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Home My WebLink About1983-10-18; City Council; Resolution 73781 2 3 4 5 6 7 €? 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7378 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 7 LOT/124 UNIT TENTATIVE TRACT MAP (CT 83-15) AND CONDOMINIUM PERMIT (CP-241) ON AN 12.9 ACRE PARCEL ON PROPERTY GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF HOSP WAY, WEST OF EL CAMINO REAL. APPLICANT: DEVELOPMENT CONSULTANTS CASE NO: CT 83-15/CP-241 WHEREAS, on September 14, 1983, the Carlsbad Planning Commission adopted Resolution No. 2175 recommending to the City Council that Tentative Tract Map (CT 83-15) and Condominium Permit (CP-24 1 ) be approved ; and WHEREAS, the City Council of the City of Carlsbad, on October 11, 1983, held a public hearing to consider the recommendations and heard all persons interested in or opposed to Tentative Tract Map (CT 83-15) and Condominium Permit (CP-241); 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 1 , 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. 2175 constitute the findings of the City Council in this matter. /// /// 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 83-15 and Condominium Permit CP-241 are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and satisfaction of the conditions contained in Planning Commission Resolution No. 2175, dated September 14, 1983 marked Exhibit A, attached hereto and made a part hereof. to the PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California on the 18th day of October , 1983 by the following vote, to wit: AYES : NOES: None ABSENT: Nore Council Members Casler, Lewis, Kulchin, Chick and Prescott ATTEST: (SEAL) 2. Resolution No. 7-378 *... - . - . 1 - . -._ PLANNING COMMISSION RESOLUTION NO. 2175 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD , CALIFORNIA, RECGMMENDING APPROVAL FOR A 7 LOT/124 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT SIDES OF HOSP WAY, WEST OF EL CAMINO REAL. APPLICANT : DEVELOPMENT CONSULTANTS CASE NO. : CT 83-15/CP-241 ON PROPERTY GENERALLY LOCATED ON THE NORTH AND SOUTH WHEREAS, a verified application for certain property to, wit: Lots 7, 8, 9, and 10 of Carlsbad Tract No. 79-27 according to Map No. 10161 filed July 30, 1981 has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application Constitutes a request as provided by Title 21-of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 14th day of September, 1983, hold a duly noticed public hearing as presecribed 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing the Commission recommends APPROVAL of CT 83-15/CP-241, based on the following findings and subject to the following conditions : //// //// //// 1 2 3 4 5 6 7 8 9 10 21 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F ind ing s : The project is consistent with the Cityls general plan since the proposed density of 9.6 du's/acre is just slightly below 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 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 for this project . The Carlsbad School District has written a letter, dated July 7, 1983, stating that school facilities will be available to this project. Park-in-lieu fees are required as a condition of ap- proval, however, credit may be given for any previous payment of park fees or dedication of land. 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 given 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. 2175 2. 1 2 3 4 5 .6 7 8 9 10 11 12 13 14 15 16 27 18 19 20 21 22 23 ' 24 25 26 27 28 5) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the general plan. impacts and a Negative Declaration has been issued by the Land Use Planning Manager on August 1, 1983 and approved by the Planning Commission on September 14, 1983. 6) This project will not cause any significant environmental Conditions Approval is granted for CT 83-15/CP-241, as shown on Exhibits "A" - "R", dated August 31, 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. Th i for not leg s project has already been allocated sewer capacity per a1 settlement 9052 filed August 28, 1979. Building permits any additional units over and above the settlement will. be issued unless the City Engineeer determines that sewer facilities 2re available at the time of application for such sewer permits and will continue to be available until the time of occupancy . 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 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. Land €or park purposes shall be dedicated and/or park-in-lieu fees shall be paid to the City prior to the approval of a final map, as per Chapter 20.44 of the City's Subdivision regulations. The applicant shall be credited for any previous payment of park fees or dedication of land. Barbeque facilities along with picnic tables and benches shall be provided in the westerlymost common recreation area to the satisfaction of the Land Use Planning Manager prior to occupancy of any units in Phase 2. RES0 NO. 2175 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3.6 . 3.7 19 20 21 22 22 24 25 26 27 28 Prior to final map approval the applicant shall submit a parking plan showing that all resident parking spaces are within 150 feet of the unit they are assigned to. Prior to occupancy of any units, the applicant shall construct a directory sign at each entry to the northerly portion of the roject indicating the location of each unit. The design of this sign shall be approved by the Land Use Planning Manager and the Fire Chief. No building shall exceed a height of 35 feet as determined by the City of Carlsbad Zoning Ordinance. Engineering Department PC RES0 NO. 2175 4. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This respon- sibility shall be clearly stated in the CC&R's. All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) or the individual property owner {if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's. 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. 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, the City Council may impose new conditions and may revise existing conditions. Any remaining public improvements on Hosp Way and Marron Road adjacent to the subdivision frontage shall be installed to conform to the City of Carlsbad standards prior to recordat ion of the final map. Prior to final map approval, the applicant shall guarantee to the satisfaction of the City Engineers that the slopes on the subject property along Marrsn Road shall be privately maintained as open space. 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 prior to the final map approval. .7 3 f 1 4 E E 7 f s IC 11 12 E 34 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fire Desartment 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. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building .materials being located on the project site. 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 Fire Department for 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. , PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 14th day of September, 1983, by the following vote, to wit: AYES: Chairman Schlehuber, Commissioners Marcus, NOES : None . ABSENT: None. Lyttleton, Farrow, Friestedt and Rawlins. ABSTA1N:Commissioner Rombotis. CLARENCE SCHLEHUBER, Chairman CARLS BAD PLAWN I NG COMM I S S I ON ATTEST: LAND USE PLANNING MANAGER PC RES0 NO. 2175 5. -. .. .. . .. <- .. -I: ,. . e .. . .. , I" .. c /:. ... .. . , .. .. -