HomeMy WebLinkAbout1983-09-06; City Council; 7468-1; Tentative Map/Condo Permit- T.P.B InvestmentsClOoF CARLSBAD - AGENQ BILL
AR* 7468-1
MTG 9/6/83
DEPT. CA
TITLE; TENTATIVE TRACT MAP AND
CONDOMINIUM PERMIT
CT 82-26/CP-223: T.P.B INVESTMENTS
OPPT. HD.
CITY ATTY_yfi_>
CITY MGR. ^*~
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RECOMMENDED ACTION:
If the City Council wishes to approve the Tentative Tract Map
CT 82-26 and Condominium Permit CP-223, then your recommended
action is to approve Resolution No. 73^3 •
ITEM EXPLANATION
The City Council, at your meeting of August 16, 1983, directed
the City Attorney to prepare the necessary document approving a
3 lot/72 unit Tentative Tract Map CT 82-26 and Condominium
Permit CP-223 on an 11.3 acre parcel on property generally
located on the southeast corner of Alicante Road and Zamora
Way per Planning Commission Resolution No. 2153. That
resolution is attached.
EXHIBITS
Resolution No.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A 3 LOT/72 UNIT
TENTATIVE TRACT MAP (CT 82-26) AND CONDOMINIUM
PERMIT (CP-223) ON1 AN 11.3 ACRE PARCEL ON PROPERTY
GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
ALICANTE ROAD AND ZAMORA WAY.
APPLICANT: T.P.B. INVESTMENT
CASE NO; CT 82-26/CP-223
WHEREAS, on July 27, 1983, the Carlsbad Planning
Commission adopted Resolution No. 2153 recommending to the City
Council that Tentative Tract Map (CT 82-26) and Condominium
Permit (CP-223) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
August 16, 1983, held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Tract Map (CT 82-26) and Condominium Permit
(CP-223); and
WHEREAS, said Tentative Tract Map and Condominium
Permit have been declared to have a nonsignificant impact on the
environment and a Negative Declaration was prepared and filed on
July 14, 1983 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. 2153 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 82-26 and Condominium
Permit CP-223 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. 2153, dated July 27, 1983 marked Exhibit A,
attached hereto and made a part hereof.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
6th day of September , 1993 by the following vote,
to wit:
AYES: Council Manbers Casler, Lewis, Kulchin, Chick an3 Prescott
NOES: None
ABSENT: None
MARY H. pASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ
(SEAL)
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WHEREAS, -a verified application for certain property, to
wit:
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EXHIBIT A
PLANNING COMMISSION RESOLUTION NO. 2153 Resolution
No. 7343
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL FOR A THREE LOT/SEVENTY-TWO UNIT
TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON A
11.3 ACRE PARCEL ON PROPERTY GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF ALICANTE ROAD AND
ZAMORA VJAY.
APPLICANT: T.P.B. INVESTMENT
CASE NO: CT 82-26/CP-223
Parcel 3 of Parcel Map 11722 filed October 9, 1981
and a portion of Section 36, Township 12 South, Range 4
West, San Bernardino Meridian,
las 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 27th day
: July, 1983, 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; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 82-26/CP-223, based
on the following findings and subject to the following
conditions:
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posed,
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1) Although the proposed density of 6.3 du's/acre is below the
• 'density range of 10-20 du's/acrc; specified for the site as
indicated on the Land Use Element of the General Plan, vzhis
• slightly lower density can be justified for the reasons stated
in the staff report.
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 pro-
indings;
The project is consistent with all City public facility pol-
icies and ordinances since:
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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, and 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) The San Marcos School District has written a letter, dated
December 1, 1982, stating that school facilities will be
available to this project^18
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.
&JL.
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
i'be available concurrent with need as required by the
general plan.
4) The proposed project is consistent with the City's Planned
Development Ordinance and also complies with the Design
Guidelines Manual.
PC RESO NO. 2153 2.
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available to serve the subdivision.7
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map,
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1) Approval is granted for CT 82-26/CP-223, as shown on
Exhibits "A" - "F", dated December 17, 1982, incorporated by
reference and on file in the Land Use Planning Office.
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
londitions:
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
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 December
1, 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.
5) The applicant' shall pay park-in-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) The applicant shall provide school fees to mitigate conditions
of overcrowding as part of building permit application. These
fees shall be based on the fee schedule in effect at the time
of building permit application.
) 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
8) 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.• .
|9) 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 Une
Planning Manager prior to final map approval.
PC RESO NO. 2153 3. ,/
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10) The applicant shall prepare a detailed landscape and irriga-
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size.
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12) All landscaped areas shall be maintained in a healthy and
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installation of such signs.
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14) Trash receptacle areas shall be enclosed by a six-foot high
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tion plan which shall be submitted to and approved by the Land
Use Planning Manager prior to the issuance of building
permits.
11) All parking lot trees shall be a minimum of 1 5 gallons in
thriving condition, free from weeds, trash, and debris.
13) 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 Land Use Planning Manager prior to
masonry wall with gates pursuant to City standards. Location
of said receptacles shall be approved by the Land Use Planning
Manager.
15) All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the
sound buffered from adjacent properties and streets, pursuant
to Building Department Policy No. 80-6, to the satisfaction of
the Land Use Planning Manager and Building and Planning
Director.
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16) The proposed retaining walls shall have architectural
treatment and landscaping to the satisfaction of the Land Use
Planning Manager and shall not exceed a height of six feet.
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commencement of any clearing or grading of the site.
21) The grading for this project is defined as "regular grading"
27 by Section 11.06.170(a) of the Carlsbad Municipal Code. The
developer shall submit a grading plan for approval which shall
include all required drainage structures and any required
PC RESO NO. 2153
17) The proposed fire access roads adjacent to Building Nos. 12 and
23 as shown on Exhibit "B" shall have signs denoting that they
are for emergency access only.
18) Approval of Tentative Tract CT 82-26/CP-223 is granted
subject to approval of SUP-7.
19) A maximum of six model home units may be constructed prior to
recordation of a final map provided that adequate provisions
acceptable to the Land Use Planning Manager and City Attorney
are made guaranteeing removal of such complex if the final map
is not recorded.
Engineering Department
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soils, geologic or compaction reports if required and shall
comply with all provisions of Chapter 11.06 of the Carlsbad
Municipal Code.
22) No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties'.
23) Prior to the issuance of a grading permit, the haul route
shall be submitted for review and approved by the City
Engineer. A separate grading plan shall be submitted and
approved and a separate grading permit issued for the borrow
or disposal site if located within the city limits.
24) All slopes within this project shall be no steeper than
2:1.
25) 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.
26) Direct access rights for all lots abutting Alicante Road and
Zamora Way shall be waived on the final map.
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27) The developer shall install street lights along all public and
15 private street frontages in conformance with City of Carlsbad
Standards.
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28) The developer shall install street trees at the equivalent of
17 40-foot intervals along all public street frontages in
conformance with City of Carlsbad Standards. The trees shall
18 be of a variety selected from the approved Street Tree List.
29) The developer shall install sidewalks along all public street
frontages in conformance' with City of Carlsbad Standards prior
to occupancy of any buildings.
30) The developer shall install a wheelchair ramp at the public
street corner abutting the subdivision in conformance with
City of Carlsbad Standards prior to occupancy of any build-
ings.
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31) The developer shall comply with all the rules, regulations and
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regarding services to the project.
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32) 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.
PC RESO NO. 2153 5. ''7
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33) All private streets and drainage systems shall be maintained
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sibilitv shall be clearly stated in the CC&R's.
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34) Approval of this tentative tract map shall expire twenty-four
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existing conditions.
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35) Prior to approval of final map, the existing twelve foot
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development shall be vacated.
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Fire Department
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by the homeowner's association in perpetuity. This respon-
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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
access easement along the southwest boundary of the proposed
36) Additional public and/or on site fire hydrants shall be re-
quired if deemed necessary by the Fire Marshall.
37) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and
on site roads and drives subject to the approval of the Fire
Marshall.
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38) An all weather access .road shall be maintained throughout
construction.
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39) All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located' on the project site.
40) Proposed security gate systems shall be provided with "Knox"
key operated override switch, as specified by the Fire De-
partment.
41) 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.
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42) Fire retardant roofs shall be required on all structures,
43) 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.
44) 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.
45) The water main should be connected to Almaden Lane and to
Alicante Road as shown on the tentative map rather then
Zamora Way.
PC UESO NO. 7.153 6.
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46) All streets shall have a minimum width of 16 feet of
unobstructed access.
Parks and Recreation
47) No existing street trees shall be removed unless written
approval is given by the Parks and Recreation Department.
48) No trees shall be planted within 10 feet of the curb.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 27th day of July, 1983, by the following vote, to wit:
AYES: Commissioners Marcus, Rombotis, Farrow,
Lyttleton, Friestedt and Rawlins.
NOES: None.
ABSENT: Chairman Schlehuber
ABSTAIN: None
^-^ JE^RYX^OMBOTTS, Vice-Chairman
S^ ^^£#RLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HQLZMILLgR
LAND USE PLANNING MANAGER
PC RESO NO. 2153 7.
ALICANTE RD
LA COSTA GOLF COURSE
CT 82-26 /CP-22'3