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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. 0 m CENT F. BIONDO, JR."RNEY - CITY OF CARLSIi|•to 1200 ELM AVENUEBAD, CALIFORNIA 92008co cc o 1 2 3 4 5 6 7 8 9 10 11- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 1 2 3 4 5 6 7 8 9 10 11. 12o CQw 59 1 "* .5! § 13 tt ^ 05 rf " iii < 14W U" — \ « J»TT §t|§ 15 SE £ 8 o- 16UJ Z N <in iv* 5 £ 18 19 20 •21 22 23 24 25 26 27 28 c •• o 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) ,- 2. 1 2 3 5 CASE NO: CT 80-41/CP-135 6 WHEREAS, a verified application for certain property to, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 20 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. 5 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. 17 . ' 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. 21 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. 28 //// PC RESO #1726 ' ' -2- 1 2 and approved by the Planning Commission on November 26, 1980. 5 Conditions 4 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. 7 2) This project is approved upon the express condition that the 8 9 10 11 14 15 16 17 18 19 20 21 23 24 25 2C 27 28 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 // • 1 2 5 4 5 6 7 8 9 .10 11 12 15 14 15 16•*• w 17 18 19 20 21 22 23 24 25 26 27 28 9) 10) 11) 12) 13) 14) 15) Fire 16) 17) 18) 19) 20) 21) ^^ ' . '***%'»»*/. \ 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 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. *> • 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 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. •J? 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 -5- 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, I (hereinafter called "Subdivider") RECITALS •» 1. Government Code Section 66452.6(e) and Carlsbad Municipal * •« 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 2. 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 * 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 3, A 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 t 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 4. 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 5. 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