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HomeMy WebLinkAbout1983-04-05; City Council; Resolution 7179I 2 4 E E 'i E s 1c 11 12 D U 0 le 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 82-18) AND CONDOMINIUM PERMIT CP-214 ON PROPERTY GENERALLY LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON BETEEM CARLSBAD BOULEVARD AND THE AT & SF RAILROAD. APPLICANT: SAMMIS PROPERTIES CASE NO.: CT 82-18/CP-214 WHEREAS on February 23, 1983, the Carlsbad Planning Commission adopted Resolution No. 2087 recommending to the City Council that Tentative Map CT 82-18 and Condominium Permit CT-214 be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on March 15, 1983 held a public hearing to consider the recommendations and heard all persons interested in or opposed to Tentative Map CT 82-18 and Condominium Permit CP-214; and WHEREAS, an Environmental Impact Report EIR 82-4 was prepared for CT 82-18 and CP-214 and certified as complete in satisfaction of 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 Resolution No. 2087 constitute the findings of in this matter. /// /// /// Commission in the City Council 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Map (CT 82-18) and Condominium Permit (CP-214) 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. 2087, dated February 23, 1983 marked Exhibit A, attached hereto and made a part hereof, with the exception of General Conditions Nos. 19 and 42 which have been revised to read as follows: 19. The developer shall grant an open space easement over that portion of the property within the open space zone (Lot #3) and over the property designated open space easement in Exhibit rrErr, dated February 9, 1983. This entire area shall be considered a wildlife preserve, allowing only pedestrian trails, erosion control structures, underground easements, and view points, as approved by the Land Use Planning Manager. This easement shall be dedicated prior to final map approval. Any improvements located within this area shall be maintained by the homeowners association and a statement so indicating this shall be included in the C.C. & R.'s. 42. Prior to final map approval, the applicant shall enter into an agreement satisfactory to the City Council providing for the construction of the Avenida Encinas bridge crossing the AT&SF Railroad. /// /// /// /// /// /// /// 1 2 3 4 5 6 7 E 9 1c 11 1E 2( 21 2: 2; 21 2: 2f 2: 2t PASSED, APPROVED AND ADOPTED at a regular meeting Of the City Council of the City of Carlsbad, California, held on the 5th day of April , 1983, by the following vote, to wit: AYES: Council Im-bers Casler, IRwis, Kulchin, Chick and Prescott NOES: None ABSENT: None ATTEST : I MARY H. BASLER, Mayor l2LcbLL RRct- ALETHA L. RAUTENKaNZ, City Cler 1 1 1 1, li 3I 3' 1t 1: 2( 23 22 22 24 25 26 27 28 RESOLUTION NO. 717 - 0 e PLANNING COMMISSION RESOLUTION NO. 2087 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSRAD, CALIFORNIA RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON BETWEEN CARLSBAD BOULEVARD AND THE AT & SF RAILROAD. APPLICANT: SAMMIS PROPERTIES CASE NO.: CT 82-18/CP-214 . WHLIIEAS, a verified application for certain property to2 uit: A portion of the west half of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian in San Diego, CA. ias been filed with the City of Carlsbad, and referred to the ?lanning Commission; and WHEREAS, said verified application constitutes a request 1s provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS,, the Planning Commission did, on the. 23rd day of pebruary, 1983, hold a duly noticed public hearing as prescribed bi .aw to consider said request: and . WHEREAS, at said public hearing, upon hearing and !onsidering all testimony and arguments, if any, of all persons iesiring to be heard, said Comnission considered all factors .elating to the Tentative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 'ommission as follows: ,) That the above recitations are true and correct. ) That based on the evidence presented at the public hearing, the Commission recomrnends APPROVAL of CT 82-18/CP-214, based on the following findings and subject to the following conditions: /// . 1 2 3 4 5 6 7 8 9 3-0 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 0 indings: /// The project is consistent with the city's General Plan since the proposed density of 19.6 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. 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. The project is consistent with all city public facility pol- icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate 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 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, and 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. b)l School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified school district, b)2 The Carlsbad Scho.01 District has written a letter, dated February 18, 1983, stating that school facilities will be available to this project. c) Park-in-lieu fees are required as a condition of approval. d) All necessary public improvements have been provided or will be required as conditions of approval. e) Assurances have been given that adequate sewer for the The proposed project is consistent with the city's Planned Development Ordinance and also complies with the Design Guidelines Manual. project will be provided by the city of Carlsbad. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. /// C RES0 NO. 2087 02 s 1c 11 12 12 14 1: le 17 18 19 20 21 22 23 24 25 26 27 28 That all significant impacts have been mitigated, the project has been changed so s to mitigate these impacts, or social OK economic factors exist which override these significant impacts as described below: A) Agricultural Resources Impact: The proposed project would result in the loss of 75 acres of agricultural land. Mitigation: the loss of agricultural land is a significant impact. Under the City of Carlsbad Interim Agricultural Policy, however, it is not. The impact is overridden by the need for this type of housing in Carlsbad and by agricultural preservation programs implemented by the Coastal Commission. Under the County and LAFCO guidelines B) Traffic Circulation Impact: Traffic from the project would incur a potential safety hazard due to the inadequate length of the southbound ramps at the Carlsbad Boulevard/Ponto Drive interchange. Mitigation: condition of approval of this tentative map. These ramps will be lengthened per C) Archaeological Resources Impact: The project would result in a significant impact on an identified archaeological site, Mitigation: excavation and documentation of the site, if warranted, will be performed. A limited testing program followed by D) Air Quality . Impact: The project is considered to have an adverse impact on the attainment of acceptable regional air quality based on RAQS population projections presently in effect. Mitigation: for the City of Carlsbad overrides this impact. The need to provide appropriate housing E) Hydrology . Impact: Potential lagoon sedimentation impacts could result from development of the site. Mitigation: Conditions of approval have been placed on this tentative map which will control sediment deposit. These include a desiltation basin and othe drainage structures. F) Biological Resources Impact: The project includes six tennis courts on the lowland flat adjacent to the lagoon which will significantly affect the nesting habits of two sensitive bird species on the site. Mitigation: These six tennis courts have been deleted from the plan. PC RES0 NO. 208'7 .3 1 2 3 ,4 5 10 11 12 13 14 15 . 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a G) Visual Resources Impact: The project buildings are large in scale and mass as viewed from Carlsbad Boulevard. Mitigation: The project has been redesigned so as to open up the buildings to allow views through to avoid the appearance of massive buildings. Conditions: Approval is granted for CT 82-18/CP-214, as shown on Exhibit(s) A, 3, C, D, E, F, G, and H, dated February 9, 1983, incorporated by reference and on file in the Land Use Planning office. Development 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 availabl 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 sewe 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 Cit 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 February 14, 1983, 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 t the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. . The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application, Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance (including height restrictions) and all other applicable city ordinances in effect at time of building permit issuance. Water shall be provided by the city of Carlsbad unless some other arrangement is approved by the City Council. PC RES0 NO. 2087 04 E 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ,24 25 26 27 28 0 e 1 and Use Planning 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. These CC&R's shall include the condition that the open space easement area that is within the RD-M zone shall be maintained by the homeowners in perpetuity. Said CC&R's shall be submitted to and approved by the Land Use Planning Manager prior to final map approval. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. A 500' scale map of the subdivision shall be submitted to the Land Use Planning Manager prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. 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 ir, conformance with the city's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs. Trash receptacle areas shall be enclosed by a &foot high masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Land Use Planning Manager. 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, Approval of Tentative Tract No. CT 82-18/CP-214 is granted subject to approval of Zone Change ZC-260 and the approval of the annexation of this property to the City of Carlsbad. Prior to the issuance of a grading permits, the archaeological site on the property shall be investigated as recommended on Pages 3-31 and 3-32 of the Draft Environmental Impact Report for the site dated September, 1982. /// C RES0 NO. 2087 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 - 16 17 3-8 19 20 21 22 23 24 25 26 27 28 19) !O ) 0 a The developer shall grant an open space easement over that portion of the property within the open space zone (Lot #3 and over the property designated open space easement in Exhibit '*E", dated February 9, 1983. This entire area shall be considered a wildlife preserve, allowing only pedestrian trails, erosion control structures, underground easements, and view points, as approved by the Land Use Planning Manager. This easement shall be dedicated prior to final map approval. The developer shall construct a meandering walkway along the . western property line from the condominium project to the Carlsbad Boulevard bridge over San Marcos Creek. The east side of this walkway should be landscape screened to prevent pedestrian traffic from interfering with bird nesting on the lowland flat. Sns ineerina : 21 ) !2) !3) 24) 25) 26) This subdivision 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 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 capacity is available at the time of application for such permits and will continue to be available unti1,tine of occupancy. This note shall be placed on the final map. The developer shall obtain a grading permit prior to the commencement 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. 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 11.06 of the Carlsbad Municipal Code. Upon completion of grading, the developer shall insure that 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 geologic corrective measures as actually constructed and must be based on a contour 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 fihn 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. ?C RES0 NO, 2087 6. [CJ 3. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 28 e Prior to the issuance of a grading permit, the haul route shall be submitted for review and approved by the City Engineer, A separate grading plan shall be submitted and approved 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. The developer shall construct desiltation/detention basins of t type and size and at locations as approved by the City Engineer. The developer shall enter into a desiltation basin maintenance agreement and submit a maintenance bond satisfactory to the City engineer prior to the approval of the final map for this project. Each desiltation basin shall be serviced by an all weather access/maintenance road. The provisions of this agreement shall apply to any off-site borrot sites which may be utilized in the construction of this project as required by the City Engineer. The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hour: duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duratiori under existing developed conditions. 30th 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Avenida Encinas shall be dedicated by the developer along the subdivision frontage.based on a right-of-way width of 84 feet and in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 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. 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 occupancy of any buildings. Avenida Encinas shall be improved by the developer along the subdivision frontage based on a curb-to-curb face width of 64 feet and in conformance with City of Carlsbad Standards prior to occupancy of any buildings. The developer shall install street lights along all public frontages in conformance with City of Carlsbad Standards. //// PC RES0 NO. 2087 7. fI 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 28 e e 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 with Cit: 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 developer shall re-construct the south bound offramp and the south bound onramp to Carlsbad Boslevard in accordance with City of Carlsbad Standards prior to occupancy of any buildings. The re-construction shall also include all signs and stripping necessary to merge on and off Carlsbad Boulevard. If Avenida Encinas is downgraded from a secondary arterial to a collector the design as shown on the tentative map may be used. Otherwise the centerline curve radius at the railroad crossing must be a 550’ minimum. Prior to final map approval, the applicant shall enter into an agreement with the City of Carlsbad to participate in and not oppose the formation. of a private or public assessment districi for the sole purpose of the design and construction of the Avenida Encinas bridge crossing over the AT & SF Railroad easement. .-- A temporary turnaround, offset to the north, shall be constructed at the easterly terminus of this project. The design of all private streets and drainage systems shall bt approved by the City Engineer prior to approval of the final map. The structural section 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 inspection 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, //// PC RES0 NO. 2087 8, 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 28 e 1. 46) Approval of this tentative tract map shall expire twenty-four months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, th City Council may impose new conditions and may revise existing conditions. Fire Department: Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshall. The applicant shall submit two (2) copies of a site plan showing locations of existing.and proposed fire hydrants and o site roads and drives subject to the approval of the Fire Marshall. An all weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shal be operational prior to combustible building materials being located on the project site. Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire De- partment . . ... All private driveways shall be kept clear of parked vehicles a all times, and shall have posted "NO Parking/Fire Lane Tow Awa Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. Fire retardant roofs shall be required on all structures. -. - 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. Due to the distance of the project from existing fire stations, all structures shall be fully protected by an automatic fire sprinkler system. Parks and Recreation 56) All manufactured slope areas shall be hydroseeded by a hydroseed mix approved by the Director of Parks and Recreation. //// PC RES0 NO. 2087 e9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 * 16 17 18 39 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 23rd day of February, 1983, by the fOllQWing vote, to wit: ATTEST AYES: Chairman Schlehuber, Commissioners Marcus, NOES : None. ABSENT: Commissioners Farrow and Friestedt. Rombotis, Jose and Rawlins, ABSTAIN: None. CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION LAND USE PLANNING MANAGER ..-. . -.. - PC RES0 NO. 2087 e10 8 0 ..