HomeMy WebLinkAbout1981-07-07; City Council; Resolution 6598RESOLUTION NO. 6598
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
TENTATIVE SUBDIVISION MAP (CT 81-12) FOR A
69-UNIT CONDOMINIUM PROJECT AND APPROVING
CONDOMINIUM PERMIT (CP-159) FOR SAID PROJECT ON
PROPERTY GENERALLY LOCATED ON THE NORTHEAST
CORNER OF ALGA ROAD AND EL FUERTE STREET.
APPLICANT: THE ANDEN GROUP.
WHEREAS, on May 27, 1981 the Carlsbad Planning
Commission adopted Resolution No. 1811 recommending to the City
Council that Tentative Subdivision Map (CT 81-12) and
Condominium Permit (CP-159) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad did,
on June 16, 1981, hold a duly noticed public hearing to consider
the recommendations and to hear all persons interested in or
opposed to Tentative Subdivision Map (CT 81-12) and Condominium
Permit (CP-159); and
WHEREAS, an Environmental Impact Report was certified
as complete for a previously issued entitlement for this project
and the Planning Director has found the Tentative Subdivision
Map to be in prior compliance with the City of Carlsbad
Environmental Protection Ordinance of 1980;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
A. That the findings of the Planning Commission in
Resolution No. 1811 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 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 81-12) and
:ondominium Permit (CP-159) are hereby approved subject to all
ipplicable requirements of the Carlsbad Municipal Code and to
:he satisfaction of the conditions contained in Planning
:ommission Resolution No. 1811, dated May 27, 1981, marked
Zxhibit A, attached hereto and made a part hereof,
PASSED, APPROVED AND ADOPTED at a regular meeting of
:he City Council of the City of Carlsbad, California on the
7th day of JdY , 1981 by the following vote, to
#it:
4TTEST :
AYES: Council Members Packard, Casler, Anear, Lewis and Kddhin
NOES: me
ABSENT: None
RONALD C. PACKARD, Mayor
(SEAL)
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EXHIBIT A@ CITY COUNCIL
RESOLUTION NO. &cTf
(B) That based on the evidence presented at the public hearing, the
Commission APPROVAL of CT 81-12/CP-159, based on the following and subject to the following conditions: .
PLANNING COMMISSION RESOLUTION NO. 1811
Findings
1) The project is consistent with the city's General Plan since the proposed density of 7. 3 du/acre is within the density range of 4-10 du's/acre specified for the site as indicated on the
Land Use Element of the General Plan and can be justified for . the reasons stated in the staff report.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL FOR A 69 UNIT TENTATIVE TRACT MAP AND
CONDOMINIUM PERMIT ON PROPERTY GENERALLY
LOCATED ON THE NORTHEAST CORNER OF ALGA ROAD
AND EL FUERTE STREET.
APPLICANT: THE ANDEN GROUP CASE NO: CT 81-12/CP-159
WHEREAS, a verified application for certain property, to
t:
A porti'on of Pgrcel 1 of Parcel Map No. 10179 filed June 1, 1979 in the Office of the County Recnrder of San Diego County.
s been filed with the City of Carlsbad, and referred to the
anning Commission; and
WHEREAS, said verified application constitutes a request as
:ovided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 27th day of
LY I 1981, hold a duly noticed public hearing as prescribed by law,
3 consider said request; and
WHEREAS, at said public hearing, upon hearing and
onsidering all testimony and arguments, if any, of all persons
esiring to be heard, said Commission considered all factors relati
to the Tentative Tract. Map and Condominium Permit; and I 21
NOW, .THEREFORE, BE IT HEREBY RESOLVED n by the Planning
22 llcommission as follows:
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The site is,physically suitable for the type and density of tht
development since the site is adequate in size and shape to
accommodate residential development at the density proposed an(
sfill meet all of the requirements of the Condominium
Ordinance.
The project is consistent with all city public facility policies and ordinances since:
a) The applicant has received 69 edu!s from the San Marcos Water district.
b). 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 shal:
be placed on the final map that building permits may not bt
issued for the condominium project unless the City Engineei
determines that sewer service is available, and building
cannot occur within the project unless sewer service
remains available, the.Planning Commission is satisifed
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 permil
approval
School facilities will be provided by the San Marcgs Schoo: 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 payea public facilities fee Performance of that contract and payment of the fee will
enable this body to find that public facilities will be
available concurrent with need as required by the General. Plan.
The proposed project is compatible with the surrounding land use since the.properties to the east and north have been
designated for development with multiple-family housing.
This project has already been considered in conjunction with a
previously certified environmental document and a Notice of
Prior Environmental Compliance was issued on April 22, 1981.
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PC RES0 #I811 -2-
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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 t:, the agreement executed by the applicant for payment of said fee
copy of that agreement dated March 5, 1981, is on file with the
City Clerk and incorporated herein by reference.
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 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, or land shall be dedicated for park purposes pursuant to Section 21.44 and the existin'g parks -
agreement between the city of Carlsbad and the la Costa Land
Company dated January 3, 1978.
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.
Approval of this tentative tract map shall expire eighteen
months from the date of City Council approval unless a final 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 existing conditions.
If said fee is
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eneral Conditions:
Approval is granted for CT 81-12/CP-159, as sh wn on Exhibit(s)
"A" - 'IK", dated April 9, 1981, incorporated by reference and 01
file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these conditions.
This project is approved upon the excess condition that the fin; map shall not be approved unless the City Council finds as of tl time of such approval that sewer service is available to serve
the subdivision.
This project is approved upon the express condition that buildii I 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 applicatlon for such sewer permits and will continue to.be available until time of
occupancy.
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?C RES0 # 1811 * - 3-
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The applicant shall prepare a reproducible mylar of the.fina1 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 the 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 of the Planning Department prior to
installation of such signs.
Trash receptable areas shall be enclosed by a 6 foot high mason]
wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning Director.
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 satisfactic
of the Planning Department and Building Director.
The project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit Distric'
Said facilities shall at a minimum include a bench, free from advertising and a pole for the bGs stop sign. The bench and PO.
shall be designed in a manner so as to not detract from the bas.
architectural theme of the project and said design shall be
subject to the approval of the City Engineer and North County
Transit District.
Prior to occupancy of units, the applicant shall install an
access stairway from the project to Xana Way. Location of said
stairway shall be subject to the approval 6f the Planning
Director .
Engineering Department:
18) The developer shaL"1 obtain a grading permit prior to the commencement of any clearing or grading of the site.
19) The grading for this project is defined as "controlled grading''
by Section 11.06.170(a) of the Carlsbad Municipal Code. Gradinc
shall be performed under the observation of a civil 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 Carlsbad Municipal . Code.
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0) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies
regarding services to the project.
1) The design of all private streets and drainage systems shall be
approved by the City Engineer prior to approval of the final max
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 bc paid prior to approval of the final map.
2) All private streets and drainage systems shall be maintained by
the. homeowner' s association in perpetuity. This responsibility
shall be clearly stated in the CC&R's.
13) Direct access rights along the frontage on Alga Road shall be
waived on the final map.
:4) The developer shall construct all street improvements to city
standards along the subdivision frontage prior to the occupancy of any units as specified below:
a. Xana Way and Paseo Frontera - $2 feet wide.
b. El Fuerte Street and Unicornio Street - all missing I
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improvements.
Alga Road - minimum 51 foot half street including half the median.
"ire Department:,
Additional public and on-site hydrants may be required.
Prior to issuance of building permits, the applicant shall
submit two copies of a site plan showing locations of existing
and proposed fire hydrants and on-site roads and drives.
An all weather access road shall be majntained throughout
construction.
Water for fire protection shall be in before combustibles are 01
the building site.
All private driveways shall be kept clear of parked vehicles at
all times and shall have posted "No Parking/Fire Lane/Tow Away
Zone" according to the requirements of Section 17.04.040 of the
Municipal Code.
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the projec
shall be submitted to the Fire Department for approval prior to construction.
Because of the distance from the private driveways, buildings 1
and the two northerly units of Building 5 as shown on the . Tentative Tract Map.shal1 be sprinklered to the satisfaction of the Fire Department prior to occupancy.
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?arks and Recreation Department:
32) Slope areas adjacent to Alga Road and El Fuerte Street shall be landscaped and irrigated.
3uilding Department:
33) This project shall be constructed in accordance with the
34) At least one dwelling unit shall be designed so that it will be
'lanning
$5) Pedestrian crossways consisting of "Bomanite" or some other suit able material acceptable to the Planning Director shall be in-
stalled along the driveway at locations subject to the Director' approval. Plans for said pedestrian crossways shall be shown on
the final condominium plan and shall be approved by the Planning
Director prior to approval of the final map. Said pedestrian
crossways shall be installed prior to occupancy of any units.
requirements of the 1979 Uniform Building Code.
accessible to the physically handicapped.
hg ineering
16) The driveway entrance shall be realigned to the satisfaction of the City Engineer. Plans for the realignment shall be approved
by the City Engineer prior to approval of the final map.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
'lanning Commission of the city of Carlsbad, California, held on the
7th day of May, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners, Rombotis, Friestedt,
NOES: None. L'Heureux, Farrow, Jose, and Schlehuber.
ABSENT : None ~
ABSTAIN : None .
s
TTEST :
COMMISSION
PC RFXO BlSll . -6-