HomeMy WebLinkAbout1981-09-15; City Council; 6727-1; 70 Unit Tentative Map & Condominium PermitCirQ>F CARLSBAD — AGEND^-6ILL (D
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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
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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
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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)
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WHEREAS, a verified application for certain property, to
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Lots 229, 230, 231 and 232, La Costa Valley Unit No. 5 in
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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
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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 recommends APPROVAL of CT-81-21/CP-167, based
on the following findings and subject to the following
conditions:
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on the Land Use Element of the General Plan.
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2) The site is physically suitable for the type and density of
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3) The project is consistent with all city public facility pol-
icies and ordinances since:
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a) The Planning Commission hasr by inclusion of; an appro-
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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,
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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.
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4) The proposed project is compatible with the surrounding
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for residential development on the General Plan.
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PC RESO 1847 -2-
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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,
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General Conditions
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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
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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
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.
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5) The applicant shall pay park-in-lieu fees to the city, prior
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of the Carlsbad Municipal Code.
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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.
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Planning Department Conditions
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8) The applicant shall prepare a reproducible mylar of the final
28 site plan incorporating the conditions contained herein.
PC RESO 1847 -3-
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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-
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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.
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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
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10 21) Additional drainage easements and drainage structures shall
be provided or installed as may be required by the County
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neer.
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22) The developer shall install street lights along all public
and private street frontages in conformance with City of
Carlsbad Standards.
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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,
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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.
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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
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PC RESO 1847 -5-
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isting and proposed fire hydrants and onsite roads and drives.
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31) Water for fire protection to be in before combustibles are on
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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.
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35) Buildings exceeding 10,000 square feet aggregate floor area
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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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Planning Commission of the City of Carlsbadr California, held on
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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