HomeMy WebLinkAbout1984-06-19; City Council; Resolution 76441
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RESOLUTION NO. 7644
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA GRANTING THE APPEAL FROM THE PLANNING COMMISSION’S DENIAL AND APPROVING A 48
UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT
ON 2.84 ACRES GENERALLY LOCATED ON THE NORTHWEST
CORNER OF ALGA ROAD AND EL FUERTE STREET.
APPLICANT: LA COSTA POINTE
CASE NO.: CT 84-2/CP-270
WHEREAS, the Planning Commission at their meeting of Mal
9, 1984 held a duly noticed public hearing as required by law to
consider the approval of a 48 unit tentative tract map CT 84-2
and condominium permit CP-270 on 2.84 acres of property general11
located on the northwest corner of Alga Road and El Fuerte Street
more particularly described as : Lots 413-416 of La Costa
Meadows, Unit 3 per Map 7076 filed October 6, 1971; and
WHEREAS, the Planning Commission did on said day after
said public hearing deny the request for a tentative tract map
and condominium permit;and
WHEREAS, the applicant appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, on June 5, 1984 the City Council of the City of
Carlsbad held a duly noticed public hearing as proscribed by law
to consider said appeal and at said hearing after consideration
of all of the evidence, testimony, argument of those persons
present and desiring to be heard the City Council determined to
grant the appeal and adopted the Negative Declaration, issued by
the Land Use Planning Manager on March 12, 1984,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That the above recitations are true and correct.
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B. That the findings of Planning Commission Resolution
No. 2265, dated May 9, 1984, do not reflect the findings of the
City Council at their meeting of June 5, 1984. That based on
the evidence presented at the public hearing the City Council
grants the applicant's appeal and makes the following findings:
Findings:
1. The project is consistent with the City's general plan since
the proposed density of 16.9 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 of the general plan.
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 policies and ordinances since:
a.
b.
C.
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e.
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 San Marcos School District has written a letter, dated January 3, 1984, stating that school facilities will be available to this project.
Park-in-lieu fees are required as a condition of approval .
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
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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.
f. Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad.
4, The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design
Guidelines Manual,
5. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the general plan,
6. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the
Land Use Planning Manager on March 12, 1984 and approved by
the City Council on June 5, 1984.
C. That the City Council hereby aproves tentative
tract map CT 84-2 and condominium permit CP-270 subject to the
following conditions:
Conditions:
Approval is granted for CT 84-2/CP-270, as shown on Exhibits
llA1l-llIt', dated March 14, 1984, incorporated by reference anc
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 determinqs 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 January 16, 1984, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid
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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 to the approval of the final map as required by Chapter
20.44 of the Carlsbad 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 San Marcos County Water District.
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.
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 Manager prior to final map approval.
The landscape plan shall include special treatment for the slopes above the proposed crib walls adjacent to Alga Road.
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.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Loca- tion 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 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.
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16) 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 approval of
the Land Use Planning Manager and North County Transit
District .
17) All guest parking spaces shall be clearly marked with pole signs .
18) The minimum distance between the building located in the southeasterly corner of the project and the proposed crib- wall shall be 20 feet.
Enqineerinq Conditions:
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 verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
Upon completion of grading, the developer shall insure that
an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con tour map which represents both the pre and post site grad-
ing. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a per-
manent record.
No grading shall occur outside the limits of the subdivisio,
unless a letter of permission is obtained from the owners o the affected properties.
The developer shall submit soils and geologic reports, engineering drawings and calculations and other substantiating data in type, format and quantity to the
satisfaction of the City Engineer that will substantiate thl
design of slopes, retaining walls, slope maintenance, slope drainage and associated facilities as proposed by the tentative map, accompanying exhibits and conclusions reachel by the data so complied. The developer shall pay for peer review performed by a Soils Engineer or Engineering Geologist chosen by the City Engineer to perform said
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review. The developer shall pay for the review prior to the
performance of said review. The City Engineer shall have final authority to accept or reject any or all conclusions
reached in the reports. No permits of any type will be issued by the City unless the City Engineer concurs with the
proposed methods to treat the slopes investigated. The
final map for this project will not be approved unless the soils information, facilities design and maintenance program
for slopes and retaining walls are approved by the City Engineer and are located as shown on the tentative map.
24) The developer shall place the following notes on the final
map :
Geotechnical Caution:
a) "Slopes steeper than two parts horizontal to one part
vertical exist within the boundaries of this subdivision."
b) "Geotechnical investigations of this subdivision performed by Geocon Incorporated, a respresentative of the developer, state that,
It . . .No geologic hazards or significantly adverse soil conditions were encountered within the general project area which would preclude the construction of the La Costa Pointe Development as presently proposed.
Signators to the report are James E. Likins RCE 17030,
Michael W. Hart CEG 706, and Wesley Spang (no registration indicated) .
c) "The owner of this property on behalf of itself and all
of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any
action that may arise through any geological failure
and subsequent damange that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance.
The developer shall execute a hold harmless agreement regarding any damage and/or claims that may arise through
any geological failure and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction
operation or maintenance.
The developer shall construct a retaining wall on the
existing slope within the project property boundaries
adjacent to the street rights-of-way that will allow the
construction of sidewalk and grading of the parkway to the
right-of-way line in accordance with standards for a major arterial street.
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2E
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.
During and after the construction phase of this project the
developer shall exercise special care to minimize soil
erosion on the project site and to prevent any off-site siltation from the project. The developer shall submit to,
and obtain the approval of, the City Engineer of a plan to achieve this prior to issuance of any permits for this project .
Improvements including, but not limited to, the following items shall be installed by the developer and approved by the City Engineer prior to filing the final map. Alternately, the installation of said improvements shall be guaranteed by a security agreement obtained by the developer in an amount and of a type required by the Carlsbad Municipal Code. To wit:
a) Street Light
b) Street Trees c) Sidewalks
The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with
City of Carlsbad Standards prior to occupancy of any build-
ings.
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 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 Carlsbad 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 homeowner's association in perpetuity. This respon- sibility shall be clearly stated in the CC&R1s.
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
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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.
36) All grading, off-site improvements, landscaping, retaining walls, storm drain facilities and erosion and silation control facilities shall be completed prior to issuance of
Certificates of Occupancy for structures of either lot of
this project.
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 site plan
showing locations of existing and proposed fire hydrants an( on site roads and drives subject to the approval of the Fir( 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 material;
being located on the project site.
All fire alarm systems, fire hydrants, extinguishing sys- tems, 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 opening:
therein which shall split the building into 10,000 sq.ft. (or less) areas.
PASSED, APPROVED AND ADOPTED at a regular meeting of
Carlsbad City Council, held on the 19th day of June
1984 by the following vote, to wit:
AYES: Council -rs Casler, Lewis and Chick
NOES: Council 1-s Kulchin and Prescott
ABSENT: None
I MARY H. VSLER, Mayor
L/ ATTEST:
P