HomeMy WebLinkAbout1983-11-01; City Council; Resolution 73841
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RESOLUTION NO. 7 384
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 140 UNIT TENTATIVE TRACT MAP (CT 83-4) AND CONDOMINIUM PERMIT (CP-227) ON A 10.15 ACRE PARCEL OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF AGUA HEDIONDA LAGOON BETWEEN 1-5 AND THE AT & SF RAILROAD. APPLICANT: WINDSONG SHORES CASE NO: CT 83-4/CP-227/EIR 83-3
WHEREAS, on September 28, 1983, the Carlsbad Planning
Commission adopted Resolution No. 2186 recommending to the City
Council that Tentative Tract Map (CT 83-4) and Condominium Permit
(CP-227) be approved; and
WHEREAS, on September 28, 1983, the Carlsbad Planning
Commission adopted Resolution No. 2184 recommending to the City
Council that Environmental Impact Report (EIR 83-3) be
certified; and
WHEREAS, the City Council of the City of Carlsbad, on
October 18, 1983, held a public hearing to consider the
recommendations and heard all persons interested in or opposed to
Tentative Tract Map (CT 83-4), Condominium Permit (CP-227) and
Environmental Impact Report (EIR 83-3); and
WHEREAS, an Environmental Impact Report (EIR 83-3) was
prepared 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
for CT 83-4 and CP-227;
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.
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B. That the findings of the Planning Commission in
Resolutions No. 2186 and No. 2184 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 83-4 and Condominium
Permit CP-227 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. 2186, dated September 28, 1983 marked Exhibit A,
attached hereto and made a part hereof.
PASSED,
the City Council
1st day of
to wit:
ATTEST :
A
AYES :
NOES :
ABSENT:
APPROVED, AND ADOPTED at a regular meeting of
of the City of Carlsbad, California on the
Novesnber , 1983 by the following vote,
Council Wnkers Casler, -is, Kulchin, Chick and Prescott
None
None
LL L
MARY H. VASLER, Mayor
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/p Qo>& ALETHA L. RAUTENKRANZ
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PLANNING COMMISSION RESOLUTION NO 2186
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF AGUA HEDIONDA LAGOC
BETWEEN 1-5 AND THE AT & SF RAILROAD.
APPLICANT: WINDSONG SHORES
CASE NO.: CT 83-4/CP-227
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A 140 UNI’I
WHEREAS, a verified application for certain property to,
wit:
Lot 5 of Carlsbad Tract 74-22 according to Map thereof No,
8107 filed May 1, 1975
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEXEAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 28th day of
September, 1983, hold a duly noticed public bearing 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 ail persons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Condominium Permit.
NOW, THERFORE, 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 preser,ted at the public hearing, t
Commission recommends APPROVAL of CT 83-4/CP-227, based on th
following findings and subject to the following conditions:
F ind ina s :
1) The project is consistent with the City’s general plan since
the overall density of the Windsong Shores development of 18
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 o
the general plan.
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2) 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.
3) The project is consistent with all City public facility pol-
icies and ordinances since: I
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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) The Carlsbad School District has written a letter, dated February 25, 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 improvemants have been provided or
e) The applicant has agreed and is required by the inclusion
will be required as conditions of approval, .-
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
pSan.
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 future
land uses since surrounding properties are designated for
residential development on the general plan,
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//// PC RES0 NO 2186 2,
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I) Tfiat all significant impacts have been mitigated, the project
has been changed so as to mitigate these impacts, or social or
nconomic factors exist which override these significant
impacts as described below:
A) Traffic Circulation Impact: The proposed project will contribute to the need
for a traffic signal at the intersection of Jefferson
Street and Tamarack Avenue Mitigation: The applicant will be required to bond. for and install a traffic signal at the intersection
of Jef ferson,Street and Tamarack Avenue when it is
warranted.
B) Archaeology
Impact: The project could destroy a significant archaeological site,
Mitigation: A condition of the tentative map
approval will require a detailed excavation and
evaluation of the site,
C) Noise
Impact: Some of the units will be exposed to noise levels ir, excess of 65 CNEL. I Mitigation: Noise barriers will be constructed on the decks. The interiors of the units will be I heavily insulated.
D) Visual Resources
Impact: The proposed project will be highly visible from
Interstate 5 .
Mitigation: The project has been designed to meander in and out towards the edge of the bluff and
the units closest to the bluff have been reduced in height.
ond it ions :
) Approval is granted for CT 83-4/CP-227, as shown on Exhibits 7
"A" - "R", dated February 23, 1933, incorporated by reference
and on file in 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
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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.
3) 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,
iipc NO. 2186 3. I
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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 17, 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 tc
the issuance of building permits as required by 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 and all other applicable City
ordinances in effect at time of building permit issuance.
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 prmits,
The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. The
covenants, conditions and restrictions shall be sufficient to
implement the conditions of this approval, The City shall havt
the right but not the obligation to enforce those covenants,
conditions and restrictions which implement any conditions of this approval. 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 irriqatio~ 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 planting along the top of the slope for fire protection subject to the approval of the Fire Chief.
A 500' scale map of the subdivision shall be submitted to the Land Use Planning Manager prior to the recordation of the fina. map, Said map shall show all lots and streets within and adjacent to the project.
A master plan of the existing on site trees shall be provided to the Land Use Planning Manager as part of the final grading plan to determine which trees shall be required prior to the
issuance of a grading permit or a building permit, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, This obligation shall be clearly stated in the CC&R's. Fsl r- [ 10 C RES0 NO, 2186 4,
14) Any sians proposed for this development shall be designed in conformance with the City's Sign Ordinance. The design and
location of any signs, including temporary subdivision signs, shall require review and approval of the Land Use Planning Manager prior to the issuance of buildhg permits.
15) 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. _-
16) Approval of Tentative Tract No. CT 83-4/CP-227 is granted
subject to approval of Special Use Permit 8.
17) The design and location of the proposed public trail system
and observation deck shall be subject to the approval of the
Land Use Planning Manager, City Engineer and Department of
Fish and Game. The trail and observation deck shall be
completed to the satisfaction of the Land Use Planning Manager
prior to occupancy of any units.
18) No building shall exceed a height of 35 feet as defined by the
City's definition of building height.
19) Prior to issuance of building permits, the applicant shall
submit a detailed plan of the storage areas showing that each
unit will have at least 392 cubic feet of storage area to the
satisfaction of the Land Use Planning Manager.
shall be setback at least 25 feet from the edge of the bluff.
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20) The balconies as well as the livable portions of all units
21) Prior to issuance of a grading permit, the applicant shall
perform the following archaeological survey work at site W-
131 to the satisfaction of the Land Use Planning Manager.
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I A) Perform a systematic posthole series on the site to determine the exact vertical and horizontal extent of the
site.
B) Conduct a five percent test excavation manually at the
site employing a research design which will allow new and
valid scientific information to be generated as a result
of the work. The units should be selected at random.
C) Conduct Carbon-14 age dating on the site,
D) Conduct palynological studies.
E) Prepare an analysis for the scientific community.
22) Prior to the issuance of building permits, the applicant shall
submit to the Land Use Planning Manager for review and approval, detailed landscape plans indicating facilities such as bike racks, benches and drinking fountains at the terminus
of Harbor Drive.
' PC FU3SO NO, 2186 5.
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Prior to issuance of building permits, the applicant sha
submit plans for a uniform signing program which clearly
identifies all public access areas.
The public access easement shall be rededicated with the recordation of the final map to be consistent with the alignment of the proposed walkways and vista points.
Private patios and balconies on units that face the freeway _-
and the railroad shall be provided with noise mitgation in the
form of a patio noise barrier. The noise barrier shall be any solid structure with no holes or cracks having a surface
density of 4 pounds per square foot or greater. The barrier
shall completely shield all line of sight with the noise source and have a top elevation 6 feet above the finished floor elevation of the patio. If views are to be preserved glass panes (1/4 inch tempered) can serve as the top portion of the. barrier.
Prior to issuance of a building permit, the Building Director
shall review the architectural plans to ensure compliance with the State of California interior noise standard of 45 CNEL.
At that time, any additional measures (thicker glazing, sound absorption material, or sheilding of vents) to further attenuate the noise to acceptable level shall be required.
Prior to recordation of the final mapp the applicant shall
submit a revised site plan showing a 6C, fsot separation between
the buildings located adjacent to the pedestrian walkway which extends from Harbor Drive to the lagoon, This separation shall be subject to the approval of the Land Use Planning Manager and shall be accomplished by reducing the square footage of the units throughout the project.
No grading shall be started or planned to extend into the November to April rainy season:
The portion of the public trail system located on the slope adjacent to Agua hedionda Lagoon shall be constructed by manual labor only. No heavy equipment, i,eOr trucks or bulldozers shall be allowed on the slope.
The applicant shall install a wrought iron fence along the
northern property line where it adjoins the single family
residences which front on Harbor Drive.
Sngineering Department
51) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
52) 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
)C RES0 NO. 2186 6.
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engineer whose responsib lity 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.
No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. --
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 .
Land for all public streets and easements shown on the ten- tative map shall be dedicated on the final map and shall be
granted to city free and clear of all liens and encumbrances.
All land and/or easements required by this project shall be
granted to the City, without cost to the City, fFee and clear
of all liens and encumbrances.
Direct vehicular access rights for all lots abutting Harbor Drive shall be waived on the final map.
The applicant shall install curb and gutter on Harbor Drive
along his frontage to match the existing curb and gutter.
The applicant shall demonstrate to the City Engineer that access rights to Chinquapin Avenue have been recorded with the County Recorder guaranteeing access through the existing
development to the north prior to approval of the final map.
The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards.
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 comply with all the rules, regulations and design requirements of the respective sewer and water agencies
regarding services to the project.
The design of all private streets and drainage systems shall bc
approved by the City Engineer prior to the issuance of a building permit. The structural section of all private street:
PC RES0 NO. 2186 7.
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?C RES0 NO. 2186 ,
shall conform ,o City of Carlsbad Standards _lase( 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 the issuance of a bxilding permit .
All private streets and drainage systems shall be maintained by
the homeowner's association in perpetuity. This responsibility shall be clearly stated in the CC&R's. _-
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,
'ire DepartmeRt
Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the 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 si"e 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.
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 77.04.040, Carlsbad Municipal Code,
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.
Standpipes for firefighting purposes, shall be provided as required by the Fire Chief.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 28th day of September, 1983, by the following vote, to wit:
AYES :
NOES : None.
Chairman Schlehuber, Commissioners Marcus,
Lyttleton and Rawlins.
ABSENT: Copmissioners Rombotis and Friestedt.
ABSTAIN: Commissioner Farrow.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
iTTEST :
IICEAEL J, AOLZMILLER
,AND USE PLAWMING MANAGER
C RES0 NO, 2186
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