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HomeMy WebLinkAbout1981-01-20; City Council; 6318-3; Amendment to tentative tract map and condo permit-, . ..- CITY - OF CARLSBAD DATE : January 20, 1981 DEPARTMENT City Attorney /- ? '1 Initial: Dep t . Hd . C!. Attyplt-p'' C. Mgr.'=W Subject: AN AMENDMENT TO A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT TO BUILD 10 ADDITIONAL UNITS. CASE NO.: CT 79-28(A)/CP-137 APPLICANT: MOLA DEVELOPMENT Statement of the Matter The City Council, at your meeting of January 6, 1981, directed the City Attorney to prepare the necessary documents approving an amendment to a previously approved 40-unit Tentative Subdivision Map (CT 79-28(A)) and Condominium Permit (CP-137). The amendment would provide for 10 additional units, totaling 50 units overall. The project was unable to obtain approval of these 10 units originally because of lack of sewer permits. Since that time, 10 additional permits have been obtained from the Leucadia County Water District. A resolution of approval is attached. Exhibit Resolution No.(b 111 . Recommendation If the City Council concurs, your action is to adopt Resolution NO. lp 4 / 4 approving Amended Tentative Subdivision Map (CT 79-28 (A) ) and Condominium Permit (CP-137). Council Action: 1-20-81 Council adopted Resolution 6414. 6 7 € s 1c 11 12 0 1E 2c 21 2; 2; 24 2: 2E 25 2E RESOLUTION NO. 6414 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS AN AMENDMENT TO A PREVIOUSLY APPROVED 40-UNIT TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO ADD 10 ADDITIONAL UNITS TO SAID PROJECT, GENERALLY LOCATED ON EL CAMINO REAL, NORTH OF SWALLOW.LANE. APPLICANT: MOLA DEVELOPMENT. CASE NO. : CT 79-28 (A) /CP-137) . WHEREAS, on December 10, 1980, the Carlsbad City Planning Commission adopted Resolution No. 1733 recommending to the City Council that an amendment to a previously approved 40-unit Tentative Subdivision Map (CT 79-28(A)) and Condominium Permit (CP-137) to add 10 additional units to said project be conditional1 approved: and WHEREAS, the City Council of the City of Carlsbad, on January 6, 1981, held a public hearing t& consider the recommendations of the Planning Commission and to receive all recommend..tions and hear all persons interested in or opposed to Amended Subdivision Map (CT 79-28 (A)) and'Condominium Permit WHEREAS, said project has been declared to have a non- significant 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 u 1980; 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. 1733 constitute the findings of the City Council 1 2 B 4 5 E 7 E 9 IC 11 19 20 .21 22 . 23 24 25 26 27 28 .- in this matter. C. That said Amended 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 said Amended Tentative Subdivision Map (CT 79-28(A)) and Condominium Permit (CP-137) 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. 1733, dated December 10, 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 the day Of ,TnrYI;Irv 1981 by the following vote, to wit: AYES: Council Members Casler, Anear, Lewis and Kulchin NOES : None ABSTAIN: Council Member Packard RONALD C. PACKARD, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clefk .. .. 2. 1-c 13 3.2 19 3.4 15 16 i7 le 19 20 22 22 23 24 25 26 27 28 has ’EXHIBIT A TO CITY COUNCIL RESOLUTION NQ-. 6414 - PLA”1”G CO>IMIRSIO;?i‘ RESOLUTION KO. 1733 ---_I -7 A RESOLTJTION OF THE PLAMNING COXMISSION OF THE CITY OF cimI,sxm, CALIFORNIA, XECOMMEMDINS APPROVAL‘ FOX AM ANEXCXENT TO A 40 UNIT TEFJTA- TIVE TRACT NAP A?ID CONDOMINI3W PERMIT TO ADD LO ADDITI0X”IL UNITS TO A PROJEC‘I’ ON EL CAT4INO REAL, NORTH OF SWfiLLOW LA;.TE. APPL 1 CANT : MOLA DEVELOPl4ENT CASE NO: CT 79-28 (AI /CP-137 ‘WEEREAS, a verified ap2lication for certain property to, wit: A porti0.n 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 WHEREAS, the Planning Commission?did, on the 10th day of December, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testinony and arguments, .if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Condominium ?errnit. NOW, THEREFORE, .BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations arc true and correct. ‘e B) That bssed on the evidence presented at the public hearing, the Commission recornmciids APPROVAL of CT 79-28 (A) /CP-137, based on the following findings and subject to the following conditions: 1) . The project is consistcnt with the city’s current gcneral. plan since it is within the density rancje spccificd for the site as indicated on tlic Land Use Izlcment of thc Gcncral Plan -. .. * 3. 2 3 4 5 6 7 8 9 . 1.0 11 12 3.3 34 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I \ 1.2) The site is physically suitable for the type and density of thz development since tki2 site is adequate in size and shcpe to accornocla tc residential development at the requested der,sity and still. xeet all the requirements of the condomini=m ordinance. 13) The project is consistent with all city pub]-lc facility policies and ordinznces since: , a. The applicant has rcccived.50 eciu's from the leucadia County Water District. b. The Planning Conmission has, by inclusion of an appropriate condition to this condominium permit and tentative subdivision rilap, insured that the find map will not be approved-unless the City Council fi.nc?s 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 filial nap that building permits may aot be issued for the condominiun project unless the City Engineer deterzninec that sewer service is available. Since ths final nap cannot be approved unless sewer service is available, and building cannot occur within the project unless sewer service remains availabl?, the Planning Conmission is satisfied that th2 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. Unified School District. Park-in-lieu fees are require'd as a condition of approval c. School facilities will be provided by the Orlsbai! d. e. All necessary public improvements have been provide6 or will be required as conditions of approval. f. 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 thz fee will enable this bodv to find that public facilit.?es .will be available concurrent with need as required by the General Plan. , 4) The proposed project is compatible with the surroucding land use since tho property to the south has been developed for multiplc.family residential purposes. 5) Thc project will not cause any significant cnvironmcntal - impacts and a Mcyati.vc Dcclnrntion was issued by the Planning Dircctor on Movcmhcr 12, 1380 and approved by thc Planning Cortunission on December 10, 1980. /////I .' *. IIPC RESOL #1733 -2- 3 s 3 2 1 c E ., E 'i E s 11 I2 14 xe 59 . * 20 21 22 .. 23 24 25 27 21, Approval is granted for CT 79-28 (A)/CF-137, as shown on , and "F", dated May 5, 1380, and Exhihits "G" I l'J1l f, I $1 E II and "I", dated October 27, 1980, incorporated by reference and on file in the Planning Department. Devclopnent shall- occur substantially LS shown unless otherwise noted in these conditions. krhibit "A", dated June 25, 1980, Exhibits ''E", 'IC", "D" I All previous conditions of CT 79-28/CP-105 approved by the City Council are no longer applicable to this project and shall be superceded by the conditions contained herein. This project is approved upon the express condition that building permits shall not be issued for development of the subject property unless the City Efigineer 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 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 note shall be placed on the final map. r This project is .approved upon the express condition 'that the applicant shall pay a pnblic facilities fee as reqgired by City Council Policy No. 17, dated Aurust 29, 1979, on file witn 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 8, 1980 and October 13, 1980, is on file with the City Clerk and is incorpora5ed 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 install street trees to city spec-- ifications at 40 foot intervals along all public street frontages prior- to final occgpancy 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 fees to the city, prior to the approval of the final map as per Chapter 20.44 of the city's subdivision regulations. Planning - Department 8). The applicant shall preparc a reproducible mylar of the . fink1 condominium sitc plan incorporating thc conditions contained hcrcin, Said site p.lari shn3.1 be submitted to and approvcd by thc .Planni.ncJ Ocpnrtment prior to the issuancc of building permits. , .I .. *, 1 2 9 31 14 16 27 18 19 . 20 21 22 23 24 25 26 28 The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Depnrtnent prior to final map approval. The applicant shail establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Department prior to f ilia1 map a2proval. Pricr to recording the final. map, the applicant shall submit a letter from the Leueadia Wzter District stating that sufficient water will be available for this project at the time development occurs. The applZicant shall submit a street -name list consistent with the city's street naming policy subject to the Planning Director's.approva1 prior to final map approval. The applicant shall provide school fees to nitigate conditions of overcrowding as part of building perinit application. These fees shall be based on the fee schedule in effect at the time of building permit .application. . Any signs proposed for this developnient shall be designed in conformance with the3City's Sign Ordinance and shall ;equire review and approval by the Planning Department prior to installation of such signs. All. landscaped areas shall be maintained in a hesltkj and thriving condition, free froin weeds, trash, and debris Trash receptacle iireas shall be enclosed by a 6 foot high inasonry 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 propertics and streets to the satisfaction of the Planning Department and Building Department. All units shall be provided with at least 480 cubic feet of enclosed storage area conveniently accessible to the outdoors. .I All units shall provide space for laundry facilities to accommodate a washer and dryer.. The proposed future driveGay and parking spaces along "A" arc specifically not approved as part of this projcct. ; the southern edge of the projcct as shown on Exhibit .. /I// PC RESO ill733 -4- 4- .. J- 2 .3 4 5 G 7 8 9 30 . 21 12 13 14 15 ; 36 17 IS 19 20 21, 22 23 24 25 2G 27 28 .- 21) The applicaat shall institute a detailed archaelogical investigation,. inventory and resource recovery program covering the subject property Frior to the issuance of grading permits, as suggested by the letter of February 23, 1980, from Jay Hatley of Regional Environmental Consultants. Said program shall be performed By a qualified archaeiolgist and a report *detailing the proposed program and findings shall be submitted to and approved by the Planning Director prior to issuance of any grading permits. Engineering - Department f A report of a geotechnical inve.stigation and a gradhg plan of the site shall be submitted by the applicant to the City Engineer for approval prior to the issuance of a cjradincj permit. The report shall be prepared by a civil engineer and a geologist licensed by the State cf California and experienced in erosion coitrol an? slope stability. Recom.endations nade in t5e report shall be included on the grading plans. The grading for this project shall be designated as contmllel grading. A civil engineer and geologist shall observe the grading aqd coordinate the testing. If soil or geologic conditions are observed to be different than expected, they shal: rcconx-tencl appropriate remeciial measures or changes to the plans. At the conclusion of grading they shall prc- pare an "as-graded" plar. showing the grading as Fer'Drmed and the existing geologic conditions and they shali certify he adequacy of the site for development prior to the issuance of building permits. All cut and fill slcpes shall be no steeper than 2 horizcntal to 1 vertical un1ess.a repsrt of a geotechnical investigcition prepared by a civil'engineer deponstrates that the slope stability and erosion resistance of a steeper slope are adequate and it is approved by the City Engineer. KO slopes arc 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 designcd by an expert in the field based on a soil analysis of the. slopes per approval of the Parks and Recreation Director. Clearing operations shall not be allowed in advance of grnclir but rather shall be concurrent with or immediately procccclinc grading activities. A grading permit must be obtained prior to conuncnccmcnt of clearing operations. Clearing sh~~l. be limited to the ininimuln area necessary to perform grading operations. No grading shall occur outsj-dc thc ljmits of the subdivision unlcss a lcttl?r of permission is obtained from thc owners of the affcctd propcrties. / .. ,' ..* c r: 4 3.C 13 12 3. z 34 19 .. 20 . "21 22 23 24 25 2G 27 28 The desi'yn of the priyate street and drqinage shsI.1 be: approved by the City Engineer. The street shall have a minimum width of 32 feet and shall have a 5 Ecmt wide cide-. walk on the south side. The north side shall be posted RO parking. The desicjn 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. , Drainage improvements shall be constructed in accordance with an approved plan, and the work. shall be coordinated with the overall plan for grading to the satisfaction of .the City Engineer. All privcate streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This condi- tion 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. HI1 concrete terrace drains shall be mafntained by the homeowner ' s association or individ?.al property owner in perpctuity. A statement clearly identj-fying this respon- sibility shall be placed in the CCtR's; Prior to recordation of the final map the applicant ;hall submit ta the city written verification from the Costa Real Water District that all the requirements and conditiom of the Costa Real Water District have been met. DeDar trnent ?ire - -L - _. __ - 34) The site plan shall b'e revised to provide a turnaround at the end of the drive serving builr?ings 4 and 5. The minimum radius of the turnaround shall be 55 feet. 35) The a-pplicant shall subinit two copies of a site plan . showing locations of existing and proposed fire hydrants and on-site roads and drives. 36) Adequate emergency vehicle turnarounds shall be provided by a cul-de-sac or a hammerhead when driveways are more than 150 feet deep. 37) All fire alarm systems, fire hydrants, extinguishing systcrns, automatic sprinklers, and other systems pertinent to the projcct shall be submitted to the Fire Dspartmcnt for approval prior to construction. 38) An all weather access road shall be mehtained thioughout construction as reqpircd by tlic Fire Marshall.. ?C RESOL ill733 -6-. 1 , . ,' .. 1 2 3 B 9 10 11 12 13 2.4 '35 16 -18 -19 20 21 22 23 z'd 25 26 27 ?O '39) Mater for fire protection to be in before combustibles are on building site as required by Fire Marshall. 40) In order to provide for fire protection, adequate fire hydrants with required fire flow shall be installed cn and off site as required by the Fire Ilarshall. 41) A?-1 private drivzways shall be kept clear of parked vehicles at a11 times, and shall have posted "NO Parking/Fire Lane/Tow Away Zone" as per condition in Municipal Code. 42) Fire retardant rcof shall be required on all structures 43) Brush clearance shall be maintained within a minimum by Building and Fire Department. c distance of 30 feet to each residence. PASSED, APPROVED AND ADOPTED at a regular meeting of the . 3lanning Commission of the City of Carlsbad, California, held on the loth day of December,. 1980, by the following vote, to wit: ' AYES: MARCUS , ROMBOTIS , LARSON, LEkDS, FRIESTEDT, . L'HEUR3UX AND JOSE NOES: NONE ABSENT: None ATTEST: Chairman COFDlISSI( PC RES0 U1733. -7- '