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HomeMy WebLinkAbout1981-09-15; City Council; 6727-1; 70 Unit Tentative Map & Condominium PermitCirQ>F CARLSBAD — AGEND^-6ILL (D ABtt 6797-1 MTG Q-m-R1 DEPT rA TITLE: 70 Unit CT/CP; Northwest Corner of Alicante Way, So. of Caringa Way. CT 81—21 CP— 167 Applicant: Caringa Investments DEPT. HD. V-' CITY ATTYV/2D CITY MGR. «^*- RECOMMENDED ACTION: If the City Council wishes to approve Tentative Tract Map (CT 81-21) and Condominium Permit (CP-167), your action is to adopt Resolution No. ITEM EXPLANTION The City Council, at your September 1, 1981 meeting, directed the City Attorney to prepare the necessary documents approving Tentative Tract Map (CT 81-21) and Condominium Permit (CP-167), The resolution of approval is attached. EXHIBIT Resolution No Q UJ§ccQ_ O. O§ O OO 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. 6668 A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-21) FOR A 70 UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-167) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF ALICANTE ROAD, ALTISMA WAY AND SOUTH OF CARINGA WAY. APPLICANT: CARINGA INVESTMENTS WHEREAS, on August 12, 1981 the Carlsbad Planning Commission adopted Resolution No. 1847 recommending to the City Council that Tentative Subdivision Map (CT 81-21) and Condominium Permit (CP-167) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on September 1, 1981, held a public hearing to consider the recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 81-21) and Condominium Permit (CP-167); 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. 1847 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 | 8 d 16 ll 17 £ ° 1S 19 20 21 22 23 24 25 26 27 28 >•»*' conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 81-21) and Condominium Permit (CP-167) 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. 1847, dated August 12, 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 15th day of September , 198^_ by the following vote, to wit: AYES: Council Menbers Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 2. 1 5 6 WHEREAS, a verified application for certain property, to 7 wits 8 Lots 229, 230, 231 and 232, La Costa Valley Unit No. 5 in 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT A TO CITY COUN^"^ RESOLUTION NO. 6668 PLANNING COMMISSION RESOLUTION NO. 1847 A RESOLUTION OF THE PLANNING COMMISSION OP THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF ALICANTE ROAD, ALTISMA WAY AND SOUTH OF CARINGA WAY APPLICANT: CARINGA INVESTMENTS CASE NO: CT 81-21/CP-167 the City of Carlsbad, according to the Map thereof No. 6730 filed in the office of the County Recorder of San Diego County on September 9, 1970« has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREASf said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 12th day of August, 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 j 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; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning I •"'••. 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 recommends APPROVAL of CT-81-21/CP-167, based on the following findings and subject to the following conditions: 27 3 on the Land Use Element of the General Plan. 4 2) The site is physically suitable for the type and density of 5 3) The project is consistent with all city public facility pol- icies and ordinances since: 8 a) The Planning Commission hasr by inclusion of; an appro- 9 10 11 12 13 14 16 18 19 20 21 22 23 24 o<V'Q Findings • 1) The project is consistent with the city's General Plan since the proposed density of 13.6 du's/acre is within the density range of 10-20 du's/acre specified for the site as indicated apply to sewer service for this project. J.W trict, 17 c) The payment of park-in-lieu fees is required as a the development since the site is adequate in size and shape to accommodate residential development at the density pro- posed. . priate condition to this projectr 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 build- ing permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains availableF the Planning Commission, is satisfied that the requirements of the public facilities element of the General Plan have been met insofar &.s they b) School fees will be paid to ensure the availability of school facilities in the San Marcos Unified school dis- condition of approval, d) All necessary public improvements have been provided or will be required as conditions of approval, e) 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. " " f) Assurances have been given that cidequate sewer for the project will be provided by the Leucadia Water District. 25 4) The proposed project is compatible with the surrounding 26 future land uses since surrounding properties are designated for residential development on the General Plan. 27 28 PC RESO 1847 -2- a a 1 5) This project as conditioned will not cause any significant environmental impacts and a Conditional Negative Declaration 2 has been issued by the Planning Director" on July 15, 1981 and approved by the Planning Commission on August 12, 1981, 3 General Conditions 4 1) Approval is granted for CT 81-21/CP-167, as shown on Exhibits 5 "A - D", dated July 27, 1981, incorporated by reference and on file in the Planning Department. Development shall occur 6 substantially as shown unless otherwise noted in these condi- tions. 2} This project is approved upon the express condition that the 8 final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is avail— 9 able to serve the subdivision. 10 3) This project is approved upon the expiress condition that building permits will not be issued for development of the 11 subject property unless the City Engineer determines that sewer facilities are available at the time of application for 12 such sewer permits and will continue to bo avciilable until time of occupancy. This note shall be placed on the final 13 mapL 4) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by 15 City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and 16 according to the agreement executed by the applicant for pay— ment of said fee a copy of that.agreement dateci June 1, 1981, 17 is on file with the City Clerk and incorporated herein by re- ference. If said fee is not paid, as promised, this applica— 18 tion will not be consistent with the General Plan and appro- val for this project shall be void. 19 I 5) The applicant shall pay park-in-lieu fees to the city, prior 20 to the approval of the final map as required by Chapter 20-44 of the Carlsbad Municipal Code. 21 6) The applicant shall provide school fees to mitigate condi- 22 tions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at 23 the time of building permit application. 24 7) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable 25 city ordinances in effect at time of building permit issu- ance. 26 Planning Department Conditions 27 = ~ 8) The applicant shall prepare a reproducible mylar of the final 28 site plan incorporating the conditions contained herein. PC RESO 1847 -3- OuV./x**- 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 Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits. 9) 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. 10) The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits. This landscape plan shall incorporate erosion control measures. 11) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds r trash, and debris.. 12) Any signs proposed for this development shall be designed in conformance with the city's Sign Ordinance and sha3.1 require review and approval of the Planning Department prior to in- stallation of such signs. • 13) Trash receptacle 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 Direc- tor. 14) 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 Direc- tor. Eng ineer ing Department Cond it ions 15) The developer shall obtain a grading permit prior to the com-* mencement of any clearing or grading of the site. 16) The grading for this project is defined as "controlled grad- ing" by Section 11.06. 170 (a) of the Carlsbad Municipal Code. Grading 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 verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. 17) Prior to the issuance of a grading permit, the haul route shall be submitted for review and shall be approved by the City Engineer. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. 10) During the grading operation, a silt barrier shall be con- structed along Alicante Road and Altisma Way (i.e., haybales, PC RESt) 1847 -4- O-w 1 gravel bags or a fabric system). This system as well as soaking the soil during the grading operation shall reduce 2 the nuisance silt and control dust on public streets. 3 19) All slopes shall be no steeper than 2 horizontal to one ver- tical. 4 20) Upon completion of grading, the developer shall insure that 5 an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as 6 exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con- 7 tour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the 8 engineering geologist. The plan shrall bef prepared on a mylar or similar drafting film and shall become a permanent 9 record. 10 21) Additional drainage easements and drainage structures shall be provided or installed as may be required by the County 11 Department of Sanitation and Flood Control or the 'City Engi- neer. 12 22) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. 14 23) The developer shall install street trees at the equivalent of 40-fcot intervals along all public street frontages in con- formance with City of Carlsbad standards. The trees shall be 16 of a variety selected from the approved Street Tree List. 24) The developer shall install sidewalks along all public street frontages in conforrnance with City of Carlsbad Standards 18 prior to occupancy of any buildings. 25) The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with 20 City of Carlsbad Standards prior to occupancy of any build- ings, 21 26) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 27) All private streets and drainage systems shall be maintained 24 by the homeowner's association in perpetuity. This responsi- bility shall be clearly stated in the CC&R's. 25 28) All concrete terrace drains shall be maintained by the home- 26 owner's association (if on commonly owned property) or the individual property owner (if on an individually owned lot) 27 in perpetuity. An appropriately worded statement clearly identifying the responsibility shall be placed in the 28 CC&R's. PC RESO 1847 -5- .1 2 3 isting and proposed fire hydrants and onsite roads and drives. 4 31) Water for fire protection to be in before combustibles are on 7 8 9 10 16 20 21 22 23 24 25 26 27 28 r\ Fire Department Cond it ions 29) Additional public fire hydrants are required. 30) Submit two (2) copies of a site plan showing locations of ex- building site. 32) Proposed security gate systems shall be provided with "Knox1* key operated override switchr as specified by the Fire De- partment. 33) Fire retardant roofs are required on all structures.. 34) All fire alarm systems, fire hydrantsf extinguishing systems,, automatic sprinklers and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 11 35) Buildings exceeding 10,000 square feet aggregate floor area 12 13 14 „ - - •structures. 15 37) Access to buildings from street is unclear. If accfss is in- shall be sprinklered or four-hour walls with no openings therein shall split the buildings into 10,000 square feet (or less) areas. 36) Fire sprinkler system is required in underground parking adequate for fire fighting purposesf sprinklers or stancipipes will be required. 17 PASSED, APPROVED AND ADOPTED at a regular meeting of the 18 Planning Commission of the City of Carlsbadr California, held on 19 the 12th day of August, 1981, by the following vote, to wits AYES: Chairman Marcus, Commissioners Rombotis, Schlehuber, Jose and Friestedt. NOES: None. ABSENT: Commissioners L'Heureux and Farrow. ..^ ABSTAIN: None. MARY MAIipJS, Chairman CARLSBAD/ PLANNING COMMISSION | ATTEST: / i I . ,/<""?/ JJ.AMES C. HAGAMAN^Secretary • s /CARLSBAD PLANNING COMMISSION