HomeMy WebLinkAbout1981-07-07; City Council; 6633-1; 69 Unit Tentative Map & Condominium PermitCITY OF CARLSBAD
AGENDA BILL NO. 6633, Supplement 1 Initial:
Dept.Hd.
DATE: July 1, 1981 C. Atty.
C. Mgr.
DEPARTMENT; City Attorney
Subject: CT 81-12/CP-159—THE ANDEN GROUP - 69 UNIT
TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT
Statement of the Matter
The City Council, at your meeting of June 16, 1981, directed the
City Attorney to prepare the necessary documents approving
Tentative Subdivision Map (CT 81-12) and Condominium Permit
(CP-159). A resolution has been prepared and it is attached.
Exhibit
Resolution No. &3 // .
Recommendation
If the City Council concurs, your action is to adopt Resolution
No. ^5"?/T approving CT 81-12 and CP-159.
APPROVED
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RESOLUTION NO.6598
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
TENTATIVE SUBDIVISION MAP (CT 81-12) FOR A
69-UNIT CONDOMINIUM PROJECT AND APPROVING
CONDOMINIUM PERMIT (CP-159) FOR SAID PROJECT ON
PROPERTY GENERALLY LOCATED ON THE NORTHEAST
CORNER OF ALGA ROAD AND EL FUERTE STREET.
APPLICANT; THE ANDEN GROUP.
WHEREAS, on May 27, 1981 the Carlsbad Planning
Commission adopted Resolution No. 1811 recommending to the City
Council that Tentative Subdivision Map (CT 81-12) and
Condominium Permit (CP-159) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad did,
on June 16, 1981, hold a duly noticed public hearing to consider
the recommendations and to hear all persons interested in or
opposed to Tentative Subdivision Map (CT 81-12) and Condominium
Permit (CP-159); and
WHEREAS, an Environmental Impact Report was certified
as complete for a previously issued entitlement for this project
and the Planning Director has found the Tentative Subdivision
Map to be in prior compliance with 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 findings of the Planning Commission in
Resolution No. 1811 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 the
conditions of this resolution, is consistent with all applicable
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general and specific plans of the City of Carlsbad.
- D. That Tentative Subdivision Map (CT 81-12) and
Condominium Permit (CP-159) 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. 1811, dated May 27, 1981, 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
7th day of July , 1981 by the following vote, to
wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAU/ENKRANZ, City Clerk
KART5K R. STEVENS, Deputy City Clerk
(SEAL)
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EXHIBIT A ,/*** CITY COUNCIL
RESOlWlON NO.
PLANNING COMMISSION RESOLUTION NO. 1811
A RESOLUTION OF THE PLANNING COMMISSION' OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL FOR A 69 UNIT TENTATIVE TRACT MAP AND
CONDOMINIUM PERMIT ON PROPERTY GENERALLY
LOCATED ON THE NORTHEAST CORNER OF ALGA ROAD
AND EL FUERTE STREET.
APPLICANT: THE ANDEN GROUP
CASE NO; CT 81-12/CP-159
WHEREAS, a verified application for certain property, 'to
wit:
A portion of Parcel 1 of Parcel Map No. 10179 filed
June 1, 1979 in the Office of the County Recorder of
San Diego County.. .
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 Commission did, on the 27th day of
May, 1981, 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 relatin
to the Tentative Tract-Map and Condominium Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission as follows: . .
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, the
Commission APPROVAL of CT 81-12/CP-159, based on the following
and subject to the following conditions: ' •
Findings . . ' .
1) The project is consistent with the city's General Plan since
the proposed density of 7.3.du/acre is within the density ranc
of 4-10 du1a/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.
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2)
3)
4)
5)
The site is physically suitable for the type and density of the
development since the site is adequate in size and shape 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 69 edu! s from the San Marcos
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 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, and building
cannot occur within the project unless sewer service
remains available, the' Planning Commission is satisifed
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 approval.
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 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.• ,
The proposed project is compatible with the surrounding land
use since the .properties to the east and north have been
designated for development with multiple-family housing.
This project has already been considered in conjunction with a
previously certified environmental document and a Notice of
Prior Environmental Compliance was 'issued on April 22, 1981.
IIII
PC RESO #1811 -2-
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General Conditions:
1) Approval is granted for CT 81-12/CP-159, as shown on ExMbit(s)
"A" - "K", dated April 9, 1981, 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 excess condition that the fina
map shall not be approved unless the City Council finds as of tT~
time of such approval that sewer service is available to serve
the subdivision.
3) This project is approved upon the express condition that buildinrj
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.
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 t
the agreement executed by the applicant for payment of said fee
copy of that agreement dated March 5, 1981, is on file with the
City Clerk and incorporated herein by reference. If said fee i
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 pay park-in-lieu fees to the city, prior to
the approval of the final map as required by Chapter 20.44 of th
Carlsbad Municipal Code, or land shall be dedicated for park
purposes pursuant to Section 21.44 and the existing parks
agreement between the city of Carlsbad and the la Costa Land
Company dated January 3, 1978.
6) The applicant shall provide school fees to mitigate conditions o
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.»
7) 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.
8) Approval of this 'tentative tract map shall expire eighteen
months from the date of City Council approval unless a final map
is recorded. An extension may be requested by the applicant.
Said extension shall be approved or denied at the discretion of
the City Council. In approving an extension, the City Council
may impose new conditions and may revise existing conditions.
-3-PC RESO # 1811'
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COPY
9) The applicant shall prepare a reproducible mylar of the final
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.
10)'The applicant shall establish-a homeowner1s association and
• corresponding covenant^-* conditions and restrictions. Said
CC&R1 s shall be submitted to and approved by the Planning
Department prior to final map approval.
11) The applicant shall prepare a detailed landscape and irrigation
plan which shall be submitted to and approved by the Planning
Director prior to the issuance of building permits.
12) .All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
13) Any signs proposed for this development shall be designed in
conformance with the city1s Sign Ordinance and shall require
review and approval of the Planning Department prior to
installation of such signs.
14) Trash receptable areas shall be enclosed by a 6 foot high masonr
wall with gates pursuant to city standards. Location of said
receptacles shall be approved by the Planning Director.
15) All roof 'appurtenances, including air conditioners, shall be
architecturally integrated end shielded from view and the sound
buffered from adjacent properties and streets to the satisfactio
of the Planning Department and Building Director.
16) The project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit District
Said facilities shall at a minimum include a bench, free from
advertising and a pole for the bus stop sign. The bench and pol
shall be designed in a manner so as to not detract from the basi
architectural theme of the project and said design shall be
subject to the approval of the City Engineer and North County
Transit District. • . •
17) Prior to occupancy of units, the applicant shall install an
access stairway from the project to Xana Way. Location of said
stairway shall be subject to the approval 6f the Planning
Director.
Engineering Department;. ,
18) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
19) The grading for this project is defined as "controlled grading"
by Section 11.OG. 170(a) of the Carlsbad Municipal Code. Gradin*
shall be performed under the observation of a civil engineer
whose responsibility it shall be to coordinate site inspection
and testing to insure compliance of the work with the approved
grading plan, submit required reports to the City Engineer and
Chapter 11.06 of the Carlsbad Municipal
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20) The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
21) The design of all private streets and drainage systems shall be
approved by the City Engineer prior to approval of the final map
• The structural section of all private streets shall conform to
City of Carlsbad Standards based on R-value tests. All private
streets and drainage systems shall be inspected by the city and
the standard improvement plan check an.d inspection fees shall be
paid prior to approval of the final map.
22) All private streets and drainage systems shall be maintained by
the-homeowner's association in perpetuity. This responsibility
shall be clearly stated in the CC&R's.
23) Direct access rights along the frontage on Alga Road shall be
waived on the final map.
24) The developer shall construct all street improvements to city
standards along the subdivision frontage prior to the occupancy
of any units as specified below:
a. Xana Way and Paseo Frontera - 42 feet wide.
b. El Fuerte Street and Unicornio Street - all missing
improvements.
c. Alga Road - minimum 51 foot half street including half the
median.
Fire Department;
25) Additional public and on-si.te hydrants may be required.
26) Prior to issuance of building permits, the applicant shall
submit two copies of a site plan showing locations of existing
and proposed fire hydrants and on-site roads and drives.
27^ An all weather access road shall be.maintained throughout
construction. '
28) Water for fire protection shall be in before combustibles are on
the building site.* «
29) All private driveways shall be kept clear of parked vehicles at
all times and shall have posted "No Parking/Fire Lane/Tow Away
Zone" according to the requirements of Section 17.04.040 of the
Municipal Code. ,
30) 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.
31) Because of the distance from the private driveways, buildings 1-'
and the two northerly units of Building 5 as shown on the
Tentative Tract Map .shall be sprinklered to the satisfaction of
the Fire Department prior to occupancy.
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Parks and Recreation Department;
35) Pedestrian crossways consisting of "Bomanite" or some other suit
able material acceptable to the Planning Director shall be in-
stalled along the driveway at locations subject to the Director1
approval. Plans for said pedestrian crossways shall be shown on
the final condominium plan and shall be approved by the Planning
Director prior to approval of the final map. Said pedestrian
crossways shall be installed prior to occupancy of any units.
Engineering
32) Slope areas adjacent to Alga Road and El Fuerte Street shall be
landscaped and irrigated.
Building Department; '
33) This project shall be constructed in accordance with the
requirements of the 1979 Uniform Building Code.
34) At least one dwelling unit shall be designed so that it will be
accessible to the physically handicapped.
Planning
36) The driveway, entrance shall be realigned to the satisfaction of
the City Engineer. Plans for the realignment shall be approved
by the City Engineer prior to approval of the final map.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on the
27th day of May, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners, Rombotis, Friestedt,
L'Heureux, Farrow, Jose, and Schlehuber.
NOES: None. /
ABSENT:None.
ABSTAIN : None. -
MARY MARjCUS, Chairman
CARLSBAD PLANNING COMMISSION
\TTEST:
??rt, ^f-ftTcretury
vRLSDAD PLANNING COMMISSION
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