HomeMy WebLinkAbout1983-09-06; City Council; Resolution 73451
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RESOLUTION NO. 7345
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 131 UNIT
TENTATIVE TRACT MAP (CT 83-13) AND CONDOMINIUM
PERMIT (CP-237) ON A 6.7 ACRE PARCEL ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF MARRON ROAD AND AVENIDA DE ANITA. APPLICANT: ELDER CASE NO: CT 83-13/CP-237
WHEREAS, on July 27, 1983, the Carlsbad Planning
Commission adopted Resolution No. 2157 recommending to the City
Council that Tentative Tract Map (CT 83-13) and Condominium
Permit (CP-237) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
August 16, 1983, held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Tract Map (CT 83-13) and Condominium Permit
(CP-237); 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
July 6, 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. 2157 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 83-13 and Condominium
Permit CP-237 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. 2157, dated July 27, 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
6th day of , 1983 by the following vote,
to wit:
ATTEST :
AYES: Council Ivla&ers Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
A MARY H. @SLER, Mayor
(SEAL)
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PLANNING COMMISSION RESOLUTION NO, 2157
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE SUBDIVISION MAP AND
CONDOMINIUM PERMIT FOR 131 UNITS ON 6.7 ACRES ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF MARXON ROAD AND AVENIDA DE ANITA.
APPLICANT: ELDER
CASE NO: CT 83-13/CP-237
WHEREAS, a verified application for certain property, to
t:
A portion of Lot "J" of the Rancho Aqua Redionda,
according to Map thereof No, 823, filed in the Office of
the County Recorder, November 15, 1896, and a portion of
Government Lot No. 3, Section 32, Township 11 South, Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diegot according to official plat
thereof
is been filed with the City of Carlsbad, and referred to the
.arming Commission; and
WHEREAS, said verified application constitutes 2 request
provided by Title 21 of the Carlsbad Municipal Code; ar,d
WHEREAS, the Planning Commission did, on the 27th day
E July, 1983, hold a duly noticed public hearing as prescribed by
w, to consider said request; and
WHEREAS, at said public hearing, upon hearing and
snsidering all testimony and arguments, if any, of all persons
asiring to be heard, said Commission considere6 all factors
elating to the Tentative Tract Map and Condominium Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
omission as follows:
A)
B)
That the foresoing recitations are true and correct,
That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 83-13/CP-237, based on the following findings and subject to the following
conditions :
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ind ing s :
The project is consistent with the City's general plan since
the proposed density of 19.5 du's/acre is within the density
range of 70-20 du's/acre specified for the site as indicated on the land use element of the general plan,
The site is physically suitable fox the type and density of
the development since the site is adequate in size and shape
to accommodate residential development at the density pro-
posed,
The project is consistent with all City public facility pol- icies and ordinances since:
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 Lcor this
project
The Carlsbad School District has written a letter, dated May 26, 1983, stating that school facilities will be
available to this project,
Park-in-lieu fees are required as a condition of ap-
proval.
All 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,
Assurances have been giverr that adequate sewer for the project will be provided by the City of Carlsbad.
The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design
Guidelines Manual,
RES0 NO. 2157 2"
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) This project will not cause any significant environmental
impacts and a Con( itional Negative Declaration has been issued
by the Land Use Planning Manager on July 6, 1983 and approved
by the Planning Cominission on July 27, 1983,
onditions:
Approval is granted for CT 83-13/CP-237, as shown on
Exhibits "A" - "H", dated July 27, 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
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 esgress cozditior! that the
applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1932, 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 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 cofisistent 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 Carfsbad 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,
Water shall be provided by the City of Carlsbad unless some other arrangement is approved by the City Council .
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,
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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 >Imager prior to final map approval.
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.
A 500' scale map of the'subdivision shall be submitted to the
Land Use Planning Manager prior to the recordation of the final nap. Said map shall show all lots and street.s within and adjacent to the project,
All parking lot trees shall be a minimum of 15 gallons in size.
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 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.
A uniform sign program for this 6evelopment shall be submitted
to the Larid Use Planning Nanager for his review ail2 approval
prior to occupancy of any building,
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.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the sound bufr'ered from adjacent properties and streets, pursuant to Building Department Policy No, 80-6, to the satisfaction of the Land Use Planning Manager and i3uilding and Planning
Director.
Approval of Tentative Tract No, 83-13 is granted subject to approvill of Zone Change 283.
The applicant shall provide an additional carport structure
covering five spaces, in the Southeastern portion of the
project. The location of said carports shall be shown on the
final site plan and approved by the Land Use Planning
Manager ,
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ng ineering Department
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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 "regular grading"
by Section 11,06,17O(a) of the Carlshad 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 Nunicipal 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 slopes within this project shall be no steeper than 2:1,
Xarron Road shall be dedicated by the subdivider along the subdivision frontage based on a centerline to right-of-way
width of 42 feet and in conformance with City of Carlsbad Standards 2rior to filing of the final map,
All land ar,d/or easements required by this project shall be granted to the City, without cost to the City, free and clear
of all liens and encumbrances.
Marron Road shall be improved by the subdivider along the
subdivision frontage based on a centerfine to curb face width of 32 feet and in conformance with City of Carlsbad Standards
prior to filing the final map or, if the City Engineer allows,
the subdivider may agree to defer installation of the improve- ments to a specified time but no later than occupancy of any
buildings. The agreement shall be secured as provided by law.
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The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards concurrent with the street improvements.
The developer shall install a wheelchair ramp at the public
street corner abutting the subdivision in conformance with
City of Carlsbad Standards concurrent with the street
improvements.
The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
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'C RESO NO. 2157
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The design of all private streets and drainage systems shall be
approved by the City Engineer prior to approval of the final map. The structural section of all private streets shall
'conform to City of CarSsbad 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 by
the honeowner's association in perpetuity, This responsibility
shall be clearly stated 'in the CC&R's.
All private driveways shall be kept clear of parked vehicles at all tines, and shall have posted "NO Parking/Fire Lane Tow Away
Zone" pursuant to Section 17.04.040, Carlsbad i4unicipal Code.
Laipproval 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, the
City Council may impose new conditions and may revise existing
conditions.
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,
ire 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 on 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 shall
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 at
all times, and shall have posted "NO Parking/Fire Lane Tow Away
Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
IC RES0 NO, 2157 6.
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1) Fire retardant roofs shall be required on all structures.
2) Brush clearance shall be maintained within a minimum distance of 30 feet to each residence.
PASSED, APPROVED AND ADOPTED at a'regular meeting of the
lanning Commission of the City of Carlsbad, California, held on
he 27th day of July, 1983, by the following vote, to wit:
AYES : . Commissioners Marcus, Rombotis, Farrow,
NOES : None
ABSENT: Chairman Schlehuber,
Lyttleton, Friestedt and Rawlins.
ABSTAIN: None. .
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
TTEST:
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ICRAEL J, HSLZNILLER
AND USE PLANNING MANAGER
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