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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. ^*~ QLU oa:a.o_ 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. o j o oo 1 8CD o>CO V 2 « UJ z t_ > UJ < *z8°giSo -r O ^~ ^5 fc: CD> f- co 1 2 3 4 5 6 7 8 9 10 11 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 w 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. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .18 19 20 21 22 23 24 25 26 27 28 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) 2. 1 2 3 4 5 6 WHEREAS, -a verified application for certain property, to wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: V 2 3 4 6 posed, 8 9 10 11 12 13 14 15 16 17 23 24 25 26 27 28 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: e 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. 3 4 5' 6 available to serve the subdivision.7 8 9 10 map, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ,/ > 1 10) The applicant shall prepare a detailed landscape and irriga- 2 3 4 size. 5 12) All landscaped areas shall be maintained in a healthy and 6 7 8,, installation of such signs. 9 14) Trash receptacle areas shall be enclosed by a six-foot high 10 11 12 13 14 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. 15 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. 16 17 18 19 20 21 22 23 24 25 20) The developer shall obtain a grading permit prior to the 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 19 20 21 22 26 27 28 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. 14 27) The developer shall install street lights along all public and 15 private street frontages in conformance with City of Carlsbad Standards. 16 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. 23 31) The developer shall comply with all the rules, regulations and 24 design requirements of the respective sewer and water agencies regarding services to the project. 25 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 1.. 33) All private streets and drainage systems shall be maintained 2 sibilitv shall be clearly stated in the CC&R's. 3 34) Approval of this tentative tract map shall expire twenty-four months from the date of City Council approval unless a final4 5' 6.. existing conditions. 7 35) Prior to approval of final map, the existing twelve foot 8 development shall be vacated. 9 Fire Department 10 11 12 13 15 16 17 18 19 20 21 23 24 25 26 27 by the homeowner's association in perpetuity. This respon- _ - — — j. „ ___ A. A. — - — — — — 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. 14 38) An all weather access .road shall be maintained throughout construction. ' 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. 22 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. 1 2 .3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 >*v 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