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.
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VINCENT F. BIONDO. JR.TTORNEY - CITY OF CARLSB*<
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0 1200 ELM AVENUERLSBAD, CALIFORNIA 92008<O
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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
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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
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. BIONDO, JR.CITY OF CARLSBAD -M AVENUEVLIFORNIA 92008M H M M01 ,£» W JO^ iu O
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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 81-35)
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)
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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
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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:
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28 //// ' EXHIBIT A
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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.
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18 c) The payment of park-in-lieu fees is required as a
condition of approval.
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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.
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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.
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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~~~---~~~~--~~—~------------ •- . .
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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.
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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. - ' -
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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.
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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.
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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
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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.
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PC RESO #1877 -5-"
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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.
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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
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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-
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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-