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HomeMy WebLinkAbout1983-04-05; City Council; Resolution 71801 2 3 4 5 6 7 a 9 10 11 19 2c 21 22 2: 24 22 2c 27 28 RESOLUTION NO. 7180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 12 LOT/120 UNIT TENTATIVE TRACT MAP (CT 83-1) AND CONDOMINIUM PERMIT (CP-226) ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF EL CAMINO REAL AND LEVANTE STREET. APPLICANT: SHAPPELL INDUSTRIES CT 82-15/CP-212 WHEREAS, on February 23, 1983, the Carlsbad Planning Commission adopted Resolution No. 2082 recommending to the City Council that Tentative Tract Map (CT 83-1) and Condominium Permit (CP-226) be 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 Tract Map (CT 83-1) and Condominium Permit (CP-226); 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 February 14, 1983 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. 2082 constitute the findings of the City Council in this matter. /// /// 2 2 a 4 E E 'i E s 1c 11 li 9 19 2c 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 Tract Map CT 83-1 and Condominium Permit CP-226 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. 2082, dated February 23, 1983 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 5th day of April , 1983 by the following vote, to wit: hyEs : NOES : ABSENT: None Council "hers Casler , Lewis, Kulchin, Chick and Prescott None MARY H. gASLER, I Mayor ATTEST : (SEAL) 2. 3 5 2 3 4 5 6 7 8 9 10 3.1 12 13 14 15 16 3.7 5-8 19 20 21 22 23 24 25 26 27 28 0 PSSOLUTION NO. 7180 PLANNING COMMISSION RESOLUTION NO. 2082 A RESOLUTION OF 'rm PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A 12-LOT/l20-UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERPlIT ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF EL CAMINO REAL AND LEVAWTE STREET. APPbICANT: SilAPELL INDUSTRIES - CASE NO: CT 83-1/CP-226 WHEREAS, a verified application for certain property, to wit: Lots 226 and 227 of Tract No. 75-7 according to Map thereof No. 8379 filed September 14, 1976. has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request a provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 23rd day of February, 1983, 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; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, th Commission recommends APPROVAL of CT 83- 1/CP-226, based on the following findings and subject to the following conditions: Findings: 1) The proposed density of 15 du's/acre can be justified in this General Plaq category of RMH (10-20 du's/acre) since: a) The recreational amenities of the project exceed that required by the Planned Development Ordinance. s .% ip F € E s 1C 17 12 12 14 15 * 16 17 1 e 19 20 21 22 - 23 24 25 26 27 28 b) The project, as designed, minimizes any adverse impacts on c) The project will be located in close proximity to commercial centers and to public transportation routes. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accomnodate residential development at the density proposed. The project is consistent with all City public facility pol- icies and ordinances since: the site and to adjacent properties. The Planning Cornmission has, by inclusi6n of an appropriate 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 addition, the Planning Commission has added a condition that a note shall be place'd 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 Comnission 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. School fees will be paid to ensure the availability of school facilities in the San Dieguito and Encinitas Unified School District. Park-in-lieu fees are required as a condition of approval. 811 necessary public improvements have been provided or will 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. The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual. The proposed project is compatible with the surrounding existing and future land uses since the properties to the east and south are designated for residential development on the General Plan. This project; will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on February 14, 1903 and approved by the Planning Commission on February 23, 1983. C RES0 NO. 2082 2. c- -ya,,t -2 1 2 .; 4 C c 7 € s TC 13 12 12 14 a. E 3,E 27 18 19 20 2J. 22 23 24 25 26 27 28 Conditions : Approval is granted far CT 83-1/CP-226, as shown on Exhibits "A" - "H", dated January 8, 1983, incorporated by reference ar: 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 perinits and will continue to be available until time of occupancy. This note shall be placed cn 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 Eor payment of said fee, a copy of that agreement, dated January 3, 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 csnditions 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 and all other applicable City ordinances in effect at time of building permit issuance. Prior to occupancy of any units, the applicant shall construct a'directory sign near the entrance of the project indicating the location of each unit. The design of this sign shall be approved by the Land Use Planning Xanager and Fire Chief. The applicant shall prepare a reproducible mylar of the E inal 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 est.ablish a homeowner's association and corresponding covenants, conditions and restrictions. Said 'C 2ESO NO. 2082 3. 10 11 12 13 14 ' 15 16 17 PC RES0 NO. 2082 38 19 20 21 22 23 24 CC&R's shall be submitted to and approved by the Land Use 10) 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. Said plan shall include landscape screening along the east property line to shield the common recreation area from the single family residences to the east. *' Planning Manager prior to final map approval. 11) 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. 12) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 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 Manager prior to installation of such signs. 14) Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager. 15) All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the ' Land Use Planning Manager and Building and Planning Director. 16) The applicant shall submit a street name list consistent with I the City's street name policy subject to the Land Use Planning Manager's approval prior to final map approval. 17) The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench, free 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 from the basic architectural theme of the project and said design shall be subject to the apprcwal of the Land Use Planning Manager and North County Transit District. Approval of Tentative Tract No. 83-1/CP-226 is granted subject 25 to approval of Specific Plan 171(C) and Master Plan 149(K). 26 2 7 19) All uncovered parking spaces assigned to individual units shall be clearly designated to the satisfaction of the Land Use Planning tdanayer. I 28(120) Prior to issuance of a building permit, the applicant shall I 4. .< 6 4 # 4 A I I I I ! 1( 1: 1: .1: 11 I! 1t a: ZE 1s 2( 21 2: 2? 24 2c 26 27 28 m provide a detailed lighting plan to the satisfaction of the Land Use Planning Manager. All lighting shall be placed so that light does not spill over or adversely impact the existint residences to the east. In addition, lighting for the recrea- atiorial facilities shall not be operated after 1O:OO p.m., thi: requirement shall be clearly stated in the CC&R's. :ng i neer i ng : 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 verif.y compliance with Chapter 11.06 of the Carlsbad Municipal Code. 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 a11 liens arid encumberances. Direct access rights for all lots abutting El Camino Real shal: 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 confor- mance with City of Carlsbad standards prior to occupancy of an] buildings. El Camino Real shall be improved by the developer along the subdivision frontage based on a centerline to curb face width of 53 feet and in conformance with City of Carlsbad standards prior to occupancy of any buildings. Adequate sight distance at the private street and Levante Street, as well as at Levantc and El Camino Real., must be provided to the satisfaction of the City Engineer. The slope adjacent to El Camino Real shall be relocated out of the storm drain easement, unless San Diego Flood Control. District approves this design. A11 access driveways shall. be a minimum of 24 feet wide and . 2 RES0 NO. 2082 5. a. 1 2 8 4 fi U E 7 E 9 IC 21 - 1% 13 14 15 16 3.7 18 39 20 21 22 23 24 25 26 27 28 e ' shall use a 20-foot side line radius at all points of ingress and egress. 32) The slope along Street "A" shall have at least 2 fect clearancc . from the toe of slope to the curb face. 33) 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 he approved or denied at the discret-.ion of the City Council. In approvong an extension, thc City Council may impose new conditions and may revise existing condi t ions. ?ire: 34 1 35 $6 37 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 or site roads and drives subjeck to the approval of the Fire Marshall. An all weather ac'cess road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "NO Parking/Fire Lane Tow Awaly Zone" pursuant to Section 17.04.040, Carlsbad ivlunicipal Code. Fire retardant roofs shall be required on all structures. Brush clearance shall be maintained within a minimum distance of 30 feet to each residence. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Pire Department for approval prior- to construction. All buildings shall he sprinklered to the satisfaction of the Fire Marshall unless an alternative method is approved by the Fire Marshall. ?arks and Recreation: -- 13) Median and landscape improvewents are required on El Camino Real to the satisfaction of the City Engineer and the Parks and Recreation Director. 3 14) The landscape plan for this project shall be revised to 'C RESO NO. 2082 6. 1 3 -1 s 1 1 3.1 1' 1( 1: 2( 21 2; 2: 24 25 26 include a minimal amount of turf area and utilize more drought tolerant species. 'lanning Commission of the City of Carlsbad, California, held on the 15) Street trees shall be planted along El Camino Real and Levante Street to the satisfaction of the Parks and Recreation Director at the time public street improvements are provided. PASSED, APPROVED AND ADOPTED at a regular meeting of the 3rd day of February, 1983, by the following vote, to wit: AYES : NOES : None. Chairman Schlehuber, Conunissioners Marcus, Rombotis, Jose and Rawlins. ABSENT: Commissioners Farrow and Friestedt. ABSTAIN: None. CLARENCE SCHLEHUBER, Chxirman CARLSBAU PLANNING COMMISSION TTEST: rim USE PLAN~~ING GNAGER 7.