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HomeMy WebLinkAbout1981-11-17; City Council; 6792-1; 14 Unit CT/CP - Native Sun InvestmentsCIlCbF CARLSBAD - AGENDA ILL AR# 6792-1 MTG 11-17-81 DEPT.CA TITLE' CT 81-35/CP-182 - NATIVE SUN INVEST- MENT 14-UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT. DEPT. HD. rilTY ATTYWS^ CITY MQR. 3^ RECOMMENDED ACTION: If the City Council desires to approve Tentative Subdivision Map CT 81-35 and Condominium Permit CP-182, your action is to adopt Resolution No. ( ITEM EXPLANATION: The City Council, at your meeting of November 3, 1981, directed the City Attorney to prepare the necessary documents approving Tentative Subdivision Map CT 81-35 and Condominium Permit CP- 182. The resolution of approval is attached. EXHIBITS: Resolution No. oio.Se O< o oo 0 VINCENT F. BIONDO. JR.TTORNEY - CITY OF CARLSB*< t 0 1200 ELM AVENUERLSBAD, CALIFORNIA 92008<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. 6722 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-35) FOR A 14- UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-182) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF OCEAN AVENUE AND THE AT&SF RAILROAD. APPLICANT: NATIVE SUN INVESTMENT GROUP. WHEREAS, on October 14, 1981 the Carlsbad Planning Commission adopted Resolution No. 1877 recommending to the City Council that Tentative Subdivision Map (CT 81-35) and Condominium Permit (CP-182) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on November 3, 1981, held a public hearing to consider the recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 81-35) and Condominium Permit (CP-182); 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 Map and Condominium Permit to be in prior compliance with the City of Carlsbad Environmental Protection Ordinance of 1980; and 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 r Resolution No. 1877 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 . BIONDO, JR.CITY OF CARLSBAD -M AVENUEVLIFORNIA 92008M H M M01 ,£» W JO^ iu O z "• 8 o 16ii~! i? £'° 18 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 81-35) Condominium Permit (CP-182) are hereby approved subject and to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No. 1877, dated October 14, 1981, Exhibit A, attached hereto and made a part hereof, with exception of Condition No. 14 which has been deleted. marked the PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on 17th day of November , 1981 by the following the vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None /^~~) s — ~~)/^ /sf^ J^^S^ /^^^s RONALD C. PACKARD, Mayor ATTEST : // /) *4~l Jf /^o ' — / — L(fyjjLA^o^ (K. l/\ (1 ^4jf^^flA^eL^—^ ACETHA L. RAUTENKRANZ, City Clerjk (SEAL) *~ 2. /7 S EXHIBIT A TO CITYwbuNCIL RESOLUTION NO. 6722 PLANNING COMMISSION RESOLUTION NO. 1877 • * A RESOLUTION OF THE PLANNING COMMISSION OF THE - CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL 3 OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 14 UNITS ON PROPERTY GENERALLY A LOCATED ON THE NORTH SIDE OF OCEAN AVENUE BETWEEN THE PACIFIC OCEAN AND THE AT&SF RAILROAD, 5 APPLICANT: NATIVE SUN INVESTMENT GROUP CASE"NO:- - - CT-81-35/CP-182 6 WHEREAS, a verified application for certain property 7 to, wit: 8 A portion of Lot A of Granville Park Unit No. 2 in 9" 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Carlsbad, according to Map 2037 filed June 18, 1927 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 14th day of October, 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 relating to the Tentative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT 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 81-35/CP-182, based 26 on the following findings and subject to the following conditions: 27 28 //// ' EXHIBIT A *. w 1 Findings: o 1) Tne project is consistent with the city's General Plan since the proposed density of 3.18 du's/aere is less than the « density range of 10-20 du's/acre specified for the site as indicated on the Land Use Element of the General Plan. 4 •2) The site is physically suitable for the type and density of K the development since the site is adequate in size and shape to accommodate residential development at the density pro- > 5 posed. 7 3) The project is consistent with all city public facility pol- f icies and ordinances since: , • 8 a) The Planning Commission has, by inclusion of an appro- 9 priate condition to this project, insured that the final map will not be approved unless the City Council finds 10 that sewer service is available to serve the project. In addition, the Planning Commission has added a condition 11 that a note shall be placed on the final map that build- ing permits may not be issued for the project unless the 12 City -Engineer determines that sewer service is available, and building cannot occur within the project unless sewer 13 service remains available, the Planning Commission is satisfied that the requirements of the public facilities 14 element of the General Plan have been met insofar as they apply to sewer service for this project. 15 b) An existing school agreement between the applicant and 16 the Carlsbad Unified School District will ensure adequacy of school facilities per letter by the school 17 district dated May 19, 1981. • i 18 c) The payment of park-in-lieu fees is required as a condition of approval. 19 - d) All necessary public improvements have been provided or 20 will be required as conditions of approval. 21 e) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities 22 fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will 23 be available concurrent with need as required by the General Plan. 24 - ' » f) Assurances have been given'«-that adequate sewer for the 25 project will be provided by the city of Carlsbad. 26 4) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated 27 for residential development on the General Plan. 28 PC RESO #1877 -2- 15 19 20 21 22 25 26 27 2Q 5) An Environmental Impact Report has been prepared and certified by the City Council 'for .this property. As the project, as currently proposed, was addressed in the EIR as a project alternative, the Planning Director issued a Notice of Prior Compliance on September 3, 1981 and was approved by the Planning Commission on October 14, 1981. Conditions: • •••General Conditions: 1) Approval is granted for CT 81-35/CP-182, as shown on ' Exhibit(s) "A", "B", & "C" , dated September 17, 1981 and Exhibit (s) "E" - "J", dated August 31, 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 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. 3.2 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. 16 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 agreement executed by the applicant for payment of said fee a copy of that agreement dated August 20, 1981, 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 pay park-in-lieu fees to the city as determined by the City Council, prior to the approval of the 23 final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 24 6) Approval of this request shalX^-not excuse compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. Plann ing Department . 7) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained ££™BESfiLll877 -3- " .y~~~---~~~~--~~—~------------ •- . . .<*"«(, Ti herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building o permits or grading permits, whichever occurs first.- 5 8) The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said 4 CCScR's shall be submitted to and approved by the Planning Department prior to final map approval. 9) The applicant shall prepare a detailed landscape and g irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of building 7 permits . 3 r!0) All landscaped areas shall be maintained' in a healthy and thriving condition, free from weeds, trash, and debris. 9 11) Any signs proposed for this development shall be designed xn 10 conformance with the city's Sign Ordinance and shall require review and approval of the Planning Department prior to 11 installation of such signs. 12 12) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. 13 Location of said receptacles shall be approved by the Planning Director. - ' - 14 13) All roof appurtenances, including air conditioners, shall be 15 architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the 16 satisfaction of the Planning Department and Building Director. 17 14) The developer has agreed to dedicate an open space easement 13 over 2.2 acres of property, identified as lot 2 on the tentative map. This easement shall be dedicated to the city 19 of Carlsbad, for public purposes, on the final map. 20 15) The developer shall submit a report prepared by a qualified archaeologist, based on a sample excavation of site SDi- 21 626, prior to any grading of the property or the issuance of building permits, whichever occurs first. 22 16) The final location of the pool shall be shown on the final 23 site plan and approved by the Planning Director prior to issuance of grading permits. The Planning Director shall 24 determine the precise location based on the findings in the report required by Condition No. 34 and upon aesthetic 25 considerations. "*" 26 17) The developer shall pre-plurab the buildings for future installation of solar panels for water heating for each 27 unit, subject to the approval of the Building Director. 28 • - . 7PC RESO 1877 -4- . - 1 2 3 4 5 6 commencement of any clearing or grading of the site. 7 20) The grading for this project is defined as "controlled grading" 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18) 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. Engineering Department 19) The developer shall obtain a grading permit prior to the Chapter 11.06 of the Carlsbad Municipal Code. 21) Additional drainage easements and drainage structures shall be provided or installed as may- be required by the City Engineer. 22) All public streets shall be improved by the developer based on the typical sections shown on the tentative map and in conformance with City of Carlsbad Standards prior to occu- pancy of any buildings including the installation of any required street lights. 23) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 24) 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. 25) A concrete island shall be constructed on Mountain View Drive at the intersection with Carlsbad Boulevard to restrict left turns prior to the occupancy of any units. The design shall be subject to the approval of the City Engineer and shall include pavement widening on Mountain View Drive between Pacific Avenue and Carlsbad Boulevard where required to provide two*travel lanes of 14 feet each. 26) Two signs saying "Through Traffic" with a directional arrow shall be installed prior to the occupancy of any units. One sign shall be placed at Ocean Street and Pacific Avenue; the other at Mountain View Drive and Ocean Avenue. The design and location of the signs shall be subject to the approval of the City Engineer. //// PC RESO #1877 -5-" 1 2 5 4 5 ' 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27) Berms, swales or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from over- flowing onto and damaging the face of the slope. Special drainage provisions shall be made where a building or structure exists within five feet of the top of a slope. This condition shall be incorporated in the grading plans. 28) Sandbags, gravelbags and temporary drainage basins shall be installed along all fill slopes and along the shoreline of Buena Vista Lagoon during grading and construction operations to the satisfaction of the City Engineer. 29) Construction of the buildings planned for the site shall be started as soon as possible after grading is completed. / 30) All graded slopes and open space areas shall be seeded and landscaped immediately after grading is completed. 31) The developer shall adhere to all mitigation measures, to overcome the limitations of the existing soils, as specified in the soils investigation by Benton Engineering, Inc. and identified in the EIR. These conditions shall be incorporated in the structural building plans. 32) The developer shall provide roof downdrain systems which shall be connected to the drainage system subject to the approval of the City Engineer. 33) Drainage outfall shall be designed to be discharged at a point west of the lagoon weir. The design of the outfall •line shall be subject to approval of the City Engineer prior to the issuance of grading permits. 34) Prior to the issuance of a grading permit, the developer shall deposit, in trust with the city, sufficient funds to compensate the city for an engineering report prepared by a registered professional engineer, competent in the field of beach erosion, giving specific, recommendations on the need and type of protective devices required to ensure that the project structures are safe from the anticipated erosion actions of ocean waves. The applicant shall incorporate any recommended protective measures in the final grading plan to the satisfaction of the City Engineer. Fire Department 35) An all weather access road shall be maintained throughout construction. J w»- 36) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 37) Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire Department. • PC RESO #1877 -6- 1 2 3 4 5 * 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 39) 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. 40) Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or four-hour fire walls with no openings therein shall split the building into 10,000 sq.ft. (or less) areas. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 14th day of October, 1981, by the following vote, to wit: AYES: Chairman Marcus, Commissioners Farrow, Schlehuber, Jose, Priestedt and L'Heureux. NOES: .None. ABSENT: Commissioner Rombotis. ABSTAIN: None. MARY MARCUS, Chairman CARLSBAD PLANNING COMMISSION ATTEST: JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION PC RESO #1877 -7-