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Home My WebLink About1983-07-19; City Council; Resolution 72931 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 83-7) ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EL CAMINO REAL AND HOSP WAY. APPLICANT: DEVELOPMENT CONSULTANTS CASE NO,: CT 83-7 WHEREAS on June 8, 1983, the Carlsbad Planning Commission adopted Resolution No. 2128 approving PCD-46; Resolution No. 2129 approving CT 83-7 and Resolution No. 2130 approving MP-l(A); and WHEREAS, the City Council of the City of Carlsbad, on July 5, 1983 held a public hearing to consider the recommendations and heard all persons interested in or opposed to Tentative Map CT 83-7 and Master Plan amendment MP-1(A); and WHEREAS, said Tentative Map has been declared to have a nonsignificant impacts on the environment and a Negative Declaration was prepared and filed on May 20, 1983 in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 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 Nos. 2128, 2130 and 2129 constitute the findings of the City Council in this matter. C, That Tentative Map CT 83-7, 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 83-7) is 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. 2129, dated June 8, 1983 marked Exhibit A, attached hereto and made a part hereof, with the exception of Conditions Nos. 12, 25 and 26 which have been revised to read as follows: "12. Approval of CT 83-7 is granted subject to the approval of MP-1(A) and PCD-46. CT 837 shall be subject to the conditions of approval for PCD-46 as adopted by the Planning Commission in their Resolution No. 2128.'' "25. Any remaining public improvements in the El Camino Real and Hosp Way half street sections along the subdivision frontage (sidewalks, concrete median curb, street lights or others) shall be installed in accordance with the City of Carlsbad standards prior to approval of the final map." "26. An improvement agreement shall be entered into and a bond posted to insure the construction of the Elm Avenue half street section along the subdivision frontage prior to approval of the final map." /// /// /// /// /// /// /// /// /// 2. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 19th day of JdY , 1983 by the following vote to wit: AYES : Council ms Casler, Lewis, Chick arid Presaott NOES: None ABSENT: None ATTEST : 9L8h9 d ahL/ MARY H. $ASLER, Mayor 3. PLANNING COMMISSION RESOLUTION NO. 2129 I ll 6 7 8 10 2 3 4 5 WHEREAS, a verified application for certain property, to wit: Lots 1 - 12 of Carlsbad Tract No. 79-27 according to Map No. 10161 filed July 30, 1981, 9- has been filed with the City of Carlsbad, and referred to the A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE LOT TENTATIVE TRACT MAP ON 29,6 ACRES OF HOSP WAY 4QJACENT TO EL CAMINO REAL AND ON THE NORTH SIDE OF HOSP WAY ADJACENT TO MARRON ROAD. APPLICANT: DEVELOPMENT CONSULTANTS CASE NO: CT 83-7 PROPERTY GENERALLY JJOCATED OM THE SOUTH SIDE OF a 171 18 19 . WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any of all persons relating to the Tentative Tract Map and Condominium Permit. Planning Commissiori; and II , 2o 12 - NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning I 13 WHEREAS, said verified application constitutes a request as provided by Title 2.1 of the Carlsbad Municipal Code; and WHEREAS, .THE Planning Commission did, on the 8th day of 14 11 15 16 June 1983 hold a duly noticed public hearing as prescribed by law to consider said request; and . . 21 . 22 23 24 Commission as follows: A) That the above recitations are true and correct. B) That base> on the evidence presented at the public hearing, the Commission hereby APPROVES CT 83-7 based on the: following findings and subject to'the following conditions: 26 27 28 1) The proposed tgntative map is consistent with the City's General Plan since it is. located within an area designated for residential devel-opment by the Land Use Element of the General Plan. 7 1 2- 3 4- 5 6 7 c a 9 19- 11 12 13 14 15 16 17 18 39 20 21 22 23 24 25 26 27 28 _-. - I - - ._ Planning Commission has added a condition that a note not be issued for the project unless the City Engineer determines that sewer service is available, and building remains available, and the Planning Commission is -- -. __ shall be placed on the final map that building permits may _- ~ - _. - cannot occur within.the project unless sewer service - -- - -- -..- -- b) The Carlsbad-School District has written a letter. dated I .. April 14, 1983, stating that school facilities_wiil be 1 available to this project. I c) All necessary ^pub1 ic improvements have been provided or will be required as conditions of approval. __ __ . ._ - d) 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-payrrient of the fee I - -- will-enable thls body to find that public facilities will be available concurrent with need as required by the ', General Plan. The prbposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. 5) This project will not cause any significant environmental _-- _- 4) - impacts and a Negative Declaratioh.has been issued by the Land Use Planning Manager on May 20, 1983 and approved by the Planning Commission on June 8, 1983. . Conditions . 1) Approval 'is granted for CT 83-7, as shown on Exhibit "A" dated April 21, 1983, incorporated by referende and on file in PC RES0 NO. 2129 -2- . the Land Use Planning office. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) 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 May 25, 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. 3) 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. This project has already.been allocated sewer capa,city per legal settlement 9052 filed August 28, 1919. Building permits for any additional units over and above the settlement will not be issued 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. 4) Land Use Planning Office 5) The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits . 6) All parking lot trees shall be a minimum of 15 gallons in 7) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 8) 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 installatibn of such signs. Trash receptacle areas shal.1 be enclosed by a 6-foot high masonry wall Gith gates pursuant to city standards. Location of said receptacles shall be approved'by the Land Use Planning Manager. size. .. 9) . 10) 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. - PC RES0 #2129 - 3- ~ '9 . i I. 2 4 6 7 E 1.C 13 1: 11 l! It I' l! 2: 2; 2 2, 2 2 2 2, 1) The subject property shall be. subject to the RD-M zoning standards as they relate to permitted and conditional uses, building height, and setbacks and yards. Approval of CT,83-7, is granted subject to the.approva1 of MP 2) :I I, 1 (A) and PCD-46 . ,I igineering On the final map, a note shall be placed indicating that lot 1 shall be developed as a 300 unit apartment project and Lots 2-5 shall be developed as condominiums subject to the approval of the City Engineer. The grading for this project is defined as "regular grading" by Section 11,06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shall comply with all provisions of 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. All exposed slopes shall be hydroseeded by the applicant or otherwise stabilized immediately upon completion of grading activities. All previously manufactured slopes which are to remain essentially intact shall be smoothed, recompacted and hydroseeded. Prior to issuance of a Building Permit, an erosion control plan shall be submitted to and approved by the City Engineer. These measures shall be in place before October 15th and shall zemain in place to until April 15th. Prior to issuance of a building-permit, the applicant shall submit a grading plan for slope repair and restoration of the presently- eroded slopes. Prior to occupancy of any unit within this project the storm drain system-in Hosp Way between Calle Caballero and El Camino Real shall be repaired to the satisfaction of the City Engineer. following conditions are only aGplicable only to Lots 2,3,4 5 of CT 83-7: All development on Lots 2, 3, 4 and 5 shall be in accordance with Exhibits "A" - 'ID" of CT 79-27/CP-44 dated February 22, 1980 on file in the Land Use Planning Office- and lncorporated by reference. * *> C'.RESO #2129 ? -4- 1c 13 1: 14 Ef l! 2( 2: 2; 2: 24 2r 2' 2r All parking structures shall have individual garages with garage door and garage door openers. All private streets and drainage systems shall be maintained by the homeowner's .-association in perpetuity. This require- ment shall be included in the CCstR's. This condition excludes all drainage easements granted to the City of Carlsbad. No individual lots may be sold separately and all lots are to remain in common ownership .in perpetuity. A condition requiring this shall be placed in the CC&R's and subject to the approval of the City Engineer. Any remaining public improvements in the El Camino Real and EIosp Way half street sections along the frontage (sidewalks, concrete median curb, street lights or'others) shall be installed to conform to the City of Carlsbad standards prior to occupancy of any units. An improvement agreement shall be entered into and a bond posted to insure the future construction of .the Elm Avenue half street sectidn along the subdivision frontage prior to recordation of the final map or issuance of building permits. I The water distribution and sewage collection systems shall be subject to the approval of the City of Carlsbad and shall be d.edicated to the city together with the necessary easements free of liens and encumbrances prior to the recordation of the final map for each affected phase. Prior to issuance of a building permit the applicant shall guarantee to the satisfaction of the City Engineer that the slopes on the subject property along Marron Road and El Camino Real shall be privately maintained as open space. ire Department 9) Additional public and/or on site fire hydrants shall be re- 0) The applicant shall submit two (2) copies of a site plan quired if deemed necessary by the Fire Marshall. showing lbcations of existing and proposed fire hydrants and on, site roads and drives subject to the approval of the Fire , Marshall. 1) 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 Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. a * 12) 3) Fire retardant roocs shall be required on all structures. 'C HESO NO. 2129 -5- I& :( I/ ., 2 3 4 E c E r 1 t $ l( 1: 1; 1 1 1 1 1 1 1 2 2 i 2 : : r L 4 6 1 c 1 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 1 -- approval prior to construction. ) Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq-ft. (or less) areas. rks and Recreation ) Street trees of a variety approved by the Parks and Recreation Department shall be installed to city specifications at 40 foot intervals along all public street frontages. PASSEDr APPROVED AND ADOPTED at a regular meeting of the anning Commission of the city of Carlsbad, California, held on e 8th day of June, 1983, by the following vote, to wit: AYES : Chairman Schlehuber, Commissioners Marcus, Jose, Friestedt and Rawlins. NOES : None. .- . ABSENT: Commissioner Farrow. ABSTAIN: Commissioner Romobtis CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION CTEST: md Use Planning Manager C RES0 82129 -6-