HomeMy WebLinkAbout1981-03-03; City Council; Resolution 64511
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RESOLUTION NO. 6451
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ClARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
FLEEVISED TENTATIVE SUBDIVISION MAP (CT 79-7 (A)) FOR A 39-UNIT CONDOMINIUM PROJECT AND APPROVING FZVISED CONDOMINIUM PERMIT (CP-10 (A) ) FOR SAID E'ROJECT ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF SANTA ISABEL STREET AND EL FUERTE STREET. APPLICANT: HESCON.
WHEREAS, on January 28, 1981, the Carlsbad Planning
Commission adopted Resolution No. 1758 recommending to the
City Councll that revised Tentative Subdivision Map (CT 79-7 (A) )
and revised Condominium Permit (CP-10 (A) ) be conditionally '
approved ; and
WHEREAS, the City Council of the City of Carlsbad, on
February 1'7, 1981, held a public hearing to consider the
recommendations of the Planning Commission and to receive all
recommendations and hear all persons interested in or opposed
to revised Tentative Subdivision Map (CT 79-7(A)) and revised
Condominium Permit (CP-10 (A) ) ; and
WHEREAS, said revised Tentative Subdivision Map and revised
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 1980;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Ca.rlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission in
Resolution No. 1758 constitute the findings of the City Council
in this matter.
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3. That said revised Tentative Subdivision 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.
4. That revised Tentative Subdivision Map (CT 79-7 (A) ) and
revised Condominium Permit (CP-10 (A) ) are hereby approved subject
to all appl-icable requirements of the Carlsbad Municipal Code
and to the satisfaction of the conditions contained in Planning
Commission Resolution No. 1758, dated January 28, 1981, marked
Exhibit A, attached hereto and made a part hereof.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Counci.1 of the City of Carlsbad, California, on the 3rd
day of March , 1981 by the following vote, to wit:
AYES : Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
J RONALD C. PACKARD, Mayor
ATTEST :
w- a4J?u ALETHA L. RAUTENKRANZ, City Clerk
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conditions :
. ,' Fhdinqs:
1) The project is consistent witti the city's currcnt General Plan
since'the proposed density of 14.3 du/nc is within the
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e 0 EXHIBIT A TO CITY COUNCIL , . RESOLUTION NO. 6451
PLANNING COMMISSION RESOLUTION NO. 1758 '
A RESOLUTION OF THE.PLANNIEG COMMISSION OF THE
CITY OF CARLSBAD , CALIFORNIA , RECOMMENDING
IU?PROVAL OF AN AMENDMENT TO A TENTATIVE SUB-
IIIVISION MAP AND CONDOMINIUM PERMIT ON PROPERT
(;ENERaLLY LOCATED ON TIIF: SOUTHWEST CORNER OF
!;ANTA ISABEL STREET AND EL FUERTE STREET.
'Y
APPLICANT: HESCON
CASE NO: CT 79-7 (A) /CP-lO (A)
WISEREAS, a verified application for certain property to, wit:
Lots 402 through 406 inclusive of La Costa Meadows Unit No. 2, in the City of Carlsbad, according to map
thereof No, 6905 filed in the Office of the County Recorder, Apil 21, 1971
Lanning Commission; and
WHEREAS, said verified application constitutes a request as
rovided b17 Title '21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 28th day of
anuary,'l!381, hold a duly noticed public hearing as prescribed by
aw to coixider said request; and
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WHERERSI at said public hearing, upon hearing and considering
111 testimony and arguments, if any, of all persons desiring to
)e heard, said Commission considered all factors relating to the
Centative Tract Map and Condominium Permit.
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.. NOW THEREFORE , BE IT HEREBY .P?SOLVED by the Planning
2onimission as follows :
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 80-7 (A) /CP-lO (A) ,
'based on the following findings and subject to the followhg
a , ..
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10-20 Ilu/ac dens ty range es ablished for this property in the Land Use Element of the General Plan. Also, as
conditioned, -the project is consistent with all other elements of the General Plan.
The site is physicasly suitable for the type and density of
development since the site is adequate in size and topography
to accommodate residential development at the proposed density
and still meet all. of the city's condominium and subdivision
regulations without creating any significant environmental impacts.
The project j-s consistent with all city public facility policies and ordinances since:
a) The Leucadia County Water District has allocated .sufficient sewer connections for the project.
The applicant has agreed and is required by the inc1usi.01-
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
w.il1 be available concurrent with need as required by thc
general plan,
School, fees to mitigate conditlions of overcrowding are
required at the time of buil.din6 permits pursuant to
Chapter 21.55 of the Carlsbad Municipal Code.
b)
c)
d) The Planning Comiission hasI by inclusion of an ipprop- riake 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 be
.placed on the final. map that huild'ing permits may not be *issued for the cdndominiuxn project unless the City
Engine& 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,
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 condominium permit and tentative map approval,
the
.
The proposed condominium project meets the criteria of
Chapter 21.47 (Condominiums) since:
ai The condominiums meet the design criteria of Chapter 21.47.110 since the overall plan is comprehensive,
embracing land, building, landscaping and their
relationships, the driveway is not a dominant feature,' and sufficient circulation and on-site amenities arc
provided.
RES0 81758 -2-
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b) Storage space, laundry facilities, open recreation areas, parking facilities, separate utilities and requirements
of Section'21.47.130 have been met or will be conditions af approval.
The design of the subdivision and type of improvements will not con.flict with easements for public use of public access
through the subject property.
The project will not cause any significant enviromental impacts and a neqative declaration has been issued by the
Planning Director on December 31, 1980, and approved by the Planning Commission on January 28, 1981.
;enera1 - Conditions
Approval is granted for CT 79-7 (A)/CP-1O(A) , as shown
on Exhibit(s) A, B, C, D, E, F, G, H, I, J, and K, dated
November 4, 1980, incorporated by reference and on file
in the Planning Department. substantially as shown unless otherwise noted in these
conditions.
Development shall occur
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 ssrve the subdivision.
This project is approved upm 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 appl-ication for
such sewer permits and will continue to be available until time of occupancy.
This project is approved upon the express condition thczt the applicant shall pay a public facilities fee as required by
City Council Policy No. 17, dated August 29, 1973, 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 October 20, 1980, is on file with the City Clerk and incorporated 1ierej.n by reference. If said fee is not paid as promised, this application will
not be consistent with the.Genera1 Plan and approval for t:his project shall be void.
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.
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This note shall be placed on the final map
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6) The applicant shall provide school' fees to mitigate conditions of svercrowdhg as part of building permit application.
These.fccs shall be based on the fee schedule in effect at
, the time of building permit application.
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7) 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.
Planning Department
Any wall proposed in the front setback area along Santa
Isabel Street shall not exceed 42" in height.
The applicant shall prepare a reproducible mylar of the
final condominium site plan incorporating the conditions
contained herein. Said site plan shall be submitted to and
approved by the Planning Director prior to the issuance of
building permits.
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.
The applicant shall prepare a detailed landscape and
irrigation plan which shall be submitted to and approved by the Planning Director prior to issuance of building permits
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in conformance with the city's Sign Ordinance and shall require review and approval Df the Planning Department prior
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
D i r e c tor
to installation of such signs. e? ..
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Engineering Conditions
15) All planter areas shall have curb returns with a minimum radius acceptable to the City Engineer.
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a
civi1.engineer whose responsibility it. shall be to coordinate
site inspection and testing to insure compliance of the work -with the approved grading plan, submit required reports to
the City Engineer and verify compliance with Chapter 11.06
of the ICarlsbnd Mciiicipal Code.
16)
17) The grading for this project is defined as "controlled
PC RES0 f175'8 -4 -
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No grading shail occur outside the limits of the subdivision
unless a letter of permission is obtained .from the owners of the affected properties.
The developer shall install street lights along all public
and private street frontages in conformance with City of
Car1sba.d standards.
The developer shall install street trees at the equivalent
of 40 foot intervals along all public street frontages in
conformance with City of Carlsbad standards. shall be of a variety selected from the approved street tree list.
The trees -
The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water agencies regarding services to the pro'ject.
The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with
City SJ~ Carlsbad standards prior to occupancy of any buildings
The pr:ivate .driveways shall have a minimum width of 24 feet.
The typical section shall conform to city standard drawing
GS-7.
based c3n R-value tests.
A catch basis shall be placed on the west side of the driveway
exiting on Sarita Isabel Street and a curb outlet shail be provided.
side to direct the drainage flow to the catch basin.
The structural section shallbconform to city standards
i
Curb and gutter shall be pqovided along the west
The driveway exits to the public streets shall be 24 feet
wide a:nd shall conform to standard drawing G-14.
Parlcinfg space number 8 shall be deleted.
1 shall be deleted and the driveway shall be provided with a minimum inside radius of 15 feet.
Parking space number
The proposed retained fill along the south side of the project shall be permitted only if a stability analysis by a soils
engineer is performed and the soils engineer certifys that
the design is stable.
report, no fill will be permitted unless the existing slope is regraded to no steeper than 2.1 and the proposed fill has no slopes steeper than 2:l.
In the absence of a soils engineer
Parks and Recreation Conditions
28) -No existing street trees shall be removed without permit from the Parks and Recreation Director.
No street tree shjll be planted within 5' of sidewalk or 10' 29)
of sewer line. *.
PC RES0 Hl9'58
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Fire _. Department Conditions
31)
Irrigation lines adjacent to sidewalk shall be installed a .minimum of 12" back from sidewalk edge.
All prfivate driveways shall be kept clear of parked vehicles at all times, and shall have posted "NO Parkiny/Fire Lane/
Tow Away Zone" as per condition in Municipal Code.
32) Fire retardant roof shall be required on all structures by
Buildiing and Fire Department.
33) Brush clearance shall be maintained within a minimum distance
of 30 feet to each residence. 7
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34) 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 issuance of building permits.'
showintg locations of existing and proposed 'fire hydrants and on-site roads and drives.
An all weather access road shall be maintained throughout
construction: .
Water for fire protection shall be iiiskalled prior to the
placement of combustibles on the building site.
PASSfiD, APPROVED AND ADOPTED at a regular-meeting of the
35) The applicant shall submit two (2) copies of a site plan
36)
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Planning Commission of the City of Carlsbad, California, held on
the 28th day of January, 1981, by the following vote, to wit:
\ AYES: MARCUS, ROMBOTIS, LARSON, LEEDS, JOSE, FRIFJSTEDT, L ' HE'UREUX
NOES: NONE
ABSENT: NONE
PRLSBAD PIANN ING COMMI ss ION /
28 11 PC RES0 #1758 *. -G-