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HomeMy WebLinkAbout1981-09-15; City Council; Resolution 6668RESOLUTION NO. 6668 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-21) FOR A 70 UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-167) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF ALICANTE ROAD, ALTISMA WAY AND SOUTH OF CARINGA WAY. APPLICANT: CARINGA INVESTMENTS WHEREAS, on August 12, 1981 the Carlsbad Planning Commission adopted Resolution No. 1847 recommending to the City Council that Tentative Subdivision Map (CT 81-21) and Condominium Permit (CP-167) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on September 1, 1981, held a public hearing to consider the recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 81-21) and Condominium Permit (CP-167); 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 1980; 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. 1847 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 1C 13 1: P 1' 21 2' 2 2 2 conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 81-21) and Condominium Permit (CP-167) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No. 1847, dated August 12, 1981, 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 15th day of Septdr , 1981 II by the following vote, to wit: AYES : NOES: bile Council Wers Packard, Casler, hear, Lewis and Kdchin ATTEST : GtL 36. Razk-Lk- ALETHA L. RAUTENKRANZ, City Clerk ( SEAL) 2. 3 d- . ,* 3. 2 3 4 5 E 7 E s IC 13 2; 1: ~- 11 It 1( 1' li I! 21 2: 2, 2 2, 2 2 2 2 e.; @ EXHIBIT A TO CITY CO LIIECL RESOLUTION NO. 6668 PLANNING COMNICSSION RESOLUTION NO, '1847 A RESOLUTION OF THE PLANNING COPIPIISSEON OF THE CITY OF CARLSBAD, CALIFORBIA, RECOMHENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PER€KtT ON PROPERTY GENERALLY LOCATED ON THE HORTHWEST CORNER OF RLXCANTE ROADB ALTISPIEb APPLICANT: CARXNGW INVESTMENTS WAY AND SOUTH OF CARINGA WAY CASE NO: CT 81-29/CP-46% I_ WHEREAS, a verified application for certain property, d0 rit ; e I Eats 229, 230, 234 and 232, La Costa Valbey Unit No, E; i.re the City of Carlsbad, according to the Map thereof Eo, 6730 filed in the office of the County Recorder of Sara Dicgo County on September 9, 1970, ms been filed with the City of Carl,sbad, and referred to the 'laskning C0"ission; and mEBEWS p said verified application C?onstitutes a request as xovided by Title 25 of the Carlsbad Municipal, Code; and WHEREASB the Flaming Commission did, on the 52th day of Sugust, 9984, hold a duly noticed public hearing as prescribe6 by LawB to consider said request; ana WHEREAS, at said public hearing, upon hezzring amd considering 33.1 testimony and arguments,. if anya of all persons desiring to be heard, said Comi=ssion considered a1.3. €actors refating to the Tentative Tract Map and Condominium Permit; ana' MOWp THEREFOREr BE IT HEREE3Y RESOLVED &J the Planning Commission as follows: (A) That the foregoing recitations are true and correct, (BJ That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT-81-21/CP-167, on the following findings and subject to the following conditions: based /// /// II 1 Findings 2 3 4 5 6 7 8 I) The project. is consistent with the city8s General Plan since the proposed density of 13-6 durs/acre is within the density range of 10-20 du's/acre specified for the site as indica-t-ed on the Land Use Element of the General Plan, 3) he project: is consistent with aPk city public faciI.ity pol- icies and ordinances since: f 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 densiky pro- posed * 19 20 d) All necessary pubEic improvements have been provide8 or will be required as conditions a€ approval e. I I 9 10: 1% 3.2 13 14 15 3.6 17 18 The Planning Commission hasp by inelusion of an appro- priate condition to this pcujecrt:, insured, that the final map wilb'not be approved u.nZess the City Council finds addition, the Planning Corm%ssian has added a condition that a note shall be placed on the final map that build- City Engineer determines that sewer service is available, and building cannot occur within the project unlcss sewer service remains available, the Planning Commission is satisfied that the ~equire~~ient~ of the public Eaeili-ties element of the General Paan have be@n met insofar 3.s they apply to 5ewer service far this project, that SeWEP Service is aVai3-8.bl€+ tGP Serve the E)D3jeCte In ing perwits may not be i~su.ed for the prsje~t UII~~SS the School fees will be paid to ensure t.he availability of schosP facilities in the Sa11 Marcos Unified schooT, 6iS- trrict 0 The payment of park-in-lieu fees i-s required as 2, condition of approval, 21 22 23 24 25 26 ' 27 28 e) The applicant has agreed and is requked by the inclusiori of an appropriate conditi-on to pay a public Eacilitbs 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 €1 Assurances have been given that adequate sewer for the project will be provided by the Leucadia Water District, 4) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan /// /// PC RES0 1847 -2- .. t a 2 3 4 5 6 7 8 9 3.0 %P 12 13 3.4 15 3.6 3.7 %E 3.9 2c 21 22 22 24 . 2c 26 27 28 5) This project as conditioned will not cause any signifi-ant environmental impacts and a Conditional Negative Declaration has been issued by the Planning Director on 3uly 15, 1981 and approved by the Planning Commission on August 12, 1981, General Conditions Approval is granted for CT 84-21/CP-967, as shown on Exhibits "A - D'' , dated July 27, 4981 incorporated by areference an6 on Eile in the Planning Department, Dewlopment shall occur substantially as shown unless otherwj.se note6 in these ccrndi- tiQnS, This project is approved upon the express candition that the final map shall nat be approved vcasfess the City Cauneil finds as of the time sf such approval that sewer service is avail- able to serve the subdivision. This project is approved upan the express ccrndition 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 a.ppliec:.tion for such sewer permits and will continue to be available until time of occupancy. This note shaP3. be placed on thct final map This project is approved upon the express ccrndikictn that the applicant shall pay a public facilities fee as required by City Council sfi icy NO, with the City Clerk and inc~~parated herein by reference arici according to the agreement executed by the applicant for pay- ment of said fee a copy of that.agi:eenient dated June 4, 1985, is on fi1.e with the City Clerk and %ncoi:psrated herein by re- ference, If said fee is ~?ot paid as pro~iscd, this applica- tion will not be consistent with the Gerisral Plan and appro- val. for this project shall be void, The applicant shall. pay park-in-lieu fees to th@ city, prior @O the approval of the final. map as required by Clriap'cer 20-44 of the CarPsbad PdlunicipaZ Code, 17, dated ~,rrguse: 29, 1979, cm file The applicant shall provide schdol fees to mitigate condi- tions of overcrowding as part o€ huj-lding permit application. These €ees shall. be based on the fee schedule in e€fect 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 af building permit; issu- ance e Planning Department Conditions 8) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. PC RES0 1847 -3- G Said site plan shall. be submitted to and approved by t.he Planning Director prior to the issuance oE buildi.ng permits, The applicant shall establish a homeowner*s associatisn and corresponding covenants, conditions and restrictions, Said CCbR's shall be submitted to and approved by the Planrsing Departnxent prior to final map approval. The applicant shall prepare a detailed landscape ~rnd irriga- tion plan which shall be submitted to and approved by the Planning ~irector prior to the issuance of building permits, This landscape plan shall incorporate erosion control. measures W1P landscaped areas-shall be maint?ained I.rr a healthy and thriving condltiara, free froxi veedsF @rashp and iiebris, Engineering Department Conditions 15) The developer shall obtain a grading perm5.k pri.or ta the com- mencement of any clearing or grading of the site, 46) The grading for this project is u'eched as Ttcorkrolled grad- ing" by Section 11,06,97O(a) oE the Carlsbad Munici.pa% Code, Grading shall be performed under the observation of a csi-vil 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, 97) Prior to the issuance of a grading permit, the hau1 route shall be submitted for review and shall be approved by the City Engineer. A separate grading plan shall be submitted and approved ar,d a separate grading permit: issued fox the borrow or disposal site if located within the city limits, 18) During the grading operation, a silt barrier shall be con- structed along Alicante Road and Altisma Way (i.e*, haybalcs, PC RES0 1847 -4- . 3'7 ., 1 2 3 4 .5 6 7 8 9 1C 99 3-2 2E 15 2( 23 2: 2: 24 2t 2: 21 gravel bags or a fabric system). soaking the soil during the grading operation shall, reduce the nuisance silt and control dust on public streets. This system as well. as 19) All slopes shall be no steeper than 2 horizontal to one ver- tical Upon completion of grading, the developer shall insure that an "as-graded" geol,ogic plan shall be subniitted to the City Engineer. The plan shall elearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and nsust be based on a con- tour map which represents both the psre and post site g~ad.irng, This plan shall be signed by both the soik engineer and the engineering geoPogist, he plan sIFzI.1. be' prepaxed on a rrty1a.r or similar drafting filn and shall. become a pcrmarient. record * 2 I 1 Additional drainage easements and drailic-;..ye S~IXIC~XIK~S shall, be provided or installed as may be r:equired t>y the County ~epartmerat of Sanitation and PIood Control. or the City Engi- neer, 22) The developer shall install street 1.i.ghts af.ang aS_I public and private street frontages in conformance with City of CarPsbad Standards, 23) The developer shall install street trees at the equivaEcnt of 48-foot intervals aXang all public street frontages in eon- formarnce with City of Carlsbzd Standaxds * The trees sh~;l,f. be of a variety selected froxi the appraved Street Wee List, 24) The developer shall install sidewalks aEoncj a11 public street frontages in conformance with City of Carlsbaci Standards prior to occupancy of any buildings* 25) The developer shall, install a whee1.chaj.r ramp at the public: street corner abutting the subdivisian in conformance with City of Carlsbad Standards prior 'ca occupancy of any build- ings 0 26) The developer shall comply with all the rules, regulati.ons and design requirements of the respective sew&r and water agencies regarding services to the project, 27) All private streets and drainage systems shall be maintained by the homeowner ps association in perpetuity, bility shall be clearly stated in the CCStR's, This responsi- 28) All concrete terrace drains shall be maintained by the home-- ownerPs association (if on commonly owned property) or the individual property owner (if on an individually owned lot) in perpetuity. identifying the responsibility shall he placed in the CC&R' s. An appropriately worded statement clearly PC RES0 1847 -5- . ?* .It 7 1 2 3 4 5 6 7 8 9 10 E2 13 14 15 ,I. 18 19 20 21 22 23 24 25 26 27 28 Fire DepartmenP: Conditions 29) Additional, publie fire hydrants are required, 30) Submit two (2) copies of a site plain showing Locations of ex- isting and proposed fire hydrants and onsite roads and drives, 33) Water for fire protection to be in before combustibles are an 32) Proposed security gate systems shall be provided with “Knox“ building site, key operated override switch, as specified by the Fisre De- partment e I 33) Fire retardant roofs are required cR1 ax1 structures, 34) All fire alarm systems, fire hydrants, extinguishing systemsp automatic sprinklers and other systenzs pertinent to the project shall be su.bmitted to the Firs Department for appraval prior -to construction. 35 ) Buildings exceeding 10,OOQ square feet aggregate Eloor az-ea shall be sprinklered OF four-hour wa3.l~ with no ~per~irigs: therein shall split the buildings into 10,000 square fee& (or less) areas. 36) Fire sprinkler system is required in underground parking 37) ~ecress to buildings from street: is unclear, If AGCCSS is in- adequate for fire fighting purposes > spri~$klers or standpipes will be r’equired, PBSSED, LPPRUVED AND ADOPTED at a regu~ar’meeting of the Planning Commission of the City of Carlsbad, CaEifornia, held on StIXCtUE?S, the 12th day of August, 1981, by the following vote, ta wit: AYES: Chair” Hareus Co~missianers Rorrhotis Schlehuber Jose and Frj-estedt a NOES : None -. ABSENT: Commissioners LD€Ieureux and Farrow. ,. ABSTAIN : None. Dh MARY MA&Sr Chairman Y\h. //W/ _.- MARY MA&Sr Chairman CARLSRA~~ PLANNING COMMISSION FARLSBAD COMMISSION Pf‘ RESO #1847 -6-