HomeMy WebLinkAbout1985-09-03; City Council; 8298-1; REQUEST FOR 136 UNIT TENTATIVE MAP AND CONDOMINIUM PERMIT. CT 85-7 | CP-312 - LA COSTA ALTAv . ’* L.
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b; J# CI@ OF CARLSBAD - AGEN~ BILL II
AB# 8298-#1 Tm REQUEST FOR 136 UNIT TENTATIVE PlAP DEF
CIT
MTG. 9/3/85 AND CONDOMINIUM PERMIT. cir CA CT 85-7/CP-312 - LA COSTA ALTA DEPT.
RECOMMENDED ACTION:
If the City Council wishes to approve CT 85-7/CP-312 your
action is to adopt Resolution No. 8) 7 / .
ITEM EXPLANATION
The City Council at your meeting of August 20, 1985 directed
our office to prepare a resolution approving CT 85-7/CP-312,
The resolution we have prepared carries forward the conditic
of approval as recommended by the Planning Commission as
modified by the City Engineer’s memoradum of August 15, 1985
and the Council‘s directions at your meeting of August 20, 1
EXHIBIT
Resolution No. 8/71
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RESOLUTION NO. 8171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP (CT 85-7) AND CONDOMINIUM PERMIT (CP-312) FOR A 136 UNIT SUBDIVISION ON APPROXIMATELY 9.95 ACRES OF PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF EL FUERTE STREET AND ALGA
ROAD IN THE RDM-Q ZONE. APPLICANT: LA COSTA ALTA
CASE NO: CT 85-7/CP-312
WHEREAS, on July 10, 1985 the Carlsbad Planning
Commission adopted Resolution No. 2460 recommending to th
Council that Tentative Tract Map (CT 85-7) and Condominiu
(CP-3 12 ) be approved : and
WHEREAS, the City Council of the City of Carlsb
August 20, 1985 held public hearings to consider the
recommendations and heard all persons interested in or OF ' Tentative Tract Map (CT 85-7) and Condominium Permit (CP-
and
WHEREAS, said Tentative Tract Map and Condominic
have been declared to have a nonsignificant impact on the
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environment and a Negative Declaration dated June 21, 19E
prepared, approved and filed by the Planning Commission c
10, 1985 in compliance with the requirements of the City
Carlsbad Environmental Protection Ordinance of 1980 and t
California Environmental Quality Act:
NOW, THEREFORE, BE IT RESOLVED by the City Counc
the City of Carlsbad, California as follows:
A. That the above recitations are true and cor]
B. That the findings of the Planning Commissioi
Resolution No. 2460 constitute the findings of the City '
in this matter.
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C. That said Tentative Tract Map, together with
provisions for its design and improvement and subject to
conditions of this resolution, is consistent with all app
general and specific plans of the City of Carlsbad.
D. That Tentative Tract Map CT 85-7 and Condomi
Permit CP-312 are hereby approved subject to all applicab
requirements of the Carlsbad Municipal Code and to the
satisfaction of the conditions contained in Planning Comm
Resolution No. 2460, dated July 10, 1985 marked Exhibit F
attached hereto and made a part hereof except the followi
additional conditions numbered 64, 65, 66, and 67:
"64. The applicant shall agree to utilize recla
water pursuant to the agreement between Daon Corporation San Marcos County Water District dated June 1 , 1985 which Exhibit "2" to the Termination Agreement between Rancho L
1, 1985."
Costa, Inc. and the San Marcos County Water District date
"65. Reclaimed water use and water transmissior distribution facilities shall be designed and constructed applicant's sole expense pursuant to the requirements of Marcos County Water District."
il "66. The reclaimed water irrigation system shal
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San Marcos County Water District and the City of Carlsbad a contractual agreement with the Homeowner's Association to give the district total assurance that they would alwi
the ability to discharge the effluent."
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"67. Irrigation systems to accommodate future 1 water shall be designed consistent with Title 17 of the California State Administrative Code. Offsite future re< water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing poir
minimize street excavation."
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PASSED, APPROVED, AND ADOPTED at a regular meeti
the City Council of the City of Carlsbad, California on t
3rd day of Se-r , 1985 by the following vote, to
AYES;
NOES:
Council =rs Casler, Kulchin, and Chick
Council Mrs Lewis and Pettine
ABSENT: m~
c% +!4&&-
MARY H. CASLER, Mayor
ATTEST:
l2LxLA@! ALETHA L. RAUTENKRANZ, City C2erk
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PLANNING COMMISSION RESOLUTION NO. 2460
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE SUBDIVISION MAP AND
CONDOMINIUM PERMIT TO DEVELOP 136 UNITS ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF EL FUERTE STREET AND ALGA ROAD IN THE
RDM-Q ZONE.
APPLICANT: LA COSTA ALTA
CASE NO: CT 85-7/CP-312
WHEREAS, a verified application for certain prop
Lot 1 of Carlsbad Tract No. 79-25(B), Phase VI C
Carlsbad, San Diego County according to map 1082 January 13, 1984
has been filed with the City of Carlsbad, and referred to
Planning Commission; and
wit:
WHEREAS, said verified application constitutes a
I as provided by Title 21 of the Carlsbad Municipal Code; a
WHEREAS, the Planning Commission did, on the 10t
July, 1985, hold a duly noticed public hearing as prescri
to consider said request; and
WHEREAS, at said public hearing, upon hearing an
considering all testimony and arguments, if any, of all F
'desiring to be heard, said Commission considered all fact I relating to the Tentative Tract Nap and Condominium Permi
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
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Commission as follows:
(A) That the foregoing recitations are true and correct.
(8) That based on the evidence presented at the public I-
the Commission recommends APPROVAL of CT 85-7/CP-312 the following findings and subject to the following
conditions:
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EXHIBIT
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Findings:
I) The project is consistent with the City's general plc the proposed density of 13.7 du's/acre is within the
range of 10-20 du's/acre specified for the site as it-
on the land use element of the general plan.
2) The site is physically suitable for the type and den: the development since the site is adequate in size ar
to accornmodate residential development at the densitl
posed.
3) The project is consistent with all City public facil
icies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured t
€inal map will not be approved unless the City C
finds that sewer service is available to serve t
project. In addition, the Planning Commission h condition that a note shall be placed on the fin
that building permits may not be issued for the unless the City Engineer determines that sewer s
available, and building cannot occur within the
unless sewer service remains available, and the
Commission is satisfied that the requirements of
public facilities element of the general plan ha I I
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I ,net insofar as they apply to sewer service for t
project .
b) School fees will be paid to ensure the availabil
school facilities in the San Marcos school distr
c) Park-in-lieu fees are required as a condition o!
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proval.
d) All necessary public improvements have been pray
will be required as conditions of approval.
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e) The applicant has agreed and is required by the
of an appropriate condition to pay a public fac
fee. Performance of that contract and payment <
will enable this body to find that public facil
be available concurrent vJith need as required '0.
general plan.
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f) Assurances have been given that adequate sewer project will be provided by the City of Carlsba
The proposed project is consistent with the City's Development Ordinance and also complies with the De
Guidelines Manual.
The proposed project is compatible with the surrour land uses since surrounding properties are designat
residential development on the general plan.
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6) This project will not cause any significant environmenf impacts and a Negative Declaration has been issued by
Use Planning Manager on June 21, 1985 and approved by i
Planning Commission on July 10, 1985.
Conditions:
1) Approval is granted for CT 85-7/CP-312, as shown on Ex , dated July 1, 1955, incorporated by referen
on file in the Land Use Planning Office. Development
occur substantially as shown unless otherwise noted in
conditions.
2) This project is approved upon the express condition tk final map shall not be approved unless the City Councj
as of the time of such approval that sewer service is available to serve the subdivision.
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3) This project is approved upon the express condition tl
building permits will not be issued for development o
subject property unless the City Engineer determines
sewer facilities are available at the time of applica such sewer permits and will continue to be available time of occupancy. This note shall be placed on the map.
4) This project is approved upon the express condition t
applicant shall pay a public facilities fee as requii
City Council Policy No. 17, dated April 2, 1982, on :
the City Clerk and incorporated herein by reference,
according to the agreement executed by the applicant
payment of said fee, a copy of that agreement, dated 8, 1985, is on file with the City Clerk and incorpor
herein by reference. If said fee is not paid as pro
this application will not be consistent with the Gen
and approval for this project shall be void, I
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1 5) The applicant shall pay park-in-lieu fees to the Cit
to the approval of the final map as required by ChaF of the Carlsbad Municipal Code.
6) The applicant shall provide school fees to mitigate
of overcrowding as part of building permit applicati fees shall be based on the fee schedule in effect ai of building permit application.
Approval of this request shall not excuse compliancc
sections of the Zoning Ordinance and all other appl
ordinances in effect at time of building permit iss
Water shall be provided by the San Marcos Municipal
District.
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PC RES0 NO. 2460 -3-
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9) The applicant shall prepare a reproducible mylar of site plan incorporating the conditions contained he]
site plan shall be submitted to and approved by the Planning Manager prior to the issuance of building J
10) The applicant shall establish a homeowner's associat
corresponding covenants, conditions and restrictions
CC&R's shall be submitted to and approved by the Lar
Planning :qanager prior to final map approval.
The CC&R's described in condition 10 shall contain a
prohibiting recreational vehicles, boats and similar from being stored or parked onsite.
11)
12) The applicant shall prepare a detailed landscape and tion plan which shall be submitted to and approved 'c
Use Planning Manager prior to the issuance of buildi
permits.
13) A 500' scale map of the subdivision shall be submitt
Land Use Planning Manager prior to the recordation o final map. Said map shall show all lots and streets and adjacent to the project.
,141 All parking lot trees shall be a minimum of 15 gallo
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size.
15) All landscaped areas shall be maintained in a health thriving condition, free from weeds, trash, and debr
116) Any signs proposed for this development shall be des
conformance with the City's Sign Ordinance and shall
review and approval of the Land Use Planning Manager installation of such signs. 1 I 1 I
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to Building Department Policy No. 80-6, to the satisl
the Land Use Planning Manager and Building and Plann: I Director.
119) The applicant shall submit a street name list consisi the City's street name policy subject to the Land Usc
Manager's approval prior to final map approval.
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2c) The ixoject shall Frovide bus stop facilities at locati subject to the adt,~:; Esction of the North County Transit
trict. Said facilities shall at. a inhimum include a be
free from advertising, and a pole for the bus stop sigr
bench and pole shall be designed in a manner so as to 1 detract froili tne basic architectural theme of the projt
said design shall be siil,jeclt-. %o the approval of the La1
Planning Manager and North County Transit District.
21) The developer shall display a current Zoning and Land 1
;-(I the sales office at all times, and/or suitable alte
to the satisfaction of the Land Use Planning Zvlanager.
22) All sales maps that are distributed or made available public shall include but not be limited to trails, fut
existing schools, parks, and streets.
23) Building identification and/or addresses shall be plac all new and existing buildiqs 8~ as to be plainly vis from the street or access road; color of identificatio addresses shall contrast to their background color.
24) Prior to occupancy of any units, the applicant shall c a directory si-2:~ 4;: the entrance to the project. The
Of this sign shall be approved by the Land Use Plannir
Manager.
25) If any condition for construction of any public impro7 or facilities, or the payment of ariy fees in lieu the1 imposed by this approval or imposed by law on this prc challenged, this approval shall be suspended as provic Government Code Section 65'31-3.5. If any such conditi determined to be invalid this approval shall be inval
the City Council determines that the project without condition complies with all requirements of law.
Slopes at the northeastern corner shall be heavily la featuring 24 inch box trees to the satisfaction of th
Use Planning Manager. Grading shall 'ne designed to i
undulated contours at Lhis corner.
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Engineering Conditions :
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The developer shall obtain a grading permit prior to
comnencement of any clearing or grading of the site.
28) The grading for this project is defined as "controllc
ing" by Section 11.06.170(a) of the Carlsbad I4unicip
Grading shall be performed under the observation of i
engineer whose responsibility it shall be to coordim
inspection and testing to ensure coinpliance of the w
the approved grading plan, submit required reports t Engineer and verify compliance with Chapter 11.06 of
Carlsbad Municipal Code.
PC RES0 NO. 2460 -5-
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"as-graded" geologic plan shall be submitted to the Engineer. The plan shall clearly show all the geolc exposed by the grading operation, all geologic corrt
measures as actually constructed and must be based (
tour map which represents both the pre and post site
This plan shall be signed by both the soils engineer
engineering geologist. The plan shall be prepared c
or similar drafting film and shall become a perrnaner
30) No grading shall occur outside the limits of the SUI unless a letter of permission is obtained from the c
tne affected properties.
Prior to issuance of any grading permit for this prc
detailed landscape and irrigation plan shall be subri
arid approved by the Parks and Recreation Department
Land Use Planning Office.
! ,29) Upon completion of grading, the developer shall ens[ 1
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132) A separate grading plan shall be submitted and apprc
separate grading permit issued for the borrow or dis I if located within the city limits.
I331 All slopes within this project shall be no steeper't ,I
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slope erosion control measures and other methods req
approved by the City Engineer. The developer shall
the temporary basins and erosion control measures fo
of time satisfactory to the City Engineer and shall
their maintenance and satisfactory performance throu
deposit and bonding in amounts and types suitable to
E ng ineer .
Additional drainage easements and drainage structure
provided or installed as may be required by the Coun
De artrnent of Sanitation and Flood Control or the Ci
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1 negr.
/PC RES0 NO, 2460 -6-
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d) 0
37) The drainage system shall connect to the existing stor system in Alga Road. This project shall not drain via runoff adjacent to public right-of-way.
38) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjac
property prior to approval of the final map for this ,D
39) The emergency access along Alga Road shall be redesign
provide at least 10 feet of perpendicular stacking are behind the sidewalk on Alga Road prior to intersection
Alley "E" and Alley "B".
40) The Alga Road access ment.ioned above shall be a minimu
41) Plans, specifications, and supporting documents for a1 improvements shall be prepared to the satisfaction of
Engineer. Prior to approval of the final map, the Sut shall install, or agree to install and secure with apF security as provided by law, improvements shown on the
tentative map and the following improvements to City 5 to the satisfaction of the City Engineer:
Improvements listed in this section shall be installed agreed to be installed by secured agreement by the de\
before the issuance of any bui1din.j permit. The devel
shall obtain approval of the plans from the City Engir
pay all associated fees and perforrJance guarantees prj
issuance of any building permit. The developer shall
said improvements to the satisfaction of the City Eng:
of any portion of the project for any purpose. The improvements are:
a) El Fuerte Street - one-half width along this projc
feet wide, excluding curbs, and transitions.
prior to issuance of a Certificate of Occupancy or oc(
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frontage (including offsite
transitions)
frontage (including offsite transitions)
The complete internal circulation, drainage, and 1
system for this project.
All in accordance with current design standards o
City of Carlsbad.
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b) Alga Road - one-half width along this projf
2) The design of all private streets and drainage system
be approved by the City Engineer prior to approval of
final map for this project. The structural section o
based on R-value tests. All private streets and drai
systems shall be inspected by the city, and the stand improvement plan check and inspection fees shall be p to approval of the final map for this project.
private streets shall conform to City of Carlsbad Sta
PC RES0 NO. 2460 -7 -
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by the homeowner's association in perpetuity. This r
sibility shall be clearly stated in the CC&R's.
44) The developer shall construct private street accesses
public streets in such a way as to clearly designate
private streets are not a portion of the public stree
The developer shall place a plaque-type sign with the
"PRIVATE STREET BEYOND THIS POINT, right to pass rev0
non-tsnants at anytime" at the access point to privat 6
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streets from public streets. The script on the sign above shall be capital letters of a size and contrast
to be readable for a normally sighted person at a dis
20 feet. The provisions of this condition shall be rr
satisfaction of the City Engineer prior to issuance c Certificate of Occupancy for any portion of this pro]
45) Unless a standard variance has Seen issued, no varian
City Standards are authorized by virtue of approval o tentative map.
46) Th4 developer shall comply with all the rules, regula
design requirements of the respective sewer and water
regarding services to the project.
1\47) All concrete terrace drains shall be maintained by th
homeowner's association (if on commonly owned propert
individual property owner (if on aji individually owne
responsibility shall be placed in the CC&R's.
The main access (private street) to serve this projec
Se kept clear of parked vehicles at all times, and sh
posted "No Parking/Fire Lane Tow Away Zone" pursuant
An appropriately worded statement ::Lear ly identifying
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interest to permit the improvements to be made withou
aquistion of title or interest. The subdivider shall
to Section 20.16.095 of the Carlsbad Elunicipal Code.
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50) All plans, specifications, and supporting documents f
improvements of this project shall be signed and seal
Engineer in responsible charge of the work. Each she
signed and sealed on their first page. Additionally sheet of each set of plans shall have the following
certificate:
be signed and sealed, except that bound documents rnay
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PC RES0 NO. 2460 I
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"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for thi project, that I have exercised responsible charge over
design of the project as defined in Section 6703 of the . Business and Professions Code, and that the design is consistent with current standards a
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to i only and does not relieve me, as Engineer of Work, of r
responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY Date:
(Name of Engineer)
R.C.E. NO. # --
51) The developer shall provide the City with a reproducil
copy of the tentative map as approved by the Planning
Commission. The tentative map shall reflect the condj
approval by the City. The map shall be submitted to 1
Engineer prior to improvement plan submittal and shall
x 36" in size and of a quality and material satisfactc
the City Engineer. 1
19,j52) Prior to recordation of any final map for this develor
I this project, the owner shall give written consent to
annexation of the area shown within the boundaries of
Tentative Map into the existing City of Carlsbad Stre
Lighting and Landscaping District No. 1.
Approval of this tentative tract map shall expire twe
months from the date of City Council approval unless map is recorded. An extension may be requested by th
applicant. Said extension shall be approved or denie
discretion of the City Council. In approving an exte the City Council may impose new conditions and may re existing conditions.
54) Developer shall, prior to final map approval, enter j agreement with the City for the developer to pay a tr impact fee for the developer's share of mitigating ar
future traffic problems at and near the intersection
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Camino Real and Olivenhain Road, and at or near the
intersection of El Carnino Real and La Costa Avenue.
interim fees to be collected, at the time of buildinc
issuance, shall not exceed $250 per single-family hot.
unit, nor $200 per multiple-family housing unit. The
of such fees shall be determined by the City Council,
an area traffic impact study to be undertaken by the concluded within six months after approval of applice
tentative tract map.
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Fire Conditions:
55) Additional public and/or onsite fire hydrants shall I: provided if deemed necessary by the Fire Marshal.
56) The applicant shall submit two (2) copies of a site I
showing locations of existing and proposed fire hydre
onsite roads and drives to the Fire Marshal for apprc
57) An all weather access road shall be maintained throuc construction.
58) All required fire hydrants, water mains and appurtenz
shall be operational prior to combustible building rx ! being located on the project site. I
159) Proposed emergency access road shall be provided wit?
key operated override switch, as specified by the Fii
p a r t me n t .
Brush clearance shall be maintained according to the
specifications contained in the City of Carlsbad Lanc
Guidelines Manual.
All fire alarin systems, fire hydrants, extinguishing ’8!\61)
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the opposite side of the alley shall be designated a;
land and posted per Section 1704.040 C.M.C.
Parks and Recreation Department:
63) Street tree theme along Alga Road shall conform to L(
Guidelines Manual.
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PASSED, APPROVED AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, I-
the 10th day of July, 1985, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: Ma Smith, Rombotis and Hall.
NOES : Commissioner McFadden.
ABSENT : None.
ABSTAIN: Commissioner L'Heureux.
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' * <.<L >;-Le
CLARENCE SCHLEHUBER, Chai
CARLSBAD PLANNING COMMISS
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ATTEST: