HomeMy WebLinkAbout1981-01-20; City Council; 6472-1; 11 Unit Tentative Map & Condominium PermitCITY OF CARLSBAD
AGENDA BILL NO. 6472-Supplement 1 ^ Initial:
Dept.Hd.
DATE: January 20, 1981 c Afc-
DEPARTMENT City Attorney C. Mgr.
Subject:11 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT
CASE NO: CT 80-42/CP-136 APPLICANT: HEATON
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 80-42)
and Condominium Permit (CP-136). A resolution in that
regarding is attached.
Exhibit
Resolution No.
Recommendation
If the City Council concurs, your action is to adopt
Resolution No. fr"*//fr' approving Tentative Subdivision
Map CT 80-42 and Condominium Permit CP-136.
Council Action:
1-20-81 Council adopted Resolution 6416.
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RESOLUTION NO. 6416
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE SUBDIVISION
MAP (CT 80-42) FOR AN 11-UNIT CONDOMINIUM
PROJECT AND APPROVING CONDOMINIUM PERMIT
(CP-136) FOR SAID PROJECT ON PROPERTY
GENERALLY LOCATED ON SOUTH SIDE OF SANTA
ISABEL STREET. APPLICANT: HEATON.
WHEREAS, on December 17, 1980 the Carlsbad Planning
Commission adopted Resolution No. 1739 recommending to the
City Council that Tentative Subdivision Map (CT 80-42) and
Condominium Permit (CP-136) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
January 6, 1981 held a public hearing to consider the
recommendations of the Planning Commission and to receive all
*t
recommendations and hear all persons interested in or opposed
to Tentative Subdivision Map (CT 80-42) and Condominium Permit
(CP-136); 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
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City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
C. That the findings of the Planning Commission in
Resolution No. 1739 constitute the findings of the City Council
in this matter.
C. That said Tentative Subdivision Map, together with
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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 80-42) and Condominium
Permit (CP-136) 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. 1739, dated December 17, 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
ABSENT: None
ABSTAIN: Council Member Packard
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. "RAUTENKRANZ, City Clefk
(SEAL)
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EXHIBIT If^PO CITY COUNCIL
SOLUTION NO. 6416
' PLANNING COMMISSION RESOLUTION NO. 1739
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL" FOR AN 11 UNIT CONDOMINIUM PERMIT AND
TENTATIVE TRACT MAP ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE 0? SANTA ISABEL STREET.
APPLICANT: HEATON
CASE NO; CT 80-42/CP-136
WHEREAS, a verified application" for certain property to
wit:
Lot 408 of La Costa Meadows No, 2 in the City of Carlsbad
according to map thereof No. 6905'filed in the Office
of the County Recorder April 12, 1971
has 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 Coiranission.-did, on the 17th day of
December, 1980, hold a duly noticed public hearing as prescribed
by law co consider said request; and
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V7HEREAS, 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:
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A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends AJ^PROVAL of CT 80-42/CP-136,
based on the following findings and subject to the following
conditions:
Findings;
1) The project is consistent with the city's General Plan, since
the proposed density of 17.4 du's/acre is within the density
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2)
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range of 10-20 du's/acre specified for the site as indicated
on the Land Use Element of the General Plan and can be
justified for the reasons stated in the staff report.
The site is physically suitable for the type and density of
the development since the site is adequate in size and shctpe
to accommodate residential development at the density
proposed and still meet all of the requirements of the
Condominium Ordinance.
The project is consistent with all city public facility
policies and ordinances since:
a) The applicant has received 11 edu's from the Leucadia
• ••: County Water District.
b) 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 cond5 t.lon
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, and building cannot occur within
the project unless sewer service remains available,
the Planning Commission 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. • ^
c) School facilities will be provided by the San Marcos
School District.
d) Park-in-lieu fees are required as a condition of approva
e) All necessary public improvements have been provided or
will be required as conditions of approval.
f) The applicant has agreed and is required by the inclvxsic
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 facilitie
will be available concurrent with need as required by
the General Plan.
The proposed project is compatible with the surrounding land
use since the property to the north is being developed "at a
similar density and the property to the south has also
been designated for medium-high density residential
development.
PC RESO #1739 -2-
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5) This project \tfill not cause any significant environmental
impacts, and a Negative Declaration has been issued by the
Planning Director on November 19, 1980, and approved by the
Planning Commission on December 17, 1980.
Conditions
General Conditions
1) Approval is granted for CT 8Q-42/CP-135, as shown on
Exhibits "A" - "G" dated November 6, 1980, incorporated
by reference and on file in the Planning Department.
Development shall occur substantially as shown unless
otherwise noted in these conditions.
2) 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.
3) This project is approved upon the express condition that
building permits will 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. This note shall be placed on the final map,
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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 the agreerpnt
executed by the applicant for payment of said fee a
copy of that agreement dated September 22, 19SO, 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.
Planning Department .
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 shall 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.
PC RESO #1739
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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.
9) 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.
10) Any signs proposed for this development shall be designed
in conformance with the city's Sign Ordinance and shall
require review and approval of 'the Planning Department prior
to installation of such signs.
11) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
12) Trash receptable 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.
13) 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.
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14) 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.
15) Concrete wheel stops shall be provided two and one-half feet
from the end of each parking stall.
iFire Department . .
16) Additional public and on-site fire hydrants may be required
by the Fire Department.
17) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants
and on-site roads and drives to the Fire Department for
approval. .
18) An all weather access road shall be maintained throughout
construction.
19) Water for fire protection shall be provided before
combustibles are on the building site.
20) The recommended minimum standard by the Fire Department
for driveways into this type of building construction shall
be as follows: No parking lane - 24 feet, parking one side
34 feet, and parking both sides 44 feet.
PC RESO ft1739
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21) A dry standpipe system for Fire Department use shall be
installed as required by the Fire Marshall.
22) All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted ."No Parking/Fire Lane/
Tow Away Zone" as per condition in Municipal Code.
23) All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval
prior to construction.
Parks and Recreation Department
24) All irrigation lines adjacent to the sidewalk shall be setback
at least 12" from the sidewalk.
25) 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.
26) No street trees shall be removed during the construction
of this project. - . . . ..
Engineering Department •
27) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
28) 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.
29) The developer shall install street trees at the equivalent
of 40-foot intervals along all public street frontages
in conformance with the City of Carlsbad standards. The
trees shall be of a variety selected from the approved
Street Tree List.
30) The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water
agencies regarding services to the project.
PC RESO #1739
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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 17th day of December, 1980, by the following vote, to wit:
AYES: Marcus, Rombotis, Friestedt, Leeds, L^arson, L'Heureux,
and Jose
NOES: None
ABSENT: None
ABSTAIN: None
MARY
CARLS!
iCUS, Chairman
PLANNING COMMISSION
ATTEST:
, Secretary
.RLSBAD PLANNING COMMISSION
/
PC RESO #1739 -6-
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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 ^6" day of
19 ^3.. between the City of Carlsbad , a municipal corporation,
(hereinafter called "City") and M(t
a _ \ __ __(hereinafter called "Subdivider" ) .
RECITALS
\
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 111 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.
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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. c,T~
which was initially approved on __i _ \| (a /
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. dTuOyZwhich 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 shall void the approval of such extension. The
map shall not final and the development shall not proceed
until a new tentative subdivision map has been approved.
ATTEST:
XT!
ALETHA L. RAUTENKRANZ,
City Clerk
CITY OF CARLSBAD, a municipal
corporation
By
MAYOR (M^jor Subdivisions)
CITY ENGINEER (Minor Sub-
divisions)
SUBDIVIDER
JR., City Attorney
City Attorney
'CHKE, Assistant
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