HomeMy WebLinkAbout1980-08-19; City Council; 6318-1; 40 Unit Tentative tract map and condo permit/'
CITY OF CARLSBAD
AGENDA B L LL N0.6318-Supplement I 1 L
DATE : Auuust 19. 1980
DEPARTMENT City Attorney .
Initial:
Dep t . Hd
C. Atty
C. Mgr.
'ubject: 40-UNIT TENTATIVE TRACT MAP AND CONDOMINIUF PEHKCT
CASE rJo. CT 79-28/cp-105 APPLICANT : MOLA
. Statement of the Matter
The City Council, at your meeting of August 5, 1980, directed
the City Attorney to prepare the necessary docup-ents approv-
ing Tentative. Subdivision Map (CT 79-28) and Condominium
Permit (CP-105). A resolution in that regard is attached.
Exhibit
Resolution No. (o a 7 2 .
Recommendation
If that City Council concuLs, your action is. to adopt
Map CT 79-28 and Condominium Permit CP-105.
- Resolution No. approving Tentative Subdivision
Council Action:
8-19-80 Council adopted Resolution 6272, approving CT 79-28 and CP-105.
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A RES JT
RESOLUTION NO. 6272
ON OF THE CITY COUNCIL F THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION
MAP (CT 79-28) FOR A 40-UNIT CONDOMINIUM
PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-105) FOR SAID PROJECT ON FROPERTY GENERPLLY LOCATED ON THE EAST SIDE OF
EL CAMINO REAL, NORTH OF SWALLOW LANE.
APPLICATION: MOLA DEVELOPMENT.
WHEREAS, on July 9, 1980 the Carlsbad Planning Commission
adopted Resolution No. 1665 recommending to the City Council
that Tentative Subdivision Map (CT 79-28) and Condominium Permit
(CP-105) be conditionally approved; and
. WHEREAS, the City Council of the City of Carlsbad, on
August 5, 1980, held a public hearing to consider the recommenda-
tions of the Planning Commission and to receive all recommenda-
tions and hear all persons interested in or opposed to Tentative
Subdivision Map (CT 79-28) and Condominium Permit (CP-105); 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, California as follows:
A. That the above recitations are true and correct.
B. That the findings of.the Plan'ning Commission in
Resolution No. 1665 constitute the findings of the City Council
in this matter.
C. That said Tentative Subdivision Map, together with
the provisions €or its design and improvement and subject to
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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 79-28) and Condominium
Permit (CP-105) 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. 1665, dated July 9, 1980, 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 the19th -- day
of August , 1980 by the following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
ATTEST :
ALETHA L. WUTENKRA9, City Clerk
(SEAL)
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has
* EXHIBIT A TO CITY COUNCIL RESOLUTION NO. 6272
PLANNING COF'LIIIISSION RESOLUTION NO. 1665
I
A RESOLUTION OF TIIE PLANMING COI4MISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING '
APPROVAL FOR A 40 UNIT CONDOMINIUM PROJECT ON
PROPERTY GENEXALLY LOCATED ON THE EAST SIDE OF
. EL CAMINO REAL, NORTH OF SWALLOW LANE.
APPLICANT: MOLA DEVELOPMENT CASE NO: CT 79-28/CP-105
WHEREAS, a verified application for certain property to, wit:
A portion of the west half of the northeast quarter of
Section 26, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California
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
WHEFGAS, the Planning Commission did, on the 9th day of July,
1980, hold a duly noticed publip hearing as prescribed by law to
zonsicisr 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 Conunission considered all factors relating to
the Tentative Tract Map and Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
:omission as follows:
9) 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 79-28/CP-105, based on the following findings and subfcct to the following conditions:
F ind i 11 cj s .-
1) Thc project is consistent with the city's current general plan sincc it is within the density ranyc specificd for tlic site as indicatcd.on the Land Usc I~lcmcnt of thc Cciicrcll Plan.
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The site is physically suitable for the type and density of the dcvelopmcnt since the site is adequate in size and shape to accommodate residential development at tlic density and still meet all the requirements of the condominium ordinance.
The project is consistent with all city public facility policies arid ordinances since:
a.
b.
C.
d.
e.
f.
The use
The applicant has received 40 edu's from the Leucadia County Water District.
The Planning Commission has, by inclusion of an
appropriate condition to this condominium permit and tentative subdivision map, 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 condominium project unless the City Engineer determines
that sewer service is available. Since the final map
cannot be approved unless sewer service is available, and building cannot occur within the project unless sewer service remains available, the Planning Comdssion 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 tentative map and condominium permit approval.
School facilities will be provided by the Carisbad
Unified School District.
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 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.
proposed project is compatible with the surrounding land since the property to the south has been developed for -- multiple family residential purposes . -
Conditions ,
1) Approval is granted for CT 73-22/CP-*105, as shown on Exhibit(s "A", datcd Junc 25, 1380, and Exhibits 'ID" , IIC", IID", u'l<'', and
' "F", dated May 5, 1380, incorporated by reference and on file in thc Planning Dcpnrtmcnt Devclopmcnt shall occur sub- stantially as shown unless otherwise noted in these conditions
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10) '
This project is approved upon the express condition -
that building permits will nDt be issued for dcvelopmcnts of the subject property unless the City Engineer determines that sewer facilitiescare available at the time of application for such sewer permits and will continue to . be available until time of occupancy.
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 the applicant shall pay a public facilities.fee as
required by City Council Policy No. 17, dated August 29, 1979, 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 agreemen'c dated May 8, 1980, is on file with the City Clerk and is 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 prepare a reproducible mylar of the final condominium site plan incorporzting the conditicns contained herein. Said site plan shz.11 be submitted to
and approved by the Planning Department prior to the issuance of building permi,cs.
The applicant shall prepare.a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Department prior to final map approval.
The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrict,ions.
Said CC&R's shall be submitted to and approved by the
Planning Department prior to final map approval.
Prior to recording the final map, the applicant shall submit a letter from the Leucadb Water District staking that sufficient water will be available for this project at the
time development occurs.
The appl5.cant shall install street tzrccs to city spec-
ifications at 40 foot intervals along a11 public street frontages prior to final occupancy of any building.
The variety of said trees shall be subject to the
approval of the Parks and Recreation Department.
The applicant shall pay park-in-lieu fccs to thc city, prior to the approval of the final map as per Chaptcr
20.44 of the city's subdivision regulations.
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The applicant shall. submit: a street name list consistent
with the city's street naming policy subject to the . Planning Director's approval prior to final map approval.
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. *.
Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance
and shall require review and approval by the Planning Department prior to installation of such signs.
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and
debris.
Trash receptacle areas shall be enclosed by a 6 foot
high masonry wall with gates pursuant to city standards.
Location of said receptacles shall be approved by the Planning Department.
All roof appurtenances, including air conditioners,
shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties
and streets to the satisfaction of the Planning Department ard Building Department.
The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading permit prior to issuance of building permits.
The developer shall receive the approval of the City . Engineer for a site grading plan and obtain a grading
permit prior to issuance of building permits.
Grading shall occur in accordance with an approved grading and erosion control plan, city standards, and an approved soils and geologic investigation repo2t 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 subject to the approval of the City Engineer.
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Drainage improvements shall be constructed in accordaizce
with an approved plan, and the work shall be coordinated with the overall plan for grading to the satisfaction of the City Engineer.
All units shall be provided with at least 480 cubic feet of enclosed storage area conveniently accessible to the outdoors.
All units shall provide space for laundry facilities to accommodate a washer and dryer.
The two barbecue facilities shown on Exhibit "A" within the San Diego Gas and Electric easement shall be relocated to an area adjacent to the swimming pool facilities.
Building 412 sha'll be relocated to the west so it is at least 15' from the nearest open'parking space.
Approval of this project CT 79-28/CP-105 does not
constitute approval of the future improvements shown on
Exhibit A. The applicant will be required to file a separate tentative map and condominium permit for the
construction of these units.
The proposed future driveway and parking spaces along the southerrz edge of the project as shown on Exhibit
"A" are specifically not a:-proved as part of this project.
The applicant shall institute a detailed archaelogical investigation, inventory and resource recovery program
covering the subject property prior to the issuance of grading permits, as suggested by the letter of
February 23, 1980, from Jay Ilatley of Regional Environmental Consultants. Said program shall be
performed by a qualified archaeologist and a report. detailing the proposed program arid findings shall be
submitted to and approved by the Planning Director prior to issuance of any grading permits.
An all weather access road shall be maintained throughout
construction as required' by the Fire Marshall.
Water for fire protection to be in.before combustibles are on building site as required by Fire Marshall.
In order to provide for fire protection, adequate fire hydrants with required fire flow shall be installed on and off site as required by the Fire Marshall.
All private driveways shall be kept clear of parked vehiclcs at all tirncs, and shall have posted "No Parking/F'irc Lanc/'l'ow Away Zone" a5 per condition in Municipal Code.
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32) Fire retardant roof shall be requested on all structu-res
33) Brush clearance shall 4e maintained within a minimum
by Building and Fire Department,
distance of 30 feet t6 each residence.
Grading
34) A report of a geotechnical investigation and a grading plan of the site shall be submitted by the applicant to the City Engineer for approval prior to the issuance of a grading
permit. The report shall be prepared by a civil engineer and a geologist licensed by the State of California and
experienced in erosion control and slope stability. Recommendations made in the report shall be included on the
grading plans.
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35) The grading for this project shall be designated as controlled grading. A civil engineer and geologist shall observe the . grading and coordinate the testing, If soil or geologic
conditions are observed to be different than expected, they shall recommend appropriate remedial measures or changes to the plans. At the conclusion of grading they shall prepare an "as-graded" plan showing the grading as performed and the
existing geologic conditions and'they shall certify the adequacy of the site for development prior to the issuance of building germits.
All cut and fill slopes shzll be no steeper than 2 horizontal to 1 vertical unless a report of a geotechnical in;estigation prepared by a civil engineer demonstrates that the slope
stability and erosion resistance of a steeper slope are
adequate and it is approved by the City Engineer. No slopes are permitted within public street right-of-way.
To mitigate'erosion, all exposed slopes shall be hydroseeded or planted immediately upon completion of grading activities. The seed mix shall be designed by an expert in the field based on a soil analysis of the slopes per approval of the Parks and Recreation Director.
No grading may be performed during the period of October 1
to April 15, unless an erosion control plan including dcsilting basins, etc., is submitted as part of the grading
plan and is approved by the City Engineer.
Clearing operations shall not be allowed in advance of grading
but rather shall be concurrcnt with an immcdiatcly procccding grading activities. A grading permit must bc obtained prior to commcnccmcnt of clearing operations. Clearing shall be
limited to the minimum area ncccssclry to pcrfprm grading
opcrations.
No grading shall occur outside thc limits of the subdivision. unlcss Q letter of pcrmission is obtained from the owncrs of
thc .affcctcd. propcrtics.
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Private Streets and Drainage
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'The design of the private street and drainage shall be approvcc by the City Engineer. of 32 feet and shall have a 5 foot wide sidewalk on the south side. The north side shall be posted no parking. The design shall include street lights, curb and gutter storm drain facilities or other features as required by the City Engineer.
The structural section of the private street shall conform to the City of Carlsbad standards based on R-value tests.
.The street shall have a minimum 1;idt-h
All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This condition excludes all drainage easements granted to the City of
Carlsbad. This condition shall be placed in the CC&R's.
Additional'drainage easements and structures shall be
provided or installed as may be-required by the County Department of Sanitation and Flood Control and/or the
City Engineer.
All concrete terrace drains shall be maintained by the
homeowner's association or individual property owner in
perpetuity. A statement clearly identifying this respon- sibility shall be placed in the CC&R's.
Prior to recordation of the final map the applicant shall submit to the city written verification from the Costa
F.?al Water District that all the requirements and c-onditions of the Costa Real Water District have been met.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 9th day of July, 1980, by the following vote, to wit:
AYES: Schick, Larson, Friestedt, Marcus, Leeds, Rombotis,
NOES: None
and Jose
ABSENT: None ,
ABSTAIN: None
ATTEST :
PC RESO. 111665
CARLSBAD PLANNING COl, ISSION %