HomeMy WebLinkAbout1981-01-20; City Council; 6468-1; 14 Uit tentative map & condominium permitc /**%
CITY OF CARLSBAD
AGENDA BILL NO. 6468-Supplement 1 _ ^ Initial:
Dept.Hd. _
DATE: _ January 20. 1981 _ c> Atty.Q5^ ',
DEPARTMENT _ City Attorney __ c- Mgr.
Subject: 14_UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT
APPLICANT: WARD CASE NO: CT 80-41/CP-135
Statement of the Matter
The City Council, at your meeting of January 6, 1981,
directed the City Attorney to prepare the necessary
documents approving Tentative Subdivision Map (CT 80-41)
and Condominium Permit (CP-135) . A resolution in that
regard is attached.
Exhibit
Resolution No
Recommendation
If the City Council concurs, your action is to adopt
Resolution No. jp^l°l approving Tentative Subdivision
Map Ct 80-41 and Condominium Permit CP-135.
Council Action:
1-20-81 Council adopted Resolution 6419.
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CENT F. BIONDO, JR."RNEY - CITY OF CARLSIi|•to 1200 ELM AVENUEBAD, CALIFORNIA 92008co
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RESOLUTION NO.6419
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE SUBDIVISION
MAP (CT 80-41) FOR A 14-UNIT CONDOMINIUM
PROJECT AND APPROVING CONDOMINIUM PERMIT
(CP-135) FOR SAID PROJECT ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF
NAVARRA DRIVE, WEST OF VIEJO CASTILLO
IN THE RDM ZONE.
WHEREAS, on November 26, 1980 the Carlsbad Planning Commission
adopted Resolution No.1726 recommending to the City Council that
Tentative Subdivision Map (CT 80-41) and Condominium Permit
(CP-135) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
January 6, 1981, held a public hearing to consider the recommenda-
tions of the Planning Commission and to receive all recommendations*
and hear all persons interested in or opposed to Tentative
Subdivision Map (CT 80-41) and Condominium Permit (CP-135); 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 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. 1726 constitute the findings of the City Council
in this matter.
C. That said Tentative Subdivision Map, together with
the provisions for 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 80-41) and
Condominium Permit (CP-135) 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. 1726, dated November 26, 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 20th
day of January , 1981 by the following vote, to wit:
AYES: Council Members easier, Anear, Lewis and Kulchin
NOES: None
ct
ABSENT : None
ABSTAIN: Council Member Packard /^~~) / — ~) / />
J^/l-&~}l-^sli?{ s^i- C/ e3--£''Y£<&**4\
. RONALD C. PACKARD, Mayor
ATTEST:
&&±L^ ^./fa^Jj^.
ALETHA L. RAUTENKRANZ, City Clerk \
(SEAL)
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CASE NO: CT 80-41/CP-135
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WHEREAS, a verified application for certain property to,
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EXHIBJfiL A TO CITY COUNCIL
'-RESOL'btJcON NO. 6419
PLANNING COMMISION RESOLUTION NO. 1726
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A 14 UNIT CONDOMINIUM PERMIT AND
TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED
ON THE SOUTH SIDE OF NAVARRA DRIVE, WEST OF
VIEJO CASTILLO IN THE RDM ZONE.
APPLICANT: ROY WARD
Lot 40 of La Costa South Unit No. 1 according to map
thereof No. 6117 filed in the offices of the County
Recorder of San Diego County, June 3, 1968.
'has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application cpnstitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 26th day of
November, 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 testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to the
Tentative Tract Map and Condominium Permit.
NOW, THEREFORE, 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 presented at the public hearing,
the Commission recommends APPROVAL of CT 80-41/CP-135,
based on the following findings and subject to the following
conditions:
P7f>t Findings:
1) The project is consistent with the city's general plan since
1 . the proposed density of 28.6 du's/acre is within the density
range of 20-30 du's/acre specified for the site as indicated
2 on the Land Use Element of the General Plan and can be
justified for the reasons stated in the stcff report.
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2) 'xhe site is physically suitable for the type and density of
4 the development since the site is adequate in size and shape
to accommodate residential development at the density proposed
5 and still meet all the requirements of the condominium
ordinance.
3) The project is consistent with all 'city public facility
7 policies and ordinances since:
8 a) The applicant has received 14 edu's from the Leucadia
County Water District.
b) The Planning Commission has, by inclusion of an
10 appropriate condition to this condominium permit and
tentative subdivision map, insured that the final map
11- ' will not be approved unless the City Council finds that
sewer service is available to serve the project. In
12 addition, the Planning Commission has added a condition
• that a note shall be placed on the final map that
13 . building permits may. not be issued for the condominium '
project unless the City Engineer determines that sewer
1-4 service is available, and building cannot occur within
the project unless sewer service remains available,
15 the Planning Commission is satisfied that the requirement!:
of the public facilities element of the general plan
16 ' :"• have been met insofar as they apply to sewer service
for this tentative map and condominium permit approval.
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c) School facilities will be provided by the San Dieguito
18 • Union High School and Encinitas Union School Districts.
19 d) Park-in-lieu fees are required as a condition of approval
20 e) All necessary public improvements have been provided or
will be required as conditions of approval.
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f) The applicant has agreed and is required by the inclusion
22 of an appropriate condition to pay a public facilities
• .. fee. Performance of that contract and payment of the
23 fee will enable this body to find that public facilities
will be available concurrent with need as required by
24 the general plan.
25 4) The proposed project is compatible with the surrounding
land use since the property to the east has been developed
26 for high density multiple family residential purposes and
the property to the north and west has been designated for
27 development as high density multiple family residential
purposes.
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PC RESO #1726 ' ' -2-
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and approved by the Planning Commission on November 26, 1980.
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Conditions
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1) Approval is granted for CT 80-41/CP-135, as shown on
5 Exhibits "A".- "H" dated November 14, 1980, incorporated
by reference and on file in the Planning Department.
6 Development shall occur substantially as shown unless otherwis
noted in these conditions.
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2) This project is approved upon the express condition that the
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5) This project will not cause any significant environmental
impacts, and a Declaration of Negative Environmental Impact
has been issued by the Planning Director on November 5, 1980,
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. . v
3) This project is approved upon the express condition that
building permits shall 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.
4) 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 r_.ie agreement
executed by the applicant for payment of said fee a
copy of that agreement, dated October 2, 1980, 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.
5) The applicant shall prepare a reproducible mylar of the
final condominium site plan incorporating the conditions
contained herein. Said site plan shall be submitted to
and approved by the Planning Director prior to the
issuance of building permits.
6) The applicant stiall prepare a detailed landscape and
irrigation plan which shall be submitted to and approved
by the Planning Director prior to final map approval.
7) 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 Planning
Department prior to final map approval.
8) 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.
PC RESO fll.726
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Fire
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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. "•
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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 repeptacle 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 Director.
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 and Building
Director. ,
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.
Concrete wheel stops shall be provided two and one-half feet
•from the end of each parking stall.
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Department •
The parking garage shall be protected by an automatic fire
sprinkler system pursuant to the Uniform Building Code
and the Fire Code.
A dry standpipe system for Fire Department use shall be
installed as required by the Fire Marshall.
All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and, other systems pertinent to the
location, shall be submitted to the Fire Department for
approval prior 'to construction.
Fire retardant roofs shall be required on all structures
and shall be approved by the Building and the Fire
Department.
The proposed security gate systems shall be subject to
approval of both Police and Fire Departments prior to approval
of final map.
In order to provide for fire protection during the construct!'
period, the applicant shall maintain passable vehicular
access to all buildings. In addition, adequate fire hydrants
as required by the Fire Department.
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Parks and Recreation Department
22) All irrigation lines adjacent to the sidewalk shall be setback
at least 12" from the sidewalk.
23) All slopes shall be planted with shrubs, trees and ground
cover at the rate of one - 1 gallon plant per 225 square feet
or 15' on center and hydroseeded with a seed mixture approved
by the Parks and Recreation Department.
Engineering Department .
24) A retaining v/all shall be shown on the tentative map and
site plan around the swimming pool.
25) The developer shall obtain a grading permit prior to the
commencement of any additional clearing or grading of the site
26) The grading for this project is defined as "regular grading"
by Section 11.06.170(a) of the Carlsbad Municipal Code.
The developer shall submit a grading plan for approval which
shall include all required drainage structures and any
required erosion control measures. The developer shall also
submit soils, geologic or compaction reports if required and
shall comply with all provisions of Chapter 11.06 of the
Carlsbad Municipal Code.
27) The developer shall install street trees at the equivalent
of 40-foot intervals along all public street frontages in
conformance with city of Carlsbad standards. The trees shall
be of a variety selected from the approved street tree list.
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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 26th day of November, 1980, by the following vote, to wit:
AYES: Marcus, Rorribotis, Larson, Jose, Friestedt
NOES: None
ABSENT: Leeds
ABSTAIN: L'Heureux
v.
ATTEST:
MARY MARCUS, Chairman
CARLSBAD PLANNING COMMISSION
ES C. HA0AMAJSj5f Secretary
ARLSBAD PLANNING COMMISSION
PC RESO #1726
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CT 80-41
EXHIBIT A
AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
This Agreement is made this ~^>Q<-~ day of .JQJAP
tween the City of Carlsbad, a m
(hereinafter called "City") and |sQV
between the City of Carlsbad, a municipal corporation,
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(hereinafter called "Subdivider")
RECITALS
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1. Government Code Section 66452.6(e) and Carlsbad Municipal
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Code Sections 20.12.110 and 10.24.180 permit Subdividers to
request and City to approve, conditionally approve or deny
extensions of time for the expiration of tentative maps or
tentative parcel maps (hereinafter collectively called
"Tentative Subdivision Maps").
2. El Patio v. Permanent Rent Control Board, 110 Cal. App.3d
915, modified '! 11 Cal. App 3d 788 (1980) indicates that the
Government Code (Subdivision Map Act) may not authorize City
to impose new conditions; i.e., those which were not
imposed on the tentative subdivision map, upon the
extension of the time for expiration of a tentative
subdivision map, but also held that the City does have
discretion to approve or deny such extensions.
3. Government Code Section 66452. 6 (d) and Carlsbad Municipal
Code Sections 20.12.100(d) and 20.24.160 provide that
expiration of a tentative subdivision map shall terminate
all proceedings and that no final map or parcel map for any
property covered by the tentative subdivision map shall be
filed without first processing a new tentative subdivision
map.
4. Subdivider has requested City to approve the extensioin of
time for Tentative Subdivision Map No. £Y %O ~
which was initially approved on JOLVVO Q V^/ ^-"fc . l^t ^ ' •/ r*
5. Since the approval of said Tentative Subdivision Map, City
has conducted studies which show that the construction of
certain drainage facilities or thoroughfares are essential
to protect and provide for the health, welfare, and 'safety
of all of the present and future residents of City,
including those who will reside in said subdivision.
6. Since the approval of said Tentative Subdivision Map, City
has adopted a major drainage fee or major thoroughfare fee
or both to provide the funds to construct the necessary
drainage facilities and thoroughfares.
7. Since the approval of the Tentative Subdivision Map, City
has conducted studies which show the need to establish a
public facilities fee in order to provide for public
facilities to protect the public health, safety and welfare
of the present and future residents of City and to ensure
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that public facilities to serve the development will be
available concurrent with need as required by City's
general plan. Developer agrees to pay said fees and has
executed a contract which is on file with the City Clerk to
that effect. .
8. Because the original approval of said Tentative Subdivision
Map occurred prior to the adoption of the aforementioned
fees, City did not condition the approval of said Tentative
Subdivision Map with the payment of said fees.
9. Since the initial approval of the Tentative Subdivision Map
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there may have been changed circumstances which require
additional conditions of approval on the extension of the
Tentative Subdivision Map to protect the public health,
safety, and welfare, to mitigate affects on the environment
or to ensure consistency of the extended map with the City's
general plan and Municipal Code.
10. City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivision Map conditions requiring payment of the fees
mentioned above or conditions necessary to protect the
public health, safety or welfare, or the environment or
ensure consistency with the general plan or Municipal Code.
11. Without such voluntary consent of Subdivider to the
imposition of conditions City may be required to deny
Subdivider's request for extension to ensure that the
public health, safety and welfare or the environment are
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protected or that the general plan or Municipal Code
requirements are satisfied. Approval of the extension of
said Tentative Subdivision Map without assurances that the
fees mentioned above would be paid for said subdivision
would be contrary to the best interests of the City and
would threaten the City's ability to protect and provide
for the public health, safety, and welfare. Subdivider
agrees that it is in the best interest of City and
Subdivider that City be able to protect the public health,
safety and welfare, or the environment or ensure consistency
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with the general plan or Municipal Code by the imposition
of conditions on the extension of tentative subdivision
maps.
12. Subdivider realizes that denial of the requested extension
could result in the expiration of the tentative subdivision
map. Subdivider would then be required to incur
substantial costs and time delays in processing a new
tentative subdivision map approval of which would be
subject to new conditions necessary to ensure consistency
of the tentative subdivision map with the Subdivision Map
Act, the California Environmental Quality Act, Titles 19,
20 and 21 of the Carlsbad Municipal Code, the City's
General Plan and to protect the public health, safety and
welfare.
13. City has reviewed the Subdivider's request for an extension
of time for said tentative subdivision map and finds that
granting the request subject to certain conditions will not
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be contrary to the public health, safety, and welfare.
NOW, THEREFORE, in consideration of the recitals and of the
mutual convenants set forth herein, City and Subdivider agree as
follows:
1. City agrees to extend Subdivider 's Tentative Subdivision Map
for one year subject to whatever new or revised conditions the
City in its sole discretion deems appropriate.
2. Subdivider knowingly and voluntarily waives any and all rights to
the unconditioned extension of Tentative Subdivision Map No.
3. Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No.oQ'~^|( which requires payment of any fees
which may be in effect at the time of approval of the final
subdivision map for said subdivision or any portion thereof and
to the following additional conditions:
This approval is expressly conditioned on the payment by
the applicant of a public facilities fee as required by
City Council Policy No. 17, issued 2/24/82 and effective
4/2/82, 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. If said fee is not
paid as promised, this application will not be consistent
with the General Plan and the project cannot proceed and
this approval shall be void.
4. The provisions of Carlsbad Municipal Code Sections 20.12.110
and 20.24.180, as appropriate, shall govern extension of the
map which is the subject of this agreement.
5. If this agreement is for an extension of a tentative subdivision
map for a minor subdivision, the appeal of the City Engineer's
approval, or conditional approval, of the extension by any party
shall void this agreement unless
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the agreement is subsequently approved by the City Council,
6. Any action by Subdivider to challenge the legality of this
agreement or any failure by Subdivider to pay the fees and
comply with any other conditions applicable to the
extension shill void the approval of such extension. The
map shall not final and the development shall not proceed
until a new tentative subdivision map has bee'n approved.
ATTEST:
ALETHA L. RAUTENKRANZ,
City Clerk
APPRi
V1NCEN
CITY OF CARLSBAD, a municipal
corporation
By
MAYOR (M#jor Subdivisions)
CITY ENGINEER (Minor Sub-
divisions)
SUBDIVIDER
R\ , City Attorney
DAN]
City Attorney
E, Assistant