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HomeMy WebLinkAbout1981-10-06; City Council; Resolution 66851 2 3 4 5 6 7 8 9 10 11 12 0 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING CONDOMINIUM PERMIT (CP-176) FOR A 116-UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF ALGA ROAD AND MELROSE AVENUE. APPLICANT: DAON CORP./LA COSTA LAND CO. (MEADOW CREST). WHEREAS, on August 26, 1981 the Carlsbad City Planning Commission adopted Resolution No. 1862 recommending to the City Council that Condominium Permit (CP-176) be conditionally approved ; and WHEREAS, the City Council of the City of Carlsbad, on September 15, 1981, held a public hearing to consider the recommendations and hear all persons interested in or opposed to Condominium Permit (CP-176); and WHEREAS, said Condominium Permit has 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. 1862 constitute the findings of the City Council in this matter. C. That Condominium Permit (CP-176) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions 19 20 21 22 23 24 25 26 27 28 I contained in Planning Commission Resolution No. 1862, 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 , 1981 by the following vote, to 6th day of October wit: AYES: council Members packard, CASler, meart Lewis and Kulchin d. L RONALD C,./ PACKARD, Mayor ATTEST : M!XRY H. C&LER, Vice Mayor ( SEAL ) 2. 0 EXHIBIT A TO CITY COUNCIL RESOLUTION NO. 6685 0 PLANNING COMMISSION RESOLUTION NO. 1862 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 116 UNIT CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF ALGA ROAD AND MELROSE AVENUE APPLICANT: DAON CORP/LA COSTA LAND CO (MEADOW CREST) CASE NO: CP-176 WHEREAS, a verified application-for certain property, to t wit: Portions of sections 19, 29, 30 and 31 in Township 12 south, Range 3 west, San Bernardino Meridian in the County of: San Diego. has been filed with the City of Carlsbad, and referred to the Plan- ning Commission; and WHEREAS, said verified application 'constitutes a request as provided by Title 21 o€ the Carlsbac? Municipal Code; and WHEREAS, the Planning Commission did, on the 26th day of A'ugust, 1981, hold a 'duly notice2 public hearing as prescribed by law, to consider said request; and . WHEREAS, .at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Con- dominium Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by - the Planning Commis- sion as follows: (A) That the foregoing recitations are true and correct. (B)'That based on the evidence presented at the public hearing, th Commission recommends APPROVAL of (2-176, based on the follow- ing findings and subject to the following conditions: Find ing s 1) The project is consistent with the city's General Plan sincc the proposed density 'of 7.6 du/acre is within the density range of 4-10 du's/acre specified for the' site as indicated 1 3.8 3-9 B 2 3 20 4 5 6 21 '7 22 8 23 9 10 2'4i : . .XI. 25 3.2 26 27 28 14 15 3.6 17 on the Land Use Element of the General Plan and can be justi- fied for the reasons stated in the staff report. 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 pro- posed. The project is consistent with all city public facility pol- icies and ordinances since: , .. The applicant has received 116 edu's from the San Marcos Water District 9. _. The Planning Commission has, by inclusion of an appropri- ate condition to this condominium permit, insured that building permits may not be issued for the project unless the City Engineer determines that sewer service is avail- able, and building cannot occur within the project unless sewer service remains available, the Planning Commission is satisfied that the requirements of the public facili- ties element of the General Plan have been met insofar as they apply to sewer service for this condominium permit approval. School. facilities will be provided by the San Marcos School Dj-strict. All necessary public im?rovements have been provided or will be required as conditions of approval, The applicant has agreed akd is required by the inclusion of an appropriate condj-tion to pay a 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, proposed project is compatible with the surrounding land since the properties to the north and south have been de- signated for development with m.ultipl&-family housing at a s im i 1 ar dens it y . .. a This project will not cause any significant environmental im- pacts and a Negative Declaration was issued by the Planning Director on Auqust 13, 1981 and approved by the Planning Com- . mission on August 26, 1981. Conditions of Approval General Conditions: 1) Approval is granted for CP-176 file in the Planning Department. as shown on Exhibits "A" - dated July 27, 1981, incorporated by reference and on Development shall occur sub PC RES0 1862 -2- 13 /. J. '3 '4 5 9 le 32 12 14 15 1E 3.7 . .. I€ 3.5 0. 2c 23 22 2z 21 25 26 * 27 28 0 stantially as shown unless otherwise noted'in these condi- tions. This project is approved upon 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 application for such sewer permits and will'continue to be available until time of occupancy. This note shall be placed on the final map for CT 79-25(B) * This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for pay- ment of said fee a copy of that agreement dated July 8, 1981, is on file with the City Clerk and incorporated herein by re- ference. If said fee is not paid as promised, this applica- tion will not be consistent with the General Plan and approval for this project shall be void. 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, 17, dated Augus't 29, 1979, on file Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable citl ordinances in effect at time of building *permit issuance. Planning Department : The applicant shall prepare a reproducible mylar of the final site plan for CP-176 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 shail establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CCGtR's shall be subm'itted to and approved bp the Planning Department prior to the issuance of building permits in Phase V. All parking lot trees shall be a minimum of 15 gallons in size. 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.. PC RES0 1062 -3- z 2 3 4 5 6 '7 8 9 10 -11 la 13 14 15 . 3.6 17 5-8 19 20 B 21 22 23 24 25 26 27 28 0 0 "I 8. Trash receptacle areas shall be enclosed by a 6 f sonry wall with gates pursuant to ci%y standards. said receptacles shall be approved by the Planning Director. All roof appurtenances, including air conditioners, shh!. be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the Planning Department and Bui tor. Approval of the .tentative map ..for this project shall expire eighteen months from the date of City Council approval unless a final map ks recorded. Also, this ium permit shall expire in eighteen aonths from City Council approval unless building permits are issued. An extension rray be requested by the applicant. SaiB extension shall be ap- proved or denied at the discretion OF the City Council. In approving an extension, the City Council may impose new coridi- tions and may revise existing conditions. 14) A decorative block wall shall- be constructed along Nelrose Avenue. Said wall shall be .designed to discourage a monoto- nous appearance and to blend with the approved wall for CT 80-9. Detailed plans for said wall shall be submitted to and approved by the Planning Director prior to the issuance of any building permits. Engineering Department: li) The developer shall obtain a grading permit prior to the coin- mencement of any clearing or grading. of the site. 16) The grading €or this project is defined as "controlled grad- ing" by Section 11.06.?70(a) of the Carisbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure coapliance GE the work with the approved grading plan, and recomendations set forth in the soils report by Shepardson Engineering Association Inc., dated July 13, 1981, submit required reports to the City Engi- neer and verify compliance with Chapter 11-06 of the Carlsbad .. Municipal Code. ', L 17) All slopes shall have a minimum slope of 2 horizontal to 1 vertical. 18). Upon completion of grading, the developer shall insure that an "as-graded" geologic plan shall be submitted to the City Engi- neer, The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. drafting film and shall become a permanenst record. The plan'shall be prepared on a mylar or similar 11 PC RES0 1862 -4- 1 2 3 4 5 6 7 12 13 25 .. le 19 8 2c 21 22 2: 24 25 . 26 27 28 No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Depart- ment of Sanitation and Fload Control or the City Engineer. Direct access rights for all lots abutting Melrose Avenue and Alga Road shall be waived on the final map. All public streets shall be improved by the developer based on the typical sections shown on the tentative map (CT 73-25(B)) and in conformance with City of Carlsbadr Standards prior to occupancy of any buildings. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The design of all private streets and drainage systems shall be approved by the City Engineer prior to issuance of a build- ing p.ermit. and approval of the final map. The structural sec- tion 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 stan- dard improvement plan check and inspection fees shall be paid prior to issuance of a building permit, The circular island - . in the private street at the project entrance shall be deleted, 25) All private streets and drainage systeins shall be maintained by the homeowner's association in perpetuity. bility shall be clearly stated in the CC&R's. This responsi- Fire Department: Additional public and on-site hydrants 'shall be required at locations to be cletermined by the Fire Department, An all weather access road shall be maintained throughout con- struction, Water for fire protection shall be in before combustibles are on the building site. The proposed security gate system shall be provided with "Knox" key operated override switch, as specified by the Fire Department. Fire retardant roofs are required on all structures. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systeiiis pertinent to the pro- ject shall be submitted to the Fire Department for approval prior to construction, , .. * e 3. 32) Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or four-hour fire walls with no openings therein shall split the building into 10,000 sq-ft. (or less) areas. arks and Recreation Department: 3) The landscape plans shall show the slope treatment of the slopes wes% of the Meadows Drive, be drought tolerant and able to blend in with the existing The species planted shall vegetation-- 4) Tree planting shall occur on the slopes within the project an( shall be shown on the detailed landscape t and irrigation plan. PASSEDI APPROVED AND ADOPTED at a regular meeting of the )laming Commission of the city of Carlsbad, California, held on :he 26th day of August, 1981, by the following vote, to wit: ' AYES: Marcus, Rombotis, Farrow, Jose, Friestedt and L' Heureux NOES: None ABSENT : Schlehuber ATTEST : -\ PC RES0 1862 -6-