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HomeMy WebLinkAbout1984-06-19; City Council; 7770-1; GRANTING THE APPEAL OF PLANNING COMMISSION DECISION AND APPROVING PROJECT CT 84-2 | CP-270: LA COSTA POINTE? *.. c h 0 cr e % 2 2 a 0 E 6 s z 0 I CITWF CARLSBAD - AGENDWILL -/ i' DEPT. H AB# 7770-#1 TITLE: GRANTING THE APPEAL OF PLANNING 6/19/84 COMMISSION DECISION AND APPROVING PROJFCT, CITY AT MTG, DEPT. CA CITY Mc CT 84-2/CP-270: LA COSTA POINTE RECOMMENDED ACTION: If the City Council wishes to grant the appeal and approve CT 84-2/CP-270, La Costa Pointe, your action is to adopt Resolution No. 7 blfs' ITEM EXPLANATION The City Council, at your meeting of June 5, 1984 directed thc City Attorney to prepare documents granting the appeal and approving CT 84-2/CP-270, La Costa Pointe. The findings of the Planning Commission contained in Resolutic 2265, dated May 9, 1984, are not the findings of the City Cour this matter. The City Council is adopting the Negative Declai as issued by the Land Use Planning Manager on March 12, 1984. The resolution includes findings and conditions of approval a! recommended by the Land Use Planning Manager. The Council shc review them to verify that they accurately reflect your intent in the matter. EXHIBIT Resolution No. 7644 k I 9 4 1 2 3 4 5 6 7 8 9 10 11 12 L3 2 9 g 13. K2 8 z:ws 14 OOZE z> g0 gk=xLL 15 u:, 3a wo $286 16 WZNQ w='-,m 17 ZP 2 >I- n a4 E - 18 19 20 21 22 23 24 25 26 27 28 0-I 0 0 a RESOLUTION NO. 7644 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA GRANTING THE APPEAL FROM THE PLANNING COMMISSION'S DENIAL AND APPROVING A 48 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT CORNER OF ALGA ROAD AND EL FUERTE STREET. APPLICANT: LA COSTA POINTE CASE NO.: CT 84-2/CP-270 \ ON 2.84 ACRES GENERALLY LOCATED ON THE NORTHWEST WHEREAS, the Planning Commission at their meeting t 9, 1984 held a duly noticed public hearing as required by li consider the approval of a 48 unit tentative tract map CT 8, and condominium permit CP-270 on 2.84 acres of property genc located on the northwest corner of Alga Road and El Fuette I more particularly described as : Lots 413-416 of La Costa Meadows, Unit 3 per Map 7076 filed October 6, 1971; and WHEREAS, the Planning Commission did on said day a said public hearing deny the request for a tentative tract and condominium permit;and WHEREAS, the applicant appealed the decision of th Planning Commission to the City Council; and WHEREAS, on June 5, 1984 the City Council of the C Carlsbad held a duly noticed public hearing as proscribed b to consider said appeal and at said hearing after considera of all of the evidence, testimony, argument of those person present and desiring to be heard the City Council determine grant the appeal and adopted the Negative Declaration, issu the Land Use Planning Manager on March 12, 1984, I NOW, THEREFORE, BE IT RESOLVED by the City Council the City of Carlsbad as follows: ' 1. That the above recitations are true and correc I I 7 I 1 2 3 * 5 6 7 8 9 10 11 a l2 2 Y 3 13 ciz 8 :;US 14 oo=z z,Za 0l-28 15 *G in 3a i k>UV z~8d 16 ggcs 17 ze y a >-5 k u 18 19 20 21 22 23 24 25 26 27 28 >+ a 0 e B. That the findings of Planning Commission Resol NO. 2265, dated May 9, 1984, do not reflect the findings 0 City Council at their meeting of June 5, 1984. That based the evidence presented at the public hearing the City Counc grants the applicant's appeal and makes the following findi Findings: 1. The project is consistent with the City's general plan the proposed density of 16.9 du's/acre is within the de range of 10-20 du's/acre specified for the site as indi on the land use element of the general plan. 2. The site is physically suitable for the type and densit the development since the site is adequate in size and to accommodate residential development at the density proposed. 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 tha final map will not be approved unless the City Cou 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 t final map that building permits may not be issued the project unless the City Engineer determines tl- sewer service is available, and building cannot oc within the project unless sewer service remains available, and the Planning Commission is satisfie the requirements of the public facilities element the general plan have been met insofar as they apg sewer service for this project . b, The San Marcos School District has written a lette dated January 3, 1984, stating that school facilit will be available to this project. approval . will be required as conditions of approval. e. The applicant has agreed and is required by the c. Park-in-lieu fees are required as a condition of d. All necessary public improvements have been provid inclusion of an appropriate condition to pay a pul: facilities fee. Performance of that contract and 2. I *, b 1 2 3 4 5 6 7 8 0 10 11 n l2 a E "E OD l3 u2 a z"Ya noIz 14 z ,zK gts: 15 5ZSP. "uy$ 16 17 18 19 20 21 22 23 24 25 26 0" wo u:, 5a 52 y a5 t =-I- K a 27 28 0 0 payment of the fee will enable this body to find th public facilities will be available concurrent with need as required by the general plan. project will be provided by the City of Carlsbad. f. Assurances have been given that adequate sewer for 4. The proposed project is consistent with the City's Planr Development Ordinance and also complies with the Design Guidelines Manual. 5. The proposed project is compatible with the surrounding future land uses since surrounding properties are desigi for residential development on the general plan. This project will not cause any significant environmenti Land Use Planning Manager on March 12, 1984 and approvec the City Council on June 5, 1984. C. That the City Council hereby aproves tentative 6. impacts and a Negative Declaration has been issued by tl tract map CT 84-2 and condominium permit CP-270 subject to following conditions: Conditions: 1) Approval is granted for CT 84-2/CP-270, as shown on Ex , dated March 14, 1984, incorporated by referen on file in the Land Use Planning Office. Development occur substantially as shown unless otherwise noted in conditions. 88 A 18 - 81 1 w 2) This project is approved upon the express condition th final map shall not be approved unless the City Counci finds as of the time of such approval that sewer servi available to serve the subdivision. 3) This project is approved upon the express condition th building permits will not be issued for development of subject property unless the City Engineer determines t sewer facilities are available at the time of applicat for such sewer permits and will continue to be availab until time of occupancy. This note shall be placed on final map. 4) This project is approved upon the express condition th applicant shall pay a public facilities fee as require City Council Policy No. 17, dated April 2, 1982, on fi with the City Clerk and incorporated herein by referen and according to the agreement executed by the applica payment of said fee, a copy of that agreement, dated January 16, 1984, is on file with the City Clerk and incorporated herein by reference. If said fee is not 3. ,' 1 2 3 4 5 6 7 8 9 10 11 D l2 a .2 % O0 8 13 E3 b, dLws 14 4':s 15 mz 2 i, Sa 52~0. 16 z:Ezs 17 zp y 18 I' 20 21 22 23 24 25 26 27 28 OO;3$ wv >I- a > ":$ !z V e 0 as promised, this application will not be consistent w: the General Plan and approval for this project shall h 5) The applicant shall pay park-in-lieu fees to the City, to the approval of the final map as required by Chapte 20.44 of the Carlsbad Municipal Code. void. 6) Approval of this request shall not excuse compliance w all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of buildi permit issuance. 7) Water shall be provided by the San Marcos County Water District. 8) The applicant shall prepare a reproducible mylar of th final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and apprc by the Land Use Planning Manager prior to the issuance building permits. 9) The applicant shall establish a homeowner's associatioi corresponding covenants, conditions and restrictions. CC&R's shall be submitted to and approved by the Land 1 Planning Manager prior to final map approval. 10) The landscape plan shall include special treatment for 11) All parking lot trees shall be a minimum of 15 gallons 12) All landscaped areas shall be maintained in a healthy slopes above the proposed crib walls adjacent to Alga size. thriving condition, free from weeds, trash, and debris 13) Any signs proposed for this development shall be desig conformance with the City's Sign Ordinance and shall r review and approval of the Land Use Planning Manager pi to installation of such signs. 14) Trash receptacle areas shall be enclosed by a six-foot masonry wall with gates pursuant to City standards. LC tion of said receptacles shall be approved by the Land Planning Manager. architecturally integrated and shielded from view and sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to thc satisfaction of the Land Use Planning Manager and Built and Planning Director . 15) All roof appurtenances, including air conditioners, shi 4. ll 1 2 3 4 5 6 7 a 9 10 11 D 12 2 .E 3 $l 3 13 E5 Q) duuQ: no 3z 14 z sa ~ZZE 15 u:, ?a $$2$ &n 16 17 z[1 (I: 18 19 20 21 22 23 24 25 26 27 28 04 wo >i- a a9 > k 0 0 0 16) The project shall provide bus stop facilities at locati subject to the satisfaction of the North County Transit trict. Said facilities shall at a minimum include a be free from advertising, and a pole for the bus stop sigr The bench and pole shall be designed in a manner so as not detract from the basic architectural theme of the project and said design shall be subject to the approvz the Land Use Planning Manager and North County Transit District. All guest parking spaces shall be clearly marked with 1 signs . southeasterly corner of the project and the proposed ci wall shall be 20 feet. 17) 18) The minimum distance between the building located in tl Engineering Conditions: 19) The developer shall obtain a grading permit prior to tl commencement of any clearing or grading of the site. 20) The grading for this project is defined as "controlled grading" by Section 11.06.170(a) of the Carlsbad Munic Code. Grading shall be performed under the observatioi a civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compl of the work with the approved grading plan, submit req reports to the City Engineer and verify compliance wit Chapter 11.06 of the Carlsbad Municipal Code. 21) Upon completion of grading, the developer shall insure an "as-graded" geologic plan shall be submitted to the Engineer. The plan shall clearly show all the geology exposed by the grading operation, all geologic correct measures as actually constructed and must be based on tour map which represents both the pre and post site g ing. This plan shall be signed by both the soils engi and the engineering geologist. The plan shall be prep on a mylar or similar drafting film and shall become a manent record . 22) No grading shall occur outside the limits of the subdi unless a letter of permission is obtained from the own the affected properties. 23) The developer shall submit soils and geologic reports, engineering drawings and calculations and other substantiating data in type, format and quantity to th satisfaction of the City Engineer that will substantia design of slopes, retaining walls, slope maintenance, drainage and associated facilities as proposed by the tentative map, accompanying exhibits and conclusions L by the data so complied. The developer shall pay for review performed by a Soils Engineer or Engineering Geologist chosen by the City Engineer to perform said 5. I -. 3. . < 1 2 3 4 5 6 7 8 9 10 11 n 12 a .a Y g N 13 55 Q) o'&wQ oa3Z 14 z 55 OCZF 15 mG -1 u:, 3a k>W" 2~86 16 gg:s zo v) a >a I- V 18 19 20 21 22 23 24 25 26 27 28 m q d 1'1 0 0 review. The developer shall pay for the review prior t perf0rl"lCe Of said review. The City Engineer shall ha final authority to accept or reject any or all conclusi reached in the reports. No permits of any type will be issued by the City unless the City Engineer concurs wit proposed methods to treat the slopes investigated. The final map for this project will not be approved unless soils information, facilities design and maintenance pr for slopes and retaining walls are approved by the Citj Engineer and are located as shown on the tentative map. 24) The developer shall place the following notes on the fj Geatechnical Caution! map: a) "Slopes steeper than two parts horizontal to one pi vertical exist within the boundaries of this subdivision." b) "Geotechnical investigations of this subdivision performed by Geocon Incorporated, a respresentativc the developer, state that, t' . . .No geologic hazards or significantly ad* soil conditions were encountered within the general project area which would preclude t construction of the La Costa Pointe Develop1 as presently proposed . " Signators to the report are James E. Likins RCE 17 Michael W. Hart CEG 706, and Wesley Spang (no registration indicated). c) "The owner of this property on behalf of itself an1 of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from a action that may arise through any geological failu and subsequent damange that may occur on, or adjac to, this subdivision due to its construction, oper or maintenance." 25) The developer shall execute a hold harmless agreement regarding any damage and/or claims that may arise thro any geological failure and subsequent damage that may on, -or adjacent to, this subdivision due to its constr operation or maintenance. existing slope within the project property boundaries adjacent to the street rights-of-way that will allow t construction of sidewalk and grading of the parkway to right-of-way line in accordance with standards for a n arterial street. 26) The developer shall construct a retaining wall on the 6. I -. * . t 1 2 3 4 5 6 7 8 9 10 11 0 12 2 .2 v, co E 13 sg o, O.~WQ: oo=z 14 2 Za ,is Sa +>WO z~8d 16 %E22 17 ze y > 5 k u 18 19 20 21 22 23 24 25 26 27 28 oc>9 mea? 15 >$ a 0 a 27) Additional drainaye easements and drainage structures s be provided or installed as may be required by the Cour Department of Sanitation and Flood Control or the city neer . During and after the construction phase of this project developer shall exercise special care to minimize soil erosion on the project site and to prevent any off-site siltation from the project. The developer shall submit and obtain the approval of, the City Engineer of a plar achieve this prior to issuance of any permits for this project . 29) Improvements including, but not limited to, the followj items shall be installed by the developer and approved the City Engineer prior to filing the final map. Alternately, the installation of said improvements shal guaranteed by a security agreement obtained by the dew in an amount and of a type required by the Carlsbad Municipal Code. To wit: a) Street Light b) Street Trees c) Sidewalks 28) 30) The developer shall install a wheelchair ramp at the pi street corner abutting the subdivision in conformance ' City of Carlsbad Standards prior to occupancy of any bi ings . 31) The developer shall comply with all the rules, regulat and design requirements of the respective sewer and wai agencies regarding services to the project. 32) The design of all private streets and drainage systems be approved by the City Engineer prior to approval of ' final map. The structural section of all private stref shall conform to City of Carlsbad Standards based on R. tests, All private streets and drainage systems shall inspected by the city, and the standard improvement pl< check and inspection fees shall be paid prior to appro' the final map. 33) All private streets and drainage systems shall be main by the homeowner's association in perpetuity. This re: sibility shall be clearly stated in the CC&R's. 34) All private driveways shall be kept clear of parked vel at all times, and shall have posted "No Parking/Fire L( Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 35) Approval of this tentative tract map shall expire twen four months from the date of City Council approval unlt final map is recorded. An extension may be requested 7. Le. . c 1 2 3 4 5 6 7 8 9 10 I1 12 2 9 8 13 n uz a2 ;;US 14 no’z 2 ZK ~CZE 15 0-I u:, 3a u0 $286 g$q 16 zg y >$ 12: l7 9 k 18 19 20 21 22 23 24 25 > 0 26 27 28 a 0 applicant. Said extension shall be approved or denied the discretion of the City Council. In approving an extension, the City Council may impose new conditions a may revise existing conditions. 36) All grading, off-site improvements, landscaping, retair walls, storm drain facilities and erosion and silation Certificates of Occupancy for structures of either lot this project. control facilities shall be completed prior to issuana Fire Department 37) Additional public and/or on site fire hydrants shall bt quired if deemed necessary by the Fire Marshall. 38) The applicant shall submit two (2) copies of a site plt showing locations of existing and proposed fire hydrani on site roads and drives subject to the approval of the Marshall. 39) An all weather access road shall be maintained throughc construction. 40) All required fire hydrants, water mains and appurtenanc shall be operational prior to combustible building matt being located on the project site. 41) All fire alarm systems, fire hydrants, extinguishing s! tems, automatic sprinklers, and other systems pertineni the project shall be submitted to the Fire Department approval prior to construction. 42) Building exceeding 10,000 sq.ft. aggregate floor area i be sprinklered or have four-hour fire walls with no opc therein which shall split the building into 10,000 sq. (or less) areas. PASSED, APPROVED AND ADOPTED at a regular meeting 1 the Carlsbad City Council, held on the 19th day of JUE 1984 by the following vote, to wit: AYES: NOES: ABSENT: None Council -rs Casler, Lewis and Chick Council Fbnbers Kulchin and Prescott v5d-1 MARY H. SLER, Mayor ATTEST: rk a.