HomeMy WebLinkAbout1982-02-02; City Council; 6870-1; 172 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT (CT 81-41/ CP 187 - SHELDON ENTERPRISES)AB# 6870-1
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TITLE: CT 81-41/CP-187 - SHELDON ENTERPRISES
172-UNIT TENTATIVE TRACT MAP AND CONDO-
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DEPTCA MINIUM PER.MIT.
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CI#OF CARLSBAD - AGEN&BILL
RECOMMENDED ACTION:
If the City Council desires to approve Tentative Subdivisic
CT 81-41 and Condominium Permit CP-187, your action is to E
Resolution No. & 17 ‘7&
ITEM EXPLANATION:
The City Council, at your meeting of January 19, 1982, din
the City Attorney to prepare the necessary documents appro
Tentative Subdivision Map CT 81-41 and Condominium Permit
187. The resolution of approval is attached.
EXHIBITS:
Resolution No. LT~/ .-? 6
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RESOLUTION NO, 6776
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP
(CT 81-41) FOR A 172-UNIT CONDOMINIUM
CONVERSION PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-187) FOR SAID PR3JECT ON PROPERTY
GENERALLY LOCATED ON THE' NORTHWEST CORNER OF
EL CAMINO REAL AND HOSP WAY. APPLICANT: SHELDON ENTERPRISES.
WHEREAS, on December 23, 1981 the Carlsbad Planr
Commission adopted Resolution No. 1900 recommending to tt
Council that Tentative Subdivision Map (CT 81-41) and Cor
Permit (CP-187) be conditionally approved; and
WHEREAS, the City Council of the City of CarlsbE
January 19, 1982, held a public hearing to consider the
recommendations and hear all persons interested in or OPE
Tentative Subdivision Map (CT 81-41) and Condominium Pern
(CP-187); and
WHEREAS, said Tentative Subdivision Map and Conc
Permit have been declared to have a nonsignificant impacl
environment and a Negative Declaration has been prepared
filed in compliance with the requirements of the City of
I I
, I Environmental Protection Ordinance- of 1980; .
NOW, THEREFORE, BE IT RESOLVED by the City Counc
the City of Carlsbad, California as follows:
A. That the abpve recitations are true and cc
B. That the findings of the Planning Commiss
Resolution No. 1900 constitute the findings of the City '
in this matter.
C. That said Tentative Subdivision Map, toge
the provisions for its design and improvement and subjec
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conditions of this resolution, is consistent with all app
general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 81-41)
Condominium Permit (CP-187) are hereby approved subject t
applicable requirements of the Carlsbad Municipal Code ax
the satisfaction of the conditions' contained in Planning
Commission Resolution No. 1900, dated December 23, 1981,
Exhibit A, attached hereto and made a part hereof, and t
following additional condition:
"The developer, in his letter dated October 27, offered to the tenants certain incentives in co
with the conversion. He has agreed to make tha
a condition of this approval. Therefore, this
is conditioned upon the developer's compliance
the terms and conditions of his letter of Octot
Witn the City Clerk and incorporated by referer
herein."
1981 to the residents of the Grove Apartments c
PASSED, APPROVED, AND ADOPTED at a regular meet
the City Council of the City of Carlsbad, California, 09
2nd day of FebruarY , 1982 - by the followin 1 to wit: 1
AYES :
NOES: Council lkrber Lewis
ABSENT: None
Council Wers Packard, Casler, hear, and ITd
//)nu /4L/KRL4
RONALD C. PACKARD, Mayor
ATTEST:
$* (fiA--- / ALETHA L. RAUTENKRANZ , Clty Clefk
(SEAL)
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EXHIBIT A TO CITY COUNCIL SOLUTIO^
pL,A"ING CO~WISSI.01~ RESOIJUTION NO 1900
CITY OF CRRLSCAE , CALIFORNIA, RECOMIIENDING
CONDOIclTi~~U1.I PERI.;IT TO CONVERT 172 EXISTING
AP ART XEN T U N I T S ON P RO P E RT Y - G EM E RALLY LO CAT ED
ON THE P!ORTI-IF.JEST CORNER OF EL CAMINO REAL AND
HOSP NAY.
APPLICANT : SHET,T)ON ENTCRPKISES CASE NO: CT 81-41/CP-187
WHEREAS, a verified application for certain proper
A RESOLUTION OF THE PLANNING COMNISSION OF THE
APPnovm OF A TEI~TIITIVE SU~DIVISION MAP AND
to, wit:
Parcel A of Parcel Map 1681 filed June 29, 1973
has been filed with the city of Carlsbad, and referred ko 4
Planninc; Commission; and
WIIERRAS, said verified application constitutes a
request as provided by Title 21 of the Carlsbad Municipal
and
*. WHEREAS, the Planning Comnission did, on the 23rS
of December, 1981, hold a duly noticed public hearing as
prescribed by law to consider said request; and
WHEREAS, at: said public hearing, upon hearing an'
considering all testirilony and arguments, if any, of al.1 p
desiring to he heard, said Commission considered all fact
relating to the Tentative Tract Map and Condominium Pcrmi
NOW, TllEREPORE, BE' IT HEREBY RESOLVED by the PI;
23 Commjssion as follows: ._
24 A) That the above recitations arc true and correct.
25 13) That based on the evidence presented at 'tlie public h thc Comm i I; s i on r ecnmmc~nds cI_L_- APPI:OVAT, of C'i' 8 1-4 1 /CP- 1 8
011 tlic follo\ling Eindjngs and subject to the Kollowi
cond i t ion::: 20
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.. , Findings: (Planning) .. . 1.. .
1) The project is consistent with the city's General Plan I
the proposed density of 16.5 du's./acre is within the de
range of 10-20 du's/acre specified for the site as indi on the Land Use Elernelit of the General Plan and can be justified .because of location, compatibility with
surrounding developments and recFeational amenities. T
the proicct is consistent with the Housing Element of 1
. General Plan since the applicant is required to providt 'adequate notification and relocation assistance to the existj.119 tenants oE the project.
The site is physically suitable for the type and dens;
the development since the site is adequate in size anc to accommodate residential development at the density
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posed.
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3) The project is consistent.with all city public facili icies and ordinances since:
a) The Planning Commission has, by inclusion'of an 2
. ate condition to this project, insured that the f
-'will not be approved unless the City Council fin(
, - sewer service is available to serve the project;.
ition, the Planning Commission has added a cond -that a note shall he placed on the final map tha
ing-permits may not be issued for the project UT! - City Engineer determines that sewer service is a
and building cannot occur within the project un!
service remains available, the Planning Cornmiss:
satisfied that the requirements of the public f' element of the General Plan have been rnet insof
Park-in-lieu- fees are-r.equired as a condition c proval.
ALI necessary public improvements have been prc will be required as conditions of approval.
The applicant has. agreed and is required by tl- of. an appropriate condition to pay a public f;
fee. Performance of that contract; and payincint will enable this body to find that public fac
be available concurrent with need as required
era1 Plan.
. . ' apply to sewer service for this.project.
b)
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4) The proposed project: is conipatible with the sur1
tui-e land uses sincc surrouiid ing propcrtics arc for resj.dcnLia1 dcvclop~nent .on the General Plan,
This project: as conditioned hill not cause any
etwironnw11t.a~ impacts ' and n 14cqativc ~)ccl.arat: i.o -, ' *r 4-b)r l~lanriinq Dircct-ot on Nc)vcmhcc 12 t
: -'' nn Dccclnbc~:
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6) This is a condominium project consisting of an airspace
division of existing buildings and no new buildings are
posed.
Carlsbad Municipal Code and Section 66473.1 of the Subd sion Map Act regarding design for passive or natural he
and cooling opportunities do not apply.
Therefore, the provisions Of Section 20,16,015
Cond i t ions
General Conditions:
1) Approval is granted for CT 81-41/CP-187, as shown on
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Exhibit "A" , Dated November 24 , 1981 and Exhibits "B" dated November 13, 198 1 , incorporated by reference and file in the Planning Department. Development shall o
substantially as shown unless otherwise noted in these
tions.
2) This project is approved qon the express condition th applicant shall pay a public facilities fee as require
City Council Policy 120. 17, dated August 29, 1979, or
with the City Clerk and incorporated herein by referer according to the agreement executed by the applicant j ment of said fee a copy of that agreement dated Octobi
1981, is on file with the City Clerk and incorporated by reference. If said fee is not paid as promi.sed, t
appiication will n~t be consistefit with the General P approval for this project shall be void.
3) The applicant shall pay park-in-lieu fees to the city
. to the approval of the final map as required by Chapt of the CarZsbad fiunicipal Code;
4) The appl.icant shall give notice of the conversion to ants as required by the Subdivision Map Act and the 1
Municipal Code.
Approval of this .request shall not excuse compliance sections of the Zoning Ordinance and all other appli
city ordinances in effect at time of final map appro
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T~IC applicant sliall prepare a reproducible mylar of site plan incorporating the conditions conl;ai.ned her
Said site plan shall be submitted to and approved b: Planning Director prior to approval of the final ma]
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8) The applicant shall prepare a detailed landscape and irr
tion plan which shall be submitted to an3 approved by tl Planning Director prior to the approval of the final mal
All parking lot trees shall be a minimum of 15 gallons 9)
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size.
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10) A Master Plan of the existing on-site trees shall be F
vided to the Planning Department as part of the final
ing plan to determine which trees shall bc retained pr the issuance of a grading permit or approval of the f:
map, whichever occurs first.
All landscaped areas shall be maintained in a healthy thriving condition, free from weeds, trash, and debri.
Any signs proposed for this development shall be desi conformance with the city's Sign Ordinznce and shall
review and approval of the Planning Department prior stallation of such signs.
Trash receptacle areas shall be enclosed by a 6 foot masonry wall with gates pursuant to city standards.
tion of said receptacles shall be approved by the P1
Director. .
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architecturally integrated and shielded from view 2:
sound buffered from adjacent properties and streets satisfaction of the Planning Department and Buildin? tor. ..
Approval of this tentative tract: map shall expire e months from the date of City Council approval unles
map is recorded. plicant, Said extension shall he approved or denie
discretion of the Cjty Council. In approving an e, the City Council may inipose new conditions and may existitlg conditions.
A detailed plan for all recreation areas shall be
to and approved by the Planning' Director,< Approve
facilities shall be installed prior to approval of final map.
A detailed landscape and irrigation plan for erosj control of a11 slopes shall be submit.ted to and ai
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An extension may be requesked by
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19) The applicant shall provide relocation assistance equ? one month's rent to any existing tenants as required k Sec$yi 2 1 ,47,170 of the Zoning Ordinance.
Fnq ineer j rig ,L
20) The grading for this project is defined as "controlle ing" by Section 11.06 e 170( a) of the Carlsbad I4unicipa
Grading shall be performed under the observation of a engineer whose responsibility it shall be to coordint inspection and testing to insure compliance of the wc
the approved grading plzn f submit required reports tc
City Engineer and verify compliance with Chapter 11 et
the Carlsbad Ivlunicipal Code.
21) The developer shall pay the current local drainage a
prior to approval of the final map or shall construc age systems in conformance with the Master Drainage
City of Carlsbad Standards as required by the City 1
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22) All private streets and drainage systems shall be m(
J by the homeowner's association in perpetuity. This sibility shall be clearly stated in the CC&K's.
23) No lot in this subdivision may be further subdivide note shall be placed on the final map.
A drainage plan for this site shall be prepared By developer and subject to the-approval of the City I
. The plan shall indicate structures to be improved i: constructed prior to final map approval.
25) The existing fence along the top of slope above El
Real shall be replaced prior to fj-nal map approval
for a replacement fence/wall shall be submitted to approved by the planning Ilirector prior to final m
approval.
shall be met. (These setbacks shall be shown on grading plan).
27) The devcl.opcr shall provide access stairs down th adjacent to E1 Carnino Real. This access way shal on the gradj.nrj plan.
28) The curb opening along the westerly boundary shal
rcmovcdf and curb, gutter and sidewalk shall be ( along the westerly side of this access.. This sh(
shown on the grad j ng pian and subj cct to * the app. the City 1:i~gincer.
T]IQ col]cre.t;c ;zubhlc to the west of BuiZdinq ''17" r-PIn0vr.d.
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26) All slopc setbacks, as required per city standard
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, The parking lot shall be repaved and repaired to the
satisfaction of the City Engineer prior to final map approval. Said work shall also include sealing and
striping .
31) The developer shall, reconstruct the sidewalk at the COT of El Camino Real and IIosp Way. . A11 sidewalks shall bc constructed as to provide adequate draindge away from t
units. .
32) P. soils report covering all existing slopes adjacent tc
project shal.1. be prepared by a registered Civil Enginel
competent in the field of slope stability. Tilis repor shall be submitted to the City Engineer for approval.
report sha1.I specifically address the problem of superficial slope f allures and contain recommendations
the maintenance and repair of these sl.opcs. AI1 plans
specifications developed pursuant to the recommendatio
the soil report shall be submitted to the City Enginee review and ap;?roval. The- repair of the existing slope
shall be accomplished prior to final map approval.
33) All- improvements required by the above conditions sha: constructed and approved by the City Engineer prior tc
final map approval.
Fire Deuartment
34) Access to the upper level parking lot shall be design(
35) The homeowner's association shall be responsible for
provide access to fire fighting equipment.
maintenance of all private on-site fire protection
equipment and devices.
PASSED, APPROVED AND ADOPTED at a regu1.a~ meeting of
Plannj.ng Commission of' the city of Carlsbad, California, I-
the 23rd day of December, 1981, by the following vote, to
AYES :
NOES :
ABS EN T :
AB STA 1 N :
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.. MAlXY MARCUS I Chairmall
CARtrS13AD 1'LAMNING COM
ATYEST:
_-_..-_ -I--1.. dAf.11.::; C, 11A(;ArlAld, :;vcrct-.ciry
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