HomeMy WebLinkAbout1979-10-02; City Council; 5985-1; Tentative Map/Comdominium PermitCITY OF CARLSBAD
AGENDA BILL NO. 5985-Supplement 1 Initial:
Dept.Hd.
DATE: October 2, 1979 ,, , ...„ '••"— — i.t^.i.i— •- -——-^u_---..._ -. _ i......I,,.,,., !._.,. ,, _, I, .. . —— \^m Auwy*
DEPARTMENT: City Attorney C. Mgr.
Subject:TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT FOR 39 DWELLING
UNITS. CASE NO.: CT 79-7/CP-10 APPLICANT: FRIES
Statement of the Matter
The City Council, at your meeting of September 18, 1979,
Directed the City Attorney to prepare the necessary documents
approving Tentative Subdivision Map (CT 79-7) and Condominium
Permit (CP-10). The Resolution of approval is attached.
Exhibit
Resolution No.
Recommendation
If the City Council concurs, your action is to adopt
Resolution No. ~~
Council Action:
10-2-79 Council adopted Resolution 5951, approving with conditions
Tentative MAP (CT 79-7) for a 39-unit condominium project and
approving Condominium Permit (CP-10) for said project on
approximately 2.70 acres, generally located on the southwest
corner of El Fuerte and Santa Isabel Streets in La Costa.
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RESOLUTION NO. 5951
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE MAP (CT 79-7)
FOR A 39-UNIT CONDOMINIUM PROJECT AND
APPROVING CONDOMINIUM PERMIT (CP-10)
FOR SAID PROJECT ON APPROXIMATELY 2.70
ACRES, GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF EL FUERTE AND SANTA ISABEL
STREETS IN LA COSTA. APPLICANT: HARRY
FRIES.
WHEREAS, on September 12, 1979, the Carlsbad Planning
Commission adopted Resolution No. 1544 recommending to the
City Council that Tentative Map (CT 79-7) and Condominium
Permit (CP-10) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
September 18, 1979 held a public hearing to consider the
recommendations of the Planning Commission and to receive
all recommendations and hear all persons interested in or
opposed to Tentative Subdivision Map (CT 79-7) and
Condominium Permit (CP-10); and
WHEREAS, said Tentative Subdivision Map and Condominium
Permit have been declared to have a nonsignificant impact on
the environment and a Negative Declaration has been prepared
and filed in compliance with the requirements of the City
of Carlsbad Environmental Protection Ordinance of 1972;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 1544 constitute the findings of the City Council
with the exception of Finding (3)(g) which has been revised
as follows:
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"(3)(g) At this time, the City Council is not prepared
to find that all other public facilities necessary to serve
this project will be available concurrent with need. The
City Council has, by inclusion of an appropriate condition,
required that the project contribute to the costs of such
facilities. Since the development will pay its proportionate
share of the public facilities which it will require, the
City Council is satisfied that the requirements of the public
facilities element of the general plan have been satisfied."
C. That said Tentative Subdivision 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 Subdivision Map (CT 79-7) and
Condominium Permit (CP-10) are hereby approved subject to all
applicable requirements of the Carlsbad Municipal Code and to
the satisfaction of the following conditions:
1) Approval is granted for the portion of land described
in the application, CT 79-7/CP-10, and all attachments
thereto; and development shall be performed substantially
as shown on CT 79-7/CP-10, Exhibit A, B, C-l, C-2, D-l
and D-2, dated August 2, 1979, on file in the Planning
Department and incorporated by reference herein, except
for modifications required herein.
2) The applicant shall comply with all rules and regulations
of the San Marcos County Water District regarding water
service to the condominium project. Should extensions
to the existing public water system be deemed appropriate
by the San Marcos County Water District, the developer
will be required to provide the complete system.
3) The applicant shall prepare a reproducible copy of the
final condominium site plan incorporating all require-
ments of the condominium permit approval, and shall be
subject to the approval of the Planning Director.
4) The applicant will provide school fees to mitigate
conditions of overcrowding as part of building permit
applications. These fees shall be based on the fee
schedule in effect at the time of building permit.
5) The applicant shall submit, prior to final map approval,
a detailed landscape and irrigation plan for the
approval of the Planning Director. Said plan shall
'utilize, to the maximum extent feasible, drought tolerant
plant species and water conservation features.
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The landscape and irrigation system shall be installed
immediately upon completion of grading and, if_necessary,
temporary water connections shall be made prior to the
installation of the required subdivision improvements.
6) This subdivision and condominium plan 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.
7) • This subdivision condominium plan is approved upon the
express condition that building or grading permits will
not be issued for development of the subject property
unless the City Engineer determines that such sewer
facilities are available at the time of application for
such permits and will continue to be available until
time of occupancy. If the City Engineer determines
that sewer facilities are not available, building
permits will not be issued.
8) A water system and fire hydrants shall be provided by
the applicant subject to the approval of the Fire
Marshal.
9) In order to provide for fire protection during the con-
struction period, the applicant shall maintain passable
vehicular access to all buildings, and adequate fire
hydrants with required fire flows shall be installed as
recommended by the Fire Department.
10) All private driveways shall be kept clear of parked
vehicles at all times, and shall have posted "No Parking/
Fire Access Lane."
11) Street trees of a variety approved by the Parks and
Recreation Department shall be installed to City specification
at 40 foot intervals along-all public street frontages.
12) Prior to the issuance of building permits, the applicant
shall establish covenants, conditions and restrictions
for the condominium development which prohibits the
erection or construction of any fence or barrier within
the' development between and/or around the individual
dwelling units, except that a fence may be allowed
which encloses only the patio area adjacent to each
unit. Said CC&R'S shall be subject to the review and
approval of the Planning Director.
13) The developer shall install standard city street lights
along all public street frontages to the satisfaction
of the City Engineer prior to occupancy of any units.
14) The developer must receive the approval of the City
Engineer for the improvement plans, enter into the
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appropriate improvement agreement, post the required
security for the construction of public improvements
and pay the appurtenant fees prior to the recordation
of the final map.
15) The developer shall receive the approval of the City
Engineer for a site grading plan prior to any construction
being performed within the project site.
16) Grading shall occur in accordance with an approved
grading and .erosion control plan, City standards, and
an approved soils and geologic investigation report
(which shall include slope stability calculations and
construction specifications). All exposed slopes shall
be hydromulched or otherwise stabilized prior to the
issuance of building permits.
17) Drainage improvements shall be constructed in accordance
with an approved plan, and the work shall be coordinated
with the overall plan for grading and erosion control.
All facilities shall be maintained by the property
owner in perpetuity. This condition excludes all
drainage easements granted to the City of Carlsbad.
18) All public improvements shall be made in conformity to
the City of Carlsbad Engineering Design Criteria and
Standard Plans, the subdivision ordinance, and other
City standards approved by the City Engineer, without
cost to the City of Carlsbad, and free of all liens and
encumbrances. All improvement plans for water and
sewer service shall meet the requirements of the
respective service districts.
19) Additional drainage easements and drainage structures
shall be provided or installed as may be required by
the County Department of Sanitation and Flood Control
and/or the City Engineer.
20) All land and/or easements required by this subdivision
shall be granted to the City, without cost to the City,
and free of all liens and encumbrances.
21) At the time of filing for final map, the applicant
shall provide a list of at least three street names for
each proposed street, subject to the approval of the
Planning Director. These names shall conform to the
current City Council policy regarding names for this
region of the City.
22) Immediately upon the completion of grading, all slopes
in excess of 10 feet in vertical height shall be
stabilized by hydroseeding, mulching and fertilization.
The seed mix shall be designed by an expert in the
field based on a soil analysis of the slopes taken at a
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maximum interval of 500 feet, and
the Parks and Recreation Director
be designed so as to include the
shall be approved by
The seed mix shall
maximum number of
indigenous species as feasible without reducing the
effectiveness of the erosion protection. The mulch
shall be applied at not less than
the fertilizer at not less than 1
acceptable alternative.
23) The applicant shall pay a public
2,000 Ibs/acre., and
,000 Ibs/acre., or
facility fee as
established in City Council Policy No. 17. Payment
of the fee shall be guaranteed prior to approval of
the final map.
PASSED, APPROVED AND ADOPTED at a
City Council of the City of Carlsbad,
the 2nd day of October , 1979 by
wit:
AYES: Councilmen Anear, Lewi
NOES: None
ABSENT: Councilman Skotnicki^-
ABSTAIN: Councilman Packarcl/,/~
RONALD C
• ATTEST:
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ALETHA^L. RAUTENKRANZ, City Clerk ^
(SEAL)
-5-
regular meeting of the
California, held on
the following vote, to
s' and Councilwoman Casler
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. PACKARD, Mayor