation of the North half of Alga Road
from Alicante Road to El Camino Real. The road shall be constructed prior to occupancy of the one hundred and first
unit of the project.
Water shall be provided by the City of Carlsbad unless some
other arrangement is approved by the City Council.
Fire Department
49) Additional public and/or on-site fire hydrants are required.
50) Submit two (2) copies of a site plan showing locations of
existing and proposed fire hydrants and on-site roads and
drives. I
51) An all weather access road shall be maintained throughout
construction.
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PC RES0 NO. 2013 -7-
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All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site.
Any proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire Department.
All private driveways shall be kept clear of parked vehicles ai all times, and shall have posted "NO Parking/Fire Lane Tow Awa]
Zone'' pursuant to Section 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.
The developer shall provide a system of addressing or building identification as approved by the Fire Chief.
Parks and Recreation
57) Street trees to be planted 12 feet back from curb and species to be approved by the Parks and Recreation Department.
58) Open space area to be hydroseeded with native drought tolerant
seed mix and prepared before seeding.
59) Detailed landscape and irrigation plan is required for Parks
and Recreation Department approval.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on
the 25th day of August, 1982, by the following vote, to wit:
AYES: Commissioners Marcus, Friestedt, Jose
NOES : Conmissioners Rombotis, Rawlins
ABSENT : Chairman Farrow, Commissioner Schlehuber
ABSTAIN: None
ATTEST
Pro Tem, Chairman
COMMISSION
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ZARLSBAD PLANNING C~MMISSION -
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