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HomeMy WebLinkAbout1982-08-03; City Council; 7097-1; TENTATIVE TRACT MAP AND CONDOMINIUM PERMITF. 13 w C a 0, )o a .. z 0 E i a z 3 0 0 1 -7 CIBOF CARLSBAD - AGEND BILL !lr AB# 7097-1 TITLE: TENTATIVE TRACT WP AND CONDOMINIUM DEPT. MTG. PERMIT CITY P 8/3/82 CA CT 81-30/CP-174 - PACESETTER DEPT. CITY n RECOMMENDED ACTION: If the Council wishes to approve the Tentative Tract Map and Condominium Permit (CP-174) then your recommended actior to adopt Resolution No. bq4 4 . (CT ITEM EXPLANATION : The City Council, at your meeting of July 20, 1982, directed City Attorney to prepare the necessary documents approving a tentative tract map (CT 81-30) and condominium permit (CP-174 Council also directed that the document include the followinc 1. Exhibits A and B, dated June 48, 1982 are replaced by new Exhibits A and B, dated August 3, 1982. Conditions number 34 and 35 are deleted, 2. 3. Condition number 50 is added to read as follows: "Water shall be provided by the City of Carlsbad unles some other arrangement is approved by the Citv Council 4. Condition number 51 is added to read as follows: "Applicant shall redesign the internal circulation of the project to eliminate the access to the north to Canino de las Ondas and to add a second access to Paseo del Norte. The redesign shall be to the satis- faction of the City Engineer and shall be done prior t approval of the final map." The attached document carries out those directives. If the Council concurs, your action is to adopt Resolution No. ,&96 EXHIBIT: Resolution No. &9 6q 1 , t a 2 3 4 5 6 7 8 9 10 11 12 n 2 S g 13 c?s g ;:us 14 00'2 z,ta i. 3a gggn 16 "oca 1'1 20 E st 2 a< 1u t 0 18 19 20 21 22 23 24 25 26 27 28 ggq 15 wu Q m RESOLUTION NO. 6964 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS TENTATIVE TRACT MAP (CT 81-30) AND CONDOMINIUM PERMIT (CP-174) ON 27.599 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND PASEO DEL NORTE IN THE P.C. .APPLICANT: PACESETTER CASE NO.: CT 81-30/CP-174. ZONE 0 WHEREAS, on June 23, 1982, the Carlsbad Planning Commission adopted Resolution No. 1978 recommending to the C Council that Tentative Tract Map (CT 81-30) and Condominium Permit (CP-174) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, July 20, 1982 held a public hearing to consider the recommendations and heard all persons interested in or oppos to Tentative Tract Map (CT 81-30) and Condominium Permit (CI and WHEREAS, said Tentative Subdivision Map and Condornj Permit have been declared to have a nonsignificant impact or environment and a Negative Declaration was prepared and file February 4, 1982 in compliance with the requiremehts of the of Carlsbad Environmental Protection Ordinance of 1980; NOW, THEREFORE, BE IT RESOLVED by the City Council the City of Carlsbad, California as follows: A. That the above recitations are true and correct B. That the findings of the Planning Commission ir Resolution No. 1978 constitute the findings of the City Cour in this matter. /// /// /// I P 2 3 4 5 6 7 8 9 10 11 0 12 2 3 g l3 -e N KU m OIL y"us 14 go;., 2c>z mGC2 15 L. ?a +>u* zw~d 16 "uzs 17 zg y 18 E 19 20 21 >I- a aQo i3 22 23 24 z5 26 z7 28 e 0 C. That said Tentative Tract Map, together with th provisions for its design and improvement and subject to the conditions of this resolution, is consistent with all applic general and specific plans of the City of Carlsbad. D. That Tentative Tract Map (CT 81-30) and Condomi Permit (CT-174) are hereby approved subject to all applicabl requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commiss Resolution No. 1978, dated June 23, 1982 marked Exhibit A, attached hereto and made a part hereof, with the exception c the following conditions: 1. Approval is granted for CT 81-30/CP-774, z shown on new Exhibits A and B, dated August 3, 1982, which replace Exhibits A and B, dated June 18, 1982. 2. Conditions number 34 and 35 are deleted. 3. The addition of condition number 50 to re; €allows: "Water shall be provided by the City of Carlsk unless some other arrangement is approved by the City Councj 4. The addition of condition number 51 to re; follows: "Applicant shall redesign the internal circuli of the project to eliminate the access to the north to Camir las Ondas and to add a second access to Paseo del Norte. TI redesign shall be to the satisfaction of the City Engineer i shall be done prior to approval of the final map." /// /// /// /// /// /// /// 2. t 1 2 3 4 5 6 7 8 9 10 11 12 2 Y g 13 E2 Q, dUuP 14 002," =t:,O &.- 15 Li -;a ggcs 17 zz y >$ c >s c 18 6 19 20 ' 21 22 23 24 25 26 n -x cv 0-1 $286 16 27 28 I/ 0 e PASSED, APPROVED, AND ADOPTED at a regular meeting the City Council of the City of Carlsbad, California, on tht " 3rd day of August , 1982 by the following vote, to Council Members Casler, Lewis, Chick and An AYES: NOES : None ABSENT: Council Member Kulchin vtlb%dd @&?? MARY H.&ASLER, Mayor ATTEST : (SEAL) 3, ., 1 2 -3 4 5 G 7 -8 9 lo . 13, 3.2 13 3-4 15 3-6 x7 38 3-9 20 21 22 23 24 . . - * 25 2G . 27 t ' EXHIBIT A RESOLUTION NC I )e *. PLANNING COlvlMISSION RESOLUTION NO. 7978 A RESOLUTION OF THE PLANNING COMMISSION OF TIIE CITY OF CARLSBAD , CALIFORNIA, RECOI~IIIENDING APPROVAL OF I? 260 UNIT TENTATIVE TRACT I4AP AND CoNDOtlINlUM PE.F.IIIT 014 27.599 ACRES OF PROPERTY GENERALLY LOCATED ON THE NOR'fL\UEA,CT CORNER OF POINSETTIA LAKE AND PASEO DEL NORTE IN THE P.C. ZONE APPLICANT: PACESETTER CASE NO: CT 81-30/CP-174 . WHERERS, a verified application for certain property to, A portion of CT 73-23, Map No. 8081, County of San Diegc filed February 28, 1975 has been filed with the city of Carlsbad, and referred to thc Planning Commission; and wit: WHEREAS, said verified application constitutes a reqiresl provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Cominission did, on the 23rd day o June, 1982, hold a duly noticed public hearing as prescribed law to consider said request; and WHEREAS, at said public hearing, upon hearing and cansidering all testimony and arguments, if any, of all pers desiring to be heard, said Commission considered all factors relating to t.he Tentative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEREBY REkOLVED by the Planning -. Commission as follows: A) 13) That the above recitations are true and correct. That based on the evidence presented at the public hcai the Commission recommends APPRGVI\L of CT 81-30/CP-174 the City Council. //// ///I 28 , , '# 1 2 3 4 5 6 7 s 9 20 'I a2 13 14 15 36 27 18 19 ~ 20 21 22 23 a4 '25 26 27 28 @ * 9 I. based on the foll-owing findings and subject to the following conditions: Findinqs: . . 4) The project is consistent with the city's General Plan s the proposed density of 9.4 du's/acre is within the dens range of 4-10 du's/acre specified for the site as indica on the Land Use Element of the Gencral Plan and can be justified for the following reasons: a) The project is comprehensively designed taking intc aceount the site's topographical features. Specj-fically, the units are designed to maximize vi to the west and east. These views are considered E Condominium Ordinance. The project provides recreation area in excess of t required by the Condominium Ordinance. The site is physically suitable for the type and der.sity the development since the site is adequate in size and s to acconnodate residential development at the density pr pased, The project is consistent with all city public facility icies and ordinznces since: a) design amenity over and above that required by the b) 2) 3) The Planning Commission has, by inclusion of an appr ate condition to this project, insured that the fin< will not be approved unless the City Council finds t . ition, the Planning Commission has added a conditic that a note shall be placed on the final map that bt ing permits n?ay not he issued for the project unlcs. City Enqineer dztermincs that sewer service is avail and building cannot occur within the project unless . service remains available, the Planning Cornmission i satisEied that the requirements of the public facilj element of the General Plan have been met insofzr a: apply to sewer service for this project. 'I School Distrj.ct pursuant to a letter from that dist.1 dated December 9, 1981. Park-in-lieu fees are required as a condition of ap- proval. ~ll necessary public ;inprovcmmotlks have heen providei will be required as conditions 'of-approval. Sewer service is available to serve the project. I! . b), School facilities will be available in the Carl.sbad c) a) //// e. PC nrxo NO. I 9x1 -2- .. 4. .I I 3. 2 3 4 5 6 7 8 9 3.0 .. X! 12 13 34 15 l6 17 18 . :a9 20 , 21 22 -. 23 24 25 26 27 28 0. ,'* . .. , 3. I e) The applicant has agreed and is required by the inclu of an appropriate condition to pay a public facilitie fee. Performance of that contract and payment of the : will enable this body to find that public facilities be available concurrent with need as required by the era1 Plan. .E} . Assurances have' been given that adequate sewer for th project Will, be provided by the city of Carlsbad. 4) The proposed pro;ect is compatible with the surrounding future lad uses since surrounding properties are designated for residential development on the General P.' 5) This project, as conditioned, will not cause any signif: environmental impacts and a Conditional Negative Declaration has been issued by the Planning Director on February 4, 1982 and approved by the Plmning Commissior June 23, 1982, 6) None of the improvements required to be made by Carlsba< .. Tract No. 73-23 have been made,, All pubic sewer, utili -drainage and access easements shown on the final map fo Carlsbad Tract No. 73-23 will be superseded by the requirements for inproverncnts and dedications of this approval an.d are therefore unnecessary for present or future public purposes, .. 7) No lots shown on Carlsbad Tract No. 73-23 have been conveyed or recorded. All 'previously paid fees. and deposits, except for processing fees, Cor Carlsbad Tract No. 73-23 are unnecessary to acconplish the purposes of Title 21 an6 be returned to the developer. However, developer shall a11 fees required by this approval, All previous improvement securities for Carlsbad Tract No. 73-23 wi3 replaced by improvencnt securities for this approval ar are therefore unnecessary and may be released. Return fees or release of securities shall occur upon recorda{ of the final map for this project (CT 81-30). 8) Conditions:. - ... General. Conditions: 1) Approval is granted for CT 81-30/CP-171, as shown on Ex' A and 13, dated June 18, 1382 and Exhibits D-I?, dated Ju 1982, incorporated by reference and on file in.the Plan Department. Devcloprncnt shall occur substantially as unless otherwise noted in thcse conditions. 2) This projcctr is approvcd upon the cxpress condition tha final map ctial.1 not f.)e approvcd iinlczr, thc city Council. as of the tilac oc such ;~~)provcll that SCWCK service is 2 ilhle to sorvc the r;ubdivi:;ion. .. 1 3, 2 3 4 5 6 7 . .. 3) This project is approved upon the express condition that building permits will not be issued for development of th subject: property unless the City Engineer determines that Sewer facilities are available at the time of application such sewer permits and will continue to be available unti time of occupancy. This note shall be placed on the fina map. .. 4) This project is approved upon the express condition that applicant shall pay a public facilities fee as requirzd t City Council Policy KO. 17, dated April 2, 1382, on file with the City Clerk and incorporated herein by rer‘erence, according to the agreement executed by the applicant for 8 9 20 12 l2 .13 3.4 15 3.6 17 I’ ment of said fee a copy of that aSreeincnt dated june 15, is on file with the City Clerk and incorporeted herein b! reference. If said fee is not paid as promised, this application will not be consistent with the General Plan approval for this project shall be void. The applicant shall, pay park-in-lieu fees to the city, p 5) . of the Carlsbad iX”lunicipa1 Code. 6) to the approval of the final map as required by Chapter Approval of this request shall not excuse compliance wit‘ sections of the Zoning Ordinance and all other applieabl city ordinances in effect at time of building pernit iss Planning Department: 7) The applicant shall submit a detailed recreation plan indicating the recreation facilities to be placed in th pssive recreation areas as shown on Exhibit B. Said F shall be submitted to and approved by the ?lanning Dire prior to the issuance of any building permits. from any property lines adjacent to a public street. 8) All parking spaces shall be set back a minimcm or‘ 10 fe 29 20i9) 21 22 23 . ‘‘ 25 26 27 28 1 The applicant shall submit a detailed plan indicating t location and amount of storage space to be provided for each unit. This plan shall be subject to the approval the Planning Director prior to .the issuance of any buil Ali l6ndscaped areas shall be maintained in a healthy t thriving condition, free fxoin weeds, trash, and debris Any signs‘proposcd for this devclopincnt shall be dcsicji in conforinsnce with the city’s Sign Ordinance and shal require review and approval of the planiling Dcpartmcnt prior to installation of such signs.’. Trash receptacle areas shall bc enclosed by a 6-foot h masonry wall with cjntcr, purscnnt to city standards. 1,ocat;ion of: said rcccpclcs sha1 1. bc approved by the Plannincl 12i rector. * permits. 10) 11) 12) a. 3 2 8 *4 5 G 7 -8 9 20 I1 12 13 14 15 16 - 17 18 - 19 20 21 22 23 i4 . * 25 26 27 '@ *e 13) All roof appurtenances, includinq air conditioners, shall be architecturally integrated and shielded from viev and the sound buffcwd from adjacent properLics and streets 1 the satisfaction of the Planning Department and Building Director. 14) The applicant shall submit a street name list consistent with the city's street name policy subject to the Planni Director's approval prior to E inal map approval. Approval oE this tentative tract map shall expire twenty four months froin the date oE City Council approval unles final. map is recorded. An extension may he requested by the applicant. Said extension shall be approved or deni at the discretion of the City Council. In approving an extension, the City Council may impose new conditions ar! may revise !existins conditions. 15) Engineering : 16) The developer shall obtain a graaing permit prior to the mencement of any clearing or grading of the site. 17) The grading for this project is defined as "controlled g: ing" by Section 11.05,170( a) of the Czrlsbad tlunicipzl Cc Grading shall. be performed under the observation of a ci7 engineer whose responsibility it shall he to coordir,ate inspection and testing to ifisurc compliance of the work the approved grzding plan, subait required reports to ti? City Encjineer and verify compliance with Chapter 17.OG G No grading shall occur outside the limits of the subdiy unless a letter of pernission is obtained from the awnc the affected properties. Additional drainage easernents and drainage structures s be provided or installed as may he required by the Cour Departntent of Sanitation and Flood Control or the City neer. Land for all public streets and casements shown on the tative map shall be dedicated on the.fina1 nap and sha granted to city free and clear of all liens and encumbt anccs. All land and/or easements required by this project slia granted to Lhe city, without: cost to the city, free an clear of all liens and cncumberances, Carlsbad Nunicipal Code. 48) ' ,19) 20) . 21) 22) All public streets shall he improved by the developer on the typical sections shown on the tentative map an< conformance with City of Carlsbad Standards prior to c pancy of any buiJ.diiigs. 28 PC RESO NO, 19311 -5- .. a 2 3 4 5 6 7 -8 9 IO .- 11 12 ,13 14 2.5 3.6 .'. " .. ;' 0 23) The developer shall install street lights along all publ and private street frontages in conformance with City of Carlsbad, Standards. 24) The developer shall comply with all the rules, regulatio and design requirements of the respective sewer and wate agencies regarding services to the project. 25) All.private streets and drainaqge systems shall be mainta by the hocteowner's association in perpetuity. This resp sibility shall be clearly stated in the CCtiR's. 26) All concrete terrace drains shall be maintained by the k owner's association (if on commonly owned property) or t individual proprty owner (if on an individually owned 1 identifying the responsibility shall be placed in the C( Direct access rights for all lots abutting Poinsettia L; Paseo del Norte and Camino de Las Ondas shall be waived the final map, Cedications for Poinsettia Lane, ~aseo ( Norte and Carnino de Lss Ondas as.shown on Carlsbad Trac 73-23 shall be retained by'city except as othemj.se specifically shown on the final map for this project (CY 30). 28) Prior to the approval of the final map the subdivider s: submit a detailed set of hydrology calculations for the subdivision prepared by a registered Civil Engineer. U review of these calculations, the City Encjir.eer may req that the storm drain located at the corner of Poiiisetti . ' perpetuity. An appropriately worded statement clearly 27) . . 17 and Paseo del Xorte be extended north along Paseo del N aB" Street. 19 . 20 21 project to the intersection of Lagoon Lane and Poinsett Lane prior to the construction of any units within the axed, The access ro~d shall-have a minimum 28-foot wid section within a pub1 icly dedica.ted easement along an alignment as shown on the-tentative map. Plaiis for construction and secured agreements for this improveinen be submitted to and approved by the city prior to the 22 23 24 . : 25 26 27 20 recordation of the final map. Ti;; developer shall install a desiltation hasin within adequate eascnnent and designed to the satisfaction of t County Department of Sanitation and Flood Control and t Engineer at the low end of the drainage iinprovcmcnts or east half of the grading activit,ics for the project. 31) The developer shall post a separate' grading and erosfor control bond for the construction and' maintenance of tk desiltati.cn basin. Upon itcccptance of the publ ic i mprc for this sulxlivision, thc bond shall he rcduccd. t.o a sufcicicnt aiiwunt lis dctcrmin(:d by ttic City I;:ngltlcer fc 5 JO) PC RISO NO, 1378 -6- 3. 2 3 4 5 6 1 -8 9 10 22 22 13 14 15 .. - 16 I. .: .e *' 0 continued maintenance and eventual removal of the desiltation basin. This bond shall he retained by the ( until such time as the City Engineer determines the slor have been satisfactorily stabilized and the basin is removed. 32) The developer shall enter into a secured agreement for one-eighth of the cost of the installation of the trcaff: signal at the intersection of Poinsettia Lane and Lagoor This secured agrecment shall be s~ubmitted to and approvc the city prior to the. approval of the final map, 33) The developer shall install half street improvements, including a raised median, on Poinsettia Lane for a11 pl right-of-ways adjacent to the subdivision :.R accordance city standards arid based upon a centerline io curb widtl follows: 41 feet fok Poinsettia Lane, 32 feet for Pasec The developer shall' agree to financially participate in study to be jointly funded by a11 developers and owners area prior to final map approval. The purpose of the st will be to: 1) Determine the bridge and bridge approach requirement for poinsettia Lane structures over Interstate 5 anc the AT&SF Railroad; and Norte, and 32 feet for Camino de,las Ondas. 34) 2) To determine a method of financing area of benefit i proportional share of cost required frorl! each propel owner. I ~' -3.7 18' 3-9 20 21 22 23 24 . zfi 26 27 28 35) The developer shall agree to participate in a financing and pay a pro rata share of cost of the Poinsettia bricic 1-5. To this end, the developer shall sign an appropriz agreement in a form acceptable to the city prior to fin; approval , 36) The applicant shall agree to utilize reclaimed water, ir I form, on the subjecb property in all coininon areas as approved by the City Engineer, 37) The reclaimed water irrigation system shall be maintain( operated consistent with the requirements of the City 01 Carlsbad I under a contractural agreement with the homeoc association that is to give the city total assurance tlit would always have the ability to discharge the effluent, 38) Irrigation systems to acconmodate future recl.airncd watez be designed consistent with Title 17 of the California : Admin Code. Off site future rcclai,iwd water distrihutic system should be ant icipnterl by thc incta1.1at:ion of adequatctly sized sleeves at crossing points to rniniinizc? excavation, . /I// 3 2 3 4 5 6 7 .8 9 10 11 32 13 14 Fire Department: 39) The applicant shall install an automakic fire sprinkler S in all the buildings subject to the approval of the Fire Marshall prior to final occupancy of any units. This requirement may be vaived if a satisfactory alternative i approved by tile Fire Marshall. 40) An all weather access road shall be maintained throughout construction. 41) At the tine of construction of a phase, all required firt hydrants, water mains and appurtenances shall be operatic within that phase priDr to combustible building material% being located on the p-oject site subject to the approva the Fire tblarshall. All private driveways shall be kept clear of parked vehi at all times, and shall have posted, "NO Parking/Fire La Away Zone" t pursuailt t~ Section 17.04.040, Carlsbad Muni Code. Fire retardant roofs are required on all structures. A11 fire alarm systemsI fire hydrants, extinguishlng sys automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Departraent for ai prior to construction. 42) 43) 44) 3-7 18' 3-9 . 20 21 1 1Bj 22 23 . 24 . * 251 26 27 28, shall be sprinklered or four-hour fire walls with no opt therein shall split the building into 10,000 square feel less) areas. Parks and Recreation: 46) All landsczping along poinsettia Lane and along any pub median islands shall comply with the Parks ad Kecreati Department's theme streetscape policy. Plans for said scaping shall be submitted to and approved by the Parks Recreation Director prior' to the issuance of any buildi permits. The applicant shall install a city entry sign pursuant Parks and Recreation theme streetscapc policy prior to occupancy of any units, A11 parking areas shall be screened from public right-c using a combinat ion of landscapinq a.nd fermincj sub] ect. approval of: the Parks and Rccrcat ion Director. Lots 100 and 101 as shown on Ci.irlSGad'Tract No. 73-23 bc designated as a remainder pcircel on thc final map. for SL~C~~:~, uti 1 iky or (1r;iinc?c7~ improvc\a\cnts f 110 d~vcl shnl 1 occ111: on the ~c!I~~I~II(IPI: ]idrcel until it is furklle - 47) 48) 43) cii1wjiv~~1~.<j- A Ilot;c :;tating tllis restriction !;hall \IC J ,. 1 2 3 4 5 6 7 -8 9 20 ' . 11 12 13 3.4 15 3.6 .17 18 -19 -' *IO . I 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the ning Commission of the City of Carlsbad, California, held on 1 23rd day of June, 1982, by the following vote, to wit: AYES: Chairman Farrow, Commissioners Marcus, Rombotis Schlehuber, Jose and Friestedt NOES : None w ABSENT : Com.i.nissioner Rawlins ABSTAIN: None tc dWMHAk4b. CARL snA& NI NG cci-2- 1 VERNON J FkliKOWf Jy. , Chs ATTEST: - \ \!, 1 !,[-;,/y) e (I G-=-=,T\-, .O\i \\,& . 1 .-,g ?,',i,<--*- coj MICHAEL EOCL!4:C LLi?.2, Secretary CARL S E AD PLANN I NG COt41MI: S S I ON I 20 21 22 23 24 . 25 ZG 27 28 .I -, . PC RCSO. 140. 1378 -9- t TRAFFIC COUNTS -I- - PACESrTTER HOMES LTSI-30 h PDLPARrn RY LA/C]~jF~QlAj~ Dr-pT AIKUS 4 m m TELEPI (71 4) 43 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of cGCarlI$bab August 9, 1982 Pacesetter Homes, Inc. 4540 Campus Drive Newport Beach, CA 92,660 Enclosed for your records, please find a copy of the following Resolution 6964 -- , adopted by the Carlsbad City Council on August 3, 1982 Sincerely, L LEE City LR : adm Enclosures ( 1 ) __~_ 59' ~~ - ~-~~ PXZG7ZNG ,f-- 32' +:/MeoY&+ IA --?L- - - __ r- ~ ~ ! FUrnE. k? --- I It- - - - -. -=:.:+ I -- ~- -~ ~~~-~ 1-d PO/N8ZTT/# LffiE I Q ,, ,,_,:, ","" ' ' " " '~'" " , ' '' - - -i- ._, ,AFLF - -.'. .. ., '34' I ...- ~ .- ,..- .-.. ,.? .+ 12 P N4 -------