HomeMy WebLinkAbout1982-10-19; City Council; 7164-2; Tentative Map & Condo Permit- Daon CorpCl CARLSBAD — AGENDAV4ILL
ARtf 7164-9
MTG. in/1Q/82
DEPT. PA
TITLE: TENTATIVE TRACT MAP AND CONDOMINIUM
PERMIT: DAON CORPORATION
CT 82-15/CP-212
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CITY ATTYjxHj
CITY MGR. JZ^L
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RECOMMENDED ACTION:
If the City Council wishes to approve the Tentative Tract Map CT 82-
15 and Condominium Permit CP-212, then your recommended action is
to approve Resolution No. ^703^ and adopt Ordinance No. 9648.
ITEM EXPLANATION
The City Council, at your meeting of October 15, 1982, introduced
Ordinance No. 9648 approving ZC-262. In addition, the City Council
directed the City Attorney to prepare the necessary document
approving a 40 Lot/490 unit Tentative Tract Map CT 82-15 and
Condominium Permit CP-212. That resolution is attached.
Condition numbers 20 and 47 have been amended to read as follows:
Condition #20; "All grading equipment shall be maintained
in top operating condition with adequate mufflers to
mitigate noise impacts. On site maintenance of equipment
shall be limited to the hours of 7:30 a.m. to 8:00 p.m.,
Monday through Saturday."
Condition #47; "Prior to final map approval the developer
shall construct the north half of Alga Road from Alicante
Road to El Camino Real. Prior to final map approval the
City may initiate special assessment district proceedings
for said road and developer shall agree to consent to the
formation of the district. If such proceedings are
consumated prior to final map approval developer is relieved
from his obligation to construct the road in return for his
participation in the district. If the City chooses not to
initiate the district the City Council may elect to accept a
secured agreement from developer for construction of the
road provided such agreement provides for the construction
within six months of the date the final map is approved."
EXHIBIT
Resolution No. 703^
Ordinance No. 9648.
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RESOLUTION MO.7039
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A 40 LOT/490 -UNIT
TENTATIVE TRACT MAP (CT 82-15) AND CONDOMINIUM
PERMIT (CP-212) ON PROPERTY GENERALLY LOCATED ON
THE SOUTH SIDE OF CORTE DE LA VISTA, EAST OF
ALICANTE ROAD.
APPLICANT; DAON CORPORATION/CT 82-15/CP-212
WHEREAS, on August 25, 1982, the Carlsbad Planning
Commission adopted Resolution No. 2013 recommending to the City
Council that Tentative Tract Map (CT 82-15) and Condominium
Permit (CP-212) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
October 5, 1982, held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Tract Map (CT 82-15) and Condominium Permit
(CP-212); and
WHEREAS, said Tentative Tract Map and Condominium
Permit have been declared to have a nonsignificant impact on the
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environment and a Negative Declaration was prepared and filed on
August 9, 1982 in compliance with the requirements of the City
of Carlsbad Environmental Protection Ordinance of 1980 and the
California Environmental Quality Act;
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. 2013 constitute the findings of the City Council
in this matter.
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C. That said Tentative Tract Map, together with the
provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
D. That Tentative Tract Map (CT 82-15) and Condominium
Permit (CP-212) 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. 2013, dated August 25, 1982, marked Exhibit A,
attached hereto and made a part hereof, with the exception of
condition numbers 20 and 47 which have been amended to read as
follows:
Condition #20; "All grading equipment shall be
maintained"in top operating condition with adequate
mufflers to mitigate noise impacts. On site
maintenance of equipment shall be limited to the hours
of 7:30 a.m. to 8:00 p.m., Monday through Saturday."
Condition^ #47; "Prior to final map approval the
developer shall construct the north half of Alga Road
from Alicante Road to El Camino Real. Prior to final
map approval the City may initiate special assessment
district proceedings for said road and developer shall
agree to consent to the formation of the district. If
such proceedings are consumated prior to final map
approval developer is relieved from his obligation to
construct the road in return for his participation in
the district. If the City chooses not to initiate the
district the City Council may elect to accept a secured
agreement from developer for construction of the road
provided such agreement provides for the construction
within six months of the date the final map is
! approved."
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0 u. ^ |VINCENT F. BIONATTORNEY - CITY1200 ELM AVE.RLSBAD. CALIFOi•i <t
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PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
19th day of October / 1982, by the following vote,
to wit:
AYES: Council Members easier, Lev>is and Chick
NOES: None
ABSENT: Council Members Kulchin and Anear
C^ J ^^MARY H.yCASLER, Mayor
ATTEST:
Qjit/w, & $(ui&Ju^^
ALETHA L. RAUTENKRANZ, City ilerk
( SEAL )
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„ wit:
Parcel 2 of Parcel Map 11722 in the city of Carlsbad
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RESOLUTION NO. 7039
PLANNING COMMISSION RESOLUTION NO. 2013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
40 LOT TENTATIVE TRACT MAP AND A 490 UNIT CONDOMINIUM
PERMIT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF CORTE DE LA VISTA, EAST OF ALICANTE ROAD.
APPLICANT: DAOM CORPORATION
CASE NO.: CT 82-15/CP-212
WHEREAS, a verified application for certain property to
according to Document No. 81-322184 recorded on October
9f 1981.
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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 25th day of
12 August, 1982, hold a duly noticed public hearing as prescribed by
13 law to consider said request; and
14 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 82-15/CP-212, based on the
following findings and subject to the following conditions:
Findings .
1) The project is consistent with the city's General Plan since the
proposed density of 12.5 du's/acre is within the density range
of 10-20 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 development at the density proposed.
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be required as conditions of approval.
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d) The applicant has agreed and is required by the inclusion of
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3) The project is consistent with all city public facility policies
and ordinances since:
a) The Planning Commission has, by inclusion of an appropriate
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 addition, the
Planning Commission has added a condition that a note shall
be placed on the final map that building 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) Park-in-lieu fees are required as a condition of approval.
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 ne.ed as required by the General
Plan.
e) School fees will be paid to ensure the availability of
school facilities.
f) Assurances have been given'that adequate sewer for the
project will be provided by the Leucadia County Water
District.
4) The proposed project is compatible with the surrounding
existing and future land uses since surrounding properties are
designated for residential development on the General Plan.
5) A Conditional Negative Declaration has been issued by the Land
Use Planning Manager on August 9, 1982 and approved by the
Planning Commission on August 25, 1982.
6) This project complies with the Planned Development Ordinance
and is consistent with the Design Guideline's Manual.
Conditions:
1) Approval is granted for CT 82-15/CP-212, as shown on Exhibit(s)
"A" through "0", dated August 5, 1982, and Exhibit "P", dated
June 25, 1982, incorporated by reference and on file in the Lane
Use Planning Office. Development shall occur substantially as
shown unless otherwise noted in these conditions.
PC RESO NO. 2013 -2-
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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.
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
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- occupancy. This note shall be placed on the final map.
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facilities are available at the time of application for such
sewer permits and will continue to be available until time of
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 April 2, 1982, 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 June 21, 1982, 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.
IP 5) The applicant shall pay park-in-lieu fees to the city, prior to
., -z 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 issuance.
Land Use Planning Office
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 Land Use
Planning Manager prior to the issuance of building permits.
8) The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Land Use
Planning Office prior to final map approval.
9) The, applicant shall prepare a detailed landscape and irrigation
plan which shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
Said landscape plan shall indicate special treatment within and
between the buildings contained within the hillside units and
along Corte de la Vista to screen the parking structures from
this street.
10) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
PC RESO NO. 2013 -3-
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11) A detailed plan of the private recreation areas of the trails
and split level units shall be submitted to and approved by the
Land Use Planning Manager prior to the recordation of the final
map.
12) The garage structures for the Trails Units shall be set back a
, minimum of 5" from the private driveways.
13) Any signs proposed for this development shall be designed inK
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conformance with the city's Sign Ordinance and shall require
review and approval of the Land Use Planning Office prior to
installation of such signs.
14) 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 Land Use Planning Manager and Building and
Planning Director.
15) The applicant shall submit a street name list consistent with
the city's street name policy subject to the Land Use Planning
16) The project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit Dis-
trict. Said facilities shall at a minimum include a bench, free
from advertising and a pole for the bus stop sign. The bench
and pole shall be designed in a manner so as to not detract from
the basic architectural theme of the project and said design
shall be subject to the approval of the Land Use Planning
Manager and North County Transit District.
17) Approval of Tentative Tract No. CT 82-15/CP-212 is granted
subject to approval of Zone Change 262.
is"18) Approval of this tentative tract map shall expire twenty-four
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.
19) Notification shall be given to the residents in the project
located adjacent to the off-site grading disposal site prior to
the start of hauling operations. This notice shall be given at
least 30 days prior to the start of operations and shall contait
the name of a contact person to contact in case of complaints
or violation of off-site grading conditions.
25"20) All grading equipment shall be maintained in top operating
condition with adequate mufflers to mitigate noise impacts.
PC RESO NO. 2013 -4-
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., contained herein. The applicant shall have the grading
contractor sign an acknowledgement of the conditions. During
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21) The off-site grading operation shall not be conducted during
Santa Ana conditions or conditions of high winds from an
easterly direction from the site toward existing residences.
22) The grading operation shall not be conducted on weekends or
holidays.
23) The City Engineer and/or the Land Use Planning Manager shall
have the authority to shut down the off-site grading operation
•should the grading contractor not fulfill any of the conditions
any time that the operation is shut down pursuant to this
condition, the applicant shall do whatever erosion control
mechanisms are deemed necessary by the City Engineer.
Engineering Department
24) The developer shall obtain a grading permit prior to the com-
mencement of any clearing or grading of the site.
25) 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 Chapter 11.06 of the Carlsbad Municipal
Code.
26) Upon completion of grading, the developer shall insure that an
"as-graded" geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective
measures as actually constructed and must be based on a contour
map which represents both the 'pre and post site grading. This
plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar
or similar drafting film and shall become a permanent record.
27) No Grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties.
28) 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.
29) All land and/or easements required by this project shall be
granted to the city, without cost to the city, free and clear
of all liens and encumberances.
PC RESO NO. 2013 -5-
30) Except as shown on the tentative tract map (Exhibit 'A'),
direct access rights for all lots abutting Alicante Road and
Corte de la Vista shall be waived oh the final map.
31) The developer shall install street lights along all public and
private street frontages in conformance with City of Carlsbad
Standards (La Costa Standards).
32) The developer shall install street.trees at the equivalent of
. 40-foot intervals along all public street frontages in
conformance with City of Carlsbad Standards. The trees shall
be of a variety selected from the approved Street Tree List.
7 33) The developer shall install sidewalks along all public street
8 to occupancy of any buildings.
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frontages in conformance with City of Carlsbad Standards prior
34) The developer shall install a wheelchair ramp at the public
street corner abutting the subdivision in conformance wilVi
of Carlsbad Standards prior to occupancy of any buildings.
35) The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
36) The design of all private streets and drainage systems shall be
approved by the City Engineer prior to approval of the final
map. The structural section of all private streets shall
conform to City of Carlsbad Standards based on R-value tests.
All private streets and drainage systems shall be inspected by
the city and the standard improvement plan check and inspection
fees shall be paid prior to approval of the final map.
37) 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.
38) All concrete terrace drains shall be maintained by the home-
owner's association (if on commonly owned property) or the
individual property owner (if on an individually owned lot) in
perpetuity. An appropriately worded statement clearly
identifying the responsibility shall be placed in the CC&R's.
22 39) The developer shall insure that there is stringent dust
control at all times and that the adjacent public streets are
cleaned of dirt and debris daily during all phases of the
grading and construction activities.
40) The developer shall install and maintain a temporary
irrigation system on the off-site fill area until such time as
the city Engineer has determined that the hydroseed
landscaping has been established.
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crossings of public streets.
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43) The off -site grading operation shall be accomplished in one
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41) The developer shall post a cash bond with the City to ensure
the replacement and/or repair of the public street section at
the locations where the off-site grading haul road crosses
public streets.
42) The developer shall conduct the grading haul operations only
between the hours of 7:30 AM and 4:00 PM and shall provide
adequate flagman control at all times at the haul route
operation. No grading shall be allowed during weekends or
holidays, during Santa Anas or conditions of high winds or
during the rainy season (Nov. 16 to April 15).
44) After the grading operations are complete all off-site grading
areas and haul routes shall be restored as near as possible to
the existing conditions.
45) Prior to the start of the off-site filling operation the
developer shall install a temporary desiltation basin at the
low end of the drainage course adjacent to the proposed fill
site. The developer shall enter into the city's standard
secured maintenance agreement prior to the issuance of a
grading permit.
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46) Prior to the approval of the final map the developer shall
submit a detailed parking layout for the City Engineer's
review and approval. Should the layout be found deficient the
developer shall modify the design to the satisfaction of the
City Engineer and the Land Use Planning Manager.
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47) Prior to the approval of the final map the developer shall
provide for the installation of the North half of Alga Road
from Alicante Road to El Camino Real. The road shall be
constructed prior to occupancy of the one hundred and first
unit of the project.
48) Water shall be provided by the City of Carlsbad unless some
other arrangement is approved by the City Council.
Fire Department
49) Additional public and/or on-site fire hydrants are required.
50) Submit two (2) copies of a site plan showing locations of
existing and proposed fire hydrants and on-site roads and
drives. ,
51) An all weather access road shall be maintained throughout
construction.
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_ 52) All required fire hydrants, water mains and appurtenances shall
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' 54) All private driveways shall be kept clear of parked vehicles at
all times, and shall have posted "No Parking/Fire Lane Tow Away
fi Zone" pursuant to Section 17,04.040, Carlsbad Municipal Code.
„ 55) All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
8 prior to construction.
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•i-i Parks and Recreation
57) Street trees to be planted 12 feet back from curb and species
to be approved by the Parks and Recreation Department.
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58) Open space area to be hydroseeded with native drought tolerant
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be operational prior to combustible building materials being
located on the project site.
53) Any proposed security gate systems shall be provided with
"Knox" key operated override switch, as specified by the Fire
project shall be submitted to the Fire Department for approval
56) The developer shall provide a system of addressing or building
identification as approved by the Fire Chief.
seed mix and prepared before seeding.
59) Detailed landscape and irrigation plan is required for Parks
and Recreation Department approval.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
17 Planning Commission of the city of Carlsbad, California, held on
the 25th day of August, 1982, by the following vote, to wit:
AYES; Commissioners Marcus, Friestedt, Jose
NOES: Commissioners Rombotis, Rawlins
ABSENT: Chairman Farrow, Commissioner Schlehuber
, ABSTAIN: None
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PQ ATTEST:
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MARY MARCUS, Pro Tern, Chairman
CARLSBAD/PLANNING COMMISSION
i J. ut)ii%H1.1j1 'll^K, Secrotary
CARLSBAD PLANNING COMMISSION
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ORDINANCE NO. 9648
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF
THE CARLSBAD MUNICIPAL CODE BY AMENDING THE
ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-262)
FROM R-1-10,000 TO RDM ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF CORTE DE LA VISTA,
EAST OF ALICANTE ROAD.
DAON CORPORATION; ZC-262/CT 82-15/CP-212 .
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Code is
amended by the amendment of the zoning map to grant a change of
zone (ZC-262) from R-1-10,000 to RDM on property as shown on
the map marked ZC-262 - Exhibit A, attached hereto and made a
part hereof.
SECTION 2: 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
and amended on April 2, 1982, 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 June 21, 1982, 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. Said
fees shall be paid based on the April 2, 1982 version of Policy
No. 17.
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C z
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City
to the adoption of this ordinance and cause
at least once in the Carlsbad Journal within
its adoption.
Clerk shall certify
it to be published
fifteen days after
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 5th day
1982, arid thereafter
of October /
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 19th day of October
following vote, to wit:
AYES: Council Members Casler, Lewis and
NOES: None
, 1982 , by the
Chick
ABSENT: Council Msiribers Kulchin and Anear
^MARY
ATTEST:
/tot*," / /^fc/i^^ALETHA L. RAUTENKRANZ , City cSerk
(SEAL)
2.
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H.yCASLER, Mayor
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ZC 262
3ST A
/