HomeMy WebLinkAbout1982-02-02; City Council; 6871-1; 78 Unit Tentative Map Condominiumcrhrop CARLSBAD -OTBILL
AR* 6871-1
MTG. 2-2-82
DEPT. CA
TITLE- CT 81-39/CP-185 - CONDO "5" - 78-
UNIT TENTATIVE TRACT MAP AND CONDOMINIUM
PERMIT.
DEPT. HD.
CITY ATTYUE^S
CITY MQR. ^*"*
RECOMMENDED ACTION:
QUJ
OccQ.
If the City Council wishes to approve Tentative Subdivision Map
(CT 81-39) and Condominium Permit (CP-185), your action is to
adopt Resolution No. ^*77 7 •
ITEM EXPLANATION;
The City Council, at your meeting of January 19, 1982, directed
the City Attorney to prepare the necessary documents approving
CT 81-39 and CP-185. The resolution of approval is attached.
EXHIBIT;
Resolution No.
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VINCENT F. BIONDO, JR.ATTORNEY - CITY OF CARLSB/1200 ELM AVENUEkRLSBAD, CALIFORNIA 92008> 0
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RESOLUTION NO. 6777
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
TENTATIVE SUBDIVISION MAP'(CT 81-39) FOR A 78-
UNIT CONDOMINIUM PROJECT AND APPROVING
CONDOMINIUM PERMIT (CP-185) FOR SAID PROJECT ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
COSTA DEL MAR, EAST OF EL CAMINO REAL IN THE
R-P ZONE. APPLICANT: CONDO "5"
WHEREAS, on December 23, 1981, the Carlsbad Planning
Commission adopted Resolution No. 1905 recommending to the City
Council that Tentative Subdivision Map (CT 81-39) and
Condominium Permit (CP-185) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
January 19, 1982, held a public hearing to consider the
recommendations and hear all persons interested in or opposed to
Tentative Subdivision Map (CT 81-39) and Condominium Permit
(CP-185); 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 requirement-s 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. 1905 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 81-39) and
Condominium Permit (CP-185) 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. 1905, dated December 23, 1981, marked Exhibit A,
attached hereto and made a part hereof, with the exception of
Condition No. 25, which has been revised to read as
follows:
"25. The applicant shall provide for the improvement
of a half width median on El Camino Real along the
subdivision frontage from the north end of the San
Marcos Creek bridge to the Costa Del Mar private road
entrance prior to the approval of the final
map."
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
2nd day of February __, 198_2_ by the following vote,
to wit:
AYES: Council Msnbers Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST:
A >
ALETHA L. RAUTENKRANZ, City
(SEAL)
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•j_ PLANNING COMMISSION RESOLUTION NO. 1905
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
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Exhibit A to City Council
Resolution No. 6777
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL
OF A 78 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM
PERMIT ON PROPERTY GENERALLY LOCATED ON THE SOUTH
SIDE OF COSTA DEL MAR, JUST EAST OF EL CAMINO REAL.
APPLICANT: RANCHO LA COSTA, INC.
CASE NO; CT 81-39/CP-1 85,
•»,
WHEREAS, a verified application for certain property
to, wit:
Lot 3 of La Costa Condominium No. 4, and a portion of
Lot 14, .Section 35 Record of Survey 6269, according to
Map 6520 filed October 21, 1969
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
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WHEREAS, the Planning Commission did, on the 23rd day 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 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 HEREBY 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 81-39/CP-185, based
25 on the following findings and subject to the following
conditions:
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Findings; (Planning)
1) The project is consistent with the city's General Plan since
the proposed density of 23.1 du's/acre is within the density
range of 20-30 du's/acre specified for the site as indicated
on the Land Use Element of the General Plan.
2) The site is physically suitable for the type and density of
the development since the site is adequate in size and shape
to accommodate residential deve!6pment at the density pro-
posed.
3) The project is consistent with all city public facility pol-
icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropri-
ate condition to this project, insured that the final map
will not be approved unless the City Council finds that
sewer service is available to serve the project. In add-
ition, 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 available, the Planning Commission is
satisfied that the requirements of the public facilities
element of the General Plan have been met insofar as they
apply to sewer service for this project.
b) A school letter, dated September 24, .1981 has been sub-
mitted to ensure thhe availability of school facilities
. in the Carlsbad School District.-
c) Park-in-lieu fees are required as a condition of ap-
proval . .
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 Gen-
eral Plan.
f) Assurances have been given that adequate sewer for the
project will be provided by the Leueadia County Water
District.
4) The proposed project is compatible with the surrounding fu-
ture land uses since surrounding properties are designated
for residential development on the General Plan.
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Conditions: .
Gener al Cond i t ions
1) Approval is granted for CT 81-39/CP-185, as shown on
Exhibit "A", dated November 20, 1981, Exhibit "B" , dated
December 8, 1981, and Exhibits "C" - "M" , dated October 1,
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 avail-
able to serve the subdivision.
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.
4) Thic 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 pay-
ment of said fee a copy of that agreement dated September
17, 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-Hn-lieu fees to the city, prior
to the approval of the final map as required by Chapter 20.44
of the Carlsbad Municipal Code.
6) Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable
city ordinances in effect at time of building permit issu-
ance.
Planning: ''.... •
7> The applicant shall prepare a reproducible mylar of the final
site plan incorporating the conditions contained herein.
Said site plan shall be submitted to and approved 'by the
Planning Director.prior to the issuance of building permits.
COPY
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18)
The applicant shall establish a maintenance 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.
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.
All parking lot trees shall be a minimum of 15 gallons in
size.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in
conformance with the city's Sign Ordinance and shall require
review and approval of the Planning Department prior to in-
stallation of such signs.
Trash receptacle areas sh"all be enclosed by a 6 foot high
. masonry wall with gates pursuant to city standards. Loca-
tion of said receptacles shall be approved by the Planning
Director. .
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.
Approval of CT 81-39/CP-185 is granted subject to approval
of Special Use Permit 5.
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 ap-
plicant. Said ex-tension 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.
This project shall be considered a "Time-share" condominium
project and no unit shall sell for an increment of time to
exceed 4 months. A note indicating this shall be placed on
the final map.
Engineering • • •
19) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
-.4-PC RESO t1905
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Fire
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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.
Additional drainage easements and drainage structures shall
be provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City Engi-
neer.
The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water
agencies regarding services to the project.
The applicant shall install rock slope protection for the
fill slope adjacent to the flood channel to the
satisfaction of the City Engineer. The location of the
proposed rock slope protection shall be shown on the
grading plans and the supporting engineering calculations
shall be approved by the City Engineer prior to the
issuance of the grading permit.
The developer shall secure from the Leucadia County Water
District all the necessary easements for the relocation of
the existing sewer line which runs across the northern
portion of the project prior to the recordation of the
final map.
The developer shall obtain a License Agreement from the San
Diego Gas & - Electric Company allowing the construction of
the parking lot within .their easement prior to recordation
of final map.
The applicant shall enter into a lien contract for the
future improvement of a half width median on El Camino Real
along the subdivision frontage from the north end of the
San Marcos Creek bridge to the Costa Del Mar private road
entrance prior to the approval of the final map.
Prior to the issuance of building permits, complete building
plans shall be submitted to the Fire Department for review
and approval.
All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible" building
materials being located on the project site.
Proposed security gate systems shall be provided with
"Knox" key operated override switch, as specified by the
Fire'Department. , >.
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29) 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.
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30) Building exceeding 10,000 sq.ft." aggregate floor area shall
be sprinklered or have four-hour fire walls with no openings
therein which shall split the building into 10,000 sq.ft.
(or less) areas.
Parks and Recreation
31) Any existing street trees removed or damaged for any reason
shall be replaced by a species of equal size of a type
subject to the approval of the Parks and Recreation
Department.
32) The property's frontage along El Camino Real shall be sub-
stantially landscaped in compliance with the Parks and
Recreation streetscape program.
33) The applicant shall screen the parking lot from El Camino
Real by the use of ground contouring and landscaping which
shall be shown on the detailed landscape and irrigation
plan as required herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Planning Commission of the city of Carlsbad, California,
held on the 23rd day of December, 1981, by the following
to wit:
"' AYES:
NOES:
ABSENT: ' ' . .
. ABSTAIN: • " .
MARY MARCUS, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
JAMES C. I1AGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
CiftT
LA COSTA
CASE NO .CT81-39/CP-185/SUP-5/V-327
VICINITY MAP