HomeMy WebLinkAbout1980-08-19; City Council; Resolution 627219
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RESOLUTION NO. 6272
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 79-28) FOR A 40-UNIT CONDOMINIUM
PROJECT AND APPROVING CONDOMINIUM PERMIT
(CP-105) FOR SAID PROJECT ON FROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO mAL, NORTH OF SWALLOW LANE. APPLICATION: MOLA DEVELOPMENT.
WHEREAS, on July 9, 1980 the Carlsbad Planning Commission
adopted Resolution No. 1665 recommending to the City Council
that Tentative Subdivision Map (CT 79-28) and Condominium Permit
(CF-105) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
August 5, 1980, held a public hearing to consider the recommenda-
tions of the Planning Commission and to receive all recommenda-
tions and hear all persons interested in or opposed to Tentative
Subdivision Map (CT 79-28) and Condominium Permit (CP-105) ; and
WHEREAS, said Tentative Subdivision Map and Condominium
Permit have been declared to have a nonsignificant impact on the
environment and a Negative Declaration has been prepared and
filed in compliance with the requirements of the City of Carlsbad
Environmental Protection Ordinance of 1972;
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. 1665 constitute the findings of the City Council
in this matter.
C. That said Tentative Subdivision Map, together with
the provisions for its design and improvement and subject to
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the conditions of this resolution, is consistent with all
applicable general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 79-28) and Condominiur
Permit (CP-105) are hereby approved subject to all applicable
requirements of the Carlsbad Municipal Code and to the satisfactior
of the conditions contained in Planning Commission Resolution
No. 1665, dated July 9, 1980, 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 19th day
of August , 1980 by the following vote, to wit:
AYES:
NOES: None
Council Members Packard, Casler, Anear, Lewis and Kulchin
ATTEST :
(SEAL)
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EXHIBIT TO CITY COUNCIL
RESOLUTION NO. 6272
PI;ANNING COIWISSION RESOLUTION NO. 1665
A RESOLUTION OF THE PLANfJING COP4MISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ' APPROVAL FOR A 40 UNIT CONDOMINIUM PROJECT ON
PROPERTY GENERALLY LOCATED ON THE EAST' SIDE OF
EL CAMINO REAL, NORTII OF SWALLOW LANE.
APPLICANT: MOLA DEVELOPMENT
CASE NO: CT 79-28/CP-105
WHEREAS, a verified application for certain property to, wit:
A portion of the west half of the northeast quarter of
Section 26, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California
ias been filed with the City of Carlsbad, and referred to the
rlanning Commission; and
WHEREAS, said verified application constitutes a request as
3rovided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, OI! the 9th day of July,
L980, hold a duly noticed public hearing.as prescribed by law to
:onsi&r said request; and
WHEREAS, at said public hearing, upon hearing and considering
111 testimony and arguments, if any, of all persons desiring to
)e heard, said Conmission considered all factors relating to
:he Tentative Tract Map and Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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!omission as follows:
L) That the above recitations are true and correct.
1) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 79-28/CP-105, based
on the following findings and subject to the following conditions:
.- 'indinqs
) The project is consistent with the city's current general
plan since it is within the density range specified for the site as indicated.on the Land Use Element of the General Plan.
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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 and still meet all the requirements of the condominium ordinance.
The project is consistent with all city public facility
policies arid ordinances since: 3)
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4) The use
The applicant has received 40 edu's from the Leucadia County Water District.
The Planning Commission has, by inclusion of an appropriate condition to this condominium permit and tentative subdivision map, 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 condominium project unless the City Engineer determines
that sewer service is available. Since the final map cannot be approved unless 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 tentative
map and condominium permit approval.
School facilities will be provided by the Carisbad
Unified School District.
Park-in-lieu fees are required as a condition of approval
All necessary public improvements have been provided or will be required as conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities
fee.
fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan.
Performance of that contract and payment of the
proposed project is compatible with the surroundins land since the property to the south has been developed-for
multiple family residential purposes.
Zonditions
1) Approval is granted for CT 79-22/CP-'105, as shown on Exhibit(s
"A", dated June 25, 1380, and Exhibits "B", 'IC", "D", "E" , and "F", dated May 5, 1980, incorporated by reference and on file
in the Planning Department. stantially as shown unless otherwise noted in these conditions Development shall occur sub-
DC RES0 #1665 -2-
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This project is approved upon the express condition
that building permits will not be issued for developments
of the subject property unless the City Engineer determines that sewer facilitiescare available at the time of application for such sewer permits and will continue to .
be available until time of occupancy.
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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.
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, 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 Kay 8, 1980, is on file with the City Clerk and is 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.
The applicant shall prepare a reproducible mylar of the final condominium site plan incorporating the conditicns
contained herein. Said site plan shz.11 be submitted to and approved by the Planning Department prior to the issuance of building permi,x.
The applicant shall prepare a detailed landscape and
irrigation plan which shall be submitted to and approved
by the Planning Department prior to final map approval.
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 Planning Department prior to final map approval.
Prior to recording the final map, the applicant shall submit a letter from the Leucadi'a Water District stating that
sufficient water will be available for this project at the time development occurs.
The appli.cant shall install street trees to city spec- ifications at 40 foot intervals along all public street
frontages prior to final occupancy of any building.
The variety of said trees shall be subject to the
approval of the Parks and Recreation Department.
10) The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final map as per Chapter
20.44 of the city's subdivision regulations.
PC RES0 #1665 -3-
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The applicant shall. submit a street name list consistent
with the city's street naming policy subject to the -
Planning Director's approval prior to final map approval.
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.
Any signs proposed for this development shall be
designed in conformance with the City's Sign Ordinance and shall require review and approval by the Planning Department prior to installation of such signs.
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PC RESO 111665 ,
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and
debris.
Trash receptacle areas shall be enclosed by a 6 foot
high masonry wall with gates pursuant to city standards.
Location of said receptacles shall be approved by the Planning Department.
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 Planning Department
and Building Department.
The developer shall receive the approval of the City Engineer
for a site grading plan and obtain a grading permit prior to issuance of building permits.
The developer shall receive Engineer for a site grading
permit prior to issuance of
the approval of the City plan and obtain a grading
building permits.
Grading shall occur in accordance with an approved
grading and erosion control plan, city standards, and an approved soils and geologic investigation report which shall include slope stability calculations and
construction specifications. All exposed slopes shall be
hydromulched or otherwise stabilized prior to the issuance of building permits subject to the approval of the City
Engineer.
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Drainage improvements shall be constructed in accordance
with an approved plan, and the work shall be coordinated with the overall plan for grading to the satisfaction of the City Engineer.
All units shall be provided with at least 480 cubic
feet of enclosed storage area conveniently accessible to the outdoors.
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All units shall provide space for laundry facilities to
accommodate a washer and dryer.
The two barbecue facilities shown on Exhibit "A" within
the San Diego Gas and Electric easement shall be relocated to an area adjacent to the swimming pool facilities.
Building #2 shall be relocated to the west so it is at least 15' from the nearest open'parking space.
Approval of this project CT 79-28/CP-105 does not
constitute approval of the future improvements shown on Exhibit A.
separate tentative map and condominium permit for the
construction of these units.
The proposed future driveway and parking spaces along
the southerr_ edge of the project as shown on Exhibit
"A" are specifically not approved as part of this project.
The applicant shall institute a detailed archaelogical investigation, inventory and resource recovery program
covering the subject property prior to the issuance of grading permits, as suggested by the letter of February 23, 1980, from Jay Hatley of Regional
Environmental Consultants. Said program shall be
performed by a qualified archaeologist and a report detailing the proposed program and findings shall be submitted to and approved by the Planning Director prior
to issuaiice of any grading permits.
An all weather access road shall be maintained throughout
construction, as required by the Fire Marshall.
The applicant will be required to file a
Water for fire protection to be in before combustibles
are on building site as required by Fire Marshall.
In order to provide for fire protection, adequate fire
hydrants with required fire flow shall be installed on and off site as required by the Fire Marshall.
All private driveways shall be kept clear of .parked vehicles at all times, and shall have posted "No
Parking/Fire Lane/Tow Away Zone" as per condition in Municipal Code.
PC RES0 H1665 -5-
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32) Fire retardant roof'shall be requested on all structures
33) Brush clearance shall be maintained within a minimum
by Building and Fire Department.
distance of 30 feet t6 each residence.
Zrading
A report of a geotechnical investigation and a grading plan
of the site shall be submitted by the applicant to the City Engineer for approval prior to the issuance of a grading
permit. The report shall be prepared by a civil engineer and a geologist licensed by the State of California and
experienced in erosion control and slope stability. Recommendations made in the report shall be included on the grading plans.
The grading for this project shall be designated as controlled grading.
grading and coordinate the testing. conditions are observed to be different than expected,
they shall recommend appropriate remedial measures or changes to the plans.
an "as-graded'' plan showing the grading as performed and the
existing geologic conditions and'they shall certify the
adequacy of the site for development prior to the issuance of building permits.
All cut and fill slopes sh2ll be no steeper than 2 horizontal
to 1 vertical unless a report of a geotechnical investigation
prepared by a civil engineer demonstrates that the slope
stability and erosion resistance of a steeper slope are adequate and it is approved by the City Engineer. are permitted within public street right-of-way.
A civil engineer and geologist shall observe the If soil or geologic
At the conclusion of grading they shall prepare
No slopes
37). To mitigate erosion, all exposed slopes shall be hydroseeded
or planted immediately upon completion of grading activities. The seed mix shall be designed by an expert in the field
based on a soil analysis of the slopes per approval of the
Parks and Recreation Director.
38)
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40)
No grading may be performed during the period of October 1 to April 15, unless an erosion control plan including desilting basins, etc., is submitted as part of the grading
plan and is approved by the City Engineer.
Clearing operations shall not be allowed in advance of gradin5
but rather shall be concurrent with an immediately proceeding grading activities. to commencement of clearing operations.
limited to the minimum area necessary to perfgrm grading operations.
A grading permit must be obtained prior Clearing shall be
No grading shall occur outside the limits of the subdivision.
unless a letter of permission is obtaincd from the owncrs of the affected properties.
PC RES0 #1665 -6-
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Irivatc Streets and Drainage
'The design of the private street and drainage shall be approve(
by the City Engineer. of 32 feet and shall have a 5 foot wide sidewalk on the south side. The north side shall be posted no parking. The design shall include street lights, curb and gutter storm drain
facilities or other features as required by the City Engineer. The structural section of the private street shall conform to
the City of Carlsbad standards based on R-value tests.
.The street shall have a minimum width
All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. excludes all drainage easements granted to the City of
Carlsbad. This condition shall be placed in the CCStR's.
This condition
Additional'drainage easements and structures shall be provided or installed as may be required by the County
Department of Sanitation and Flood Control and/or the
City Engineer.
All concrete terrace drains shall be maintained by the homeowner's association or individual property owner in
perpetuity. sibility shall be placed in the CC6R's. A statement clearly identifying this respon-
Prior to recordation of the final map the applicant shall
submit to the city written verification from the Costa
Raal Water District that all the requirements and ponditions of the Costa Real Water District have been met.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 9th day of July, 1980, by the following vote, to wit:
AYES: Schick, Larson, Friestedt, Marcus, Leeds, Rombotis,
and Jose
wx, 1 ABSTAIN: None
ATTEST: CARLSBAD PLANNING COM&ISSION
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YRLSBAD PLAN'NI~ COMMISSION
PC RES0 1t1665
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