Loading...
HomeMy WebLinkAbout1982-02-02; City Council; Resolution 67771 2 3 4 5 6 7 E 9 1c EI 12 a 1: 2( 21 2; 2: 2L 2f 2i 2' 24 RESOLUTION NO. 6777 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-39) FOR A 78- UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-185) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF COSTA DEL MAR, EAST OF EL CAMINO REAL IN THE R-P ZONE. APPLICANT: CONDO "5" WHEREAS, on December 23, 1981, the Carlsbad Planning Commission adopted Resolution No. 1905 recommending to the City Council that Tentative Subdivision Map (CT 81-39) and Condominium Permit (CP-185) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on January 19, 1982, held a public hearing to consider the recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 81-39) and Condominium Permit (CP-185); 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. 1905 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 81-39) and Condominium Permit (CP-185) 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. 1905, dated December 23, 1981, marked Exhibit A, attached hereto and made a part hereof, with the exception of Condition No. 25, which has been revised to read as follows: "25. The applicant shall provide for the improvement of a half width median on El Camino Real along the subdivision frontage from the north end of the San Marcos Creek bridge to the Costa Del Mar private road entrance prior to the approval. of the final map . '' PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the , 198 2 by the following vote, __ 2nd day of February to wit: AYES : Council Mmbers Packard, Casler, hear, Lewis and Kulchin ABSENT: "e RONALD C. PACKARD, Mayor ATTEST : (SEAL) 2 3 1 2 z 4 t: \r E 7 E S ZC 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A to City Council Resolution Yo. 6777 PLANNING COMMISSION RESOLUTION NO. 1905 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 78 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF COSTA DEL MAR, JUST EAST OF EL CAMINO REAL. APPLICANT: RANCHO LA COSTA, INC. * CASE NO: CT 81-39/CP-185. 1 WHEREAS, a verified application for certain property to, wit: Lot 3 of La Costa Condominium No. 4, and a portion of Lot 14, Section 35 Record of Survey 6269, according to Map 6520 filed October 21, 1969 nas been filed with the city of Carlsbad, and referred to the Flanning Commission; and WHEREAS, said verified application constitutes a request 3s provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 23rd day of kcember, 1981, h6ld a duly coticed public hearing as prescribed ,y law to consider said request; and WHEREAS, at said public hearing, upon hearing and :onsidering all testimony and arguments, if any, of all persons lesiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :ommission as follows: i) That the above recitations are true and correct. 3) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 81-39/CP-185, based on the following findings and subject to the following conditions: '/// '/// 1 2 3 4 5 6 7 a 9 . JE -17 2c 21 2: . 24 2E 2(1 27 21 pindings: (Planning) I) The project is consistent with the city's General Plan since the proposed density of 23.1 du'sjacre is within the density range of 20-30 du's/acre specified for the site as indicated on the Land Use Element of the General Plan. ?) 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 develdpment at the density pro- posed. 3) The project is consistent with all city public facility pol- icies and ordinances since: The Planning Commission has, by inclusion of an appropri- ate condition to this project, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In add- ition, the Planning Commission 'has added a condition that a note shall be placed on the final map that build- ing permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, the Planning Cominission 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 project. A school letter, dated September 24, 1981 has been sub- mitted to ensure thhe availability of school facilities in the Carlsbad School District. Park-in-lieu fees are required as a condition of ap- proval. 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. 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 Gen- eral Plan. Assurances have been given that adequate sewer for the project will be provided by the Leucadia County Water District. 4) The proposed project is compatible with the surrounding fu- ture land uses since surrounding properti.es are designated far residential development on the General Plan. . _.... .._. .. .. . .- . , .. .. . , .. .... b 1 2 3 7 8 9 3.0 12 > 13 14 . . 15 16 18 19 20 21 23 24 25 26 27 28 0. Conditions: General Conditions . 3.. 2 3) Approval is granted for CT 81-39/CP-185, as shown on Exhibit "A", dated November 20, 1981, Exhibit "B", dated December 8, 1981, and Exhibits "Cir - "M" , dated October 1, 1981, incorporated by reference and on file in the Planning Departme-it. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 avail- able to serve the subdivision, 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. 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 pay- ment of said fee a copy of that agreement dated September 17, 1981, is on file with the 'City Clerk and 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 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, 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 issu- ance. Planning: ' 7) The applicant shall prepare a reproducible mylqr of the final 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. //// /I// -3- Q- 1 2 3 4 5 6 7 Ei 9 IC 11 12 JZ 14 1E 1€ 17 . 1E 15 2c 21 2: 2: 24 . Rf 26 23 2E e The applicant shall establish a maintenance 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 irriga- tion plan which shall be subm-itted to and approved by the Planning Director prior to the issuance of building permits, All parking lot trees shall be a mini" 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 in- stallation of such signs, Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Loca- tion of said receptacles shall be approved by the Planning Direct or. 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 Direc- tor. Approval of CT 81-39/CP-185 is granted subject to approval of Special Use Permit 5. Approval of' this tentative tract map shall expire eighteen months from the date of City Counc:il approval unless a final map is recorded. An extension may be requested by the ap- plicant. discretion of the City Council. the City Council may impose new conditions and may revise existing conditions, This project shall- be considered a "Time-share" condominium project and no unit shall sell for an increment of time to exceed 4 months. A note indicating this shall be placed on Said extension shall be approved or denied at the In approving an extension, . the final map. Engineering 19) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. //I/ PC RES0 #1905 -4- 1 -2 3 4 5 6 7 e! 9 10 21 3.2 13 34 . . 15 16 17 le 19 2c 21 22 22 24 25 26 27 28 The grading for this project is defined as "controlled grad- ing" by Section 11.06.170(a) of the Carlsbad 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 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. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer. 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 applicant shall install rock slope protection for the fill slope adjacent to the flood channel to the satisfaction of the City Engineer. The location of the proposed rock slope protection shall be shown on the grading plans and the supporting engineering calculations shall be approved by the City Engineer prior to the issuance of the grading permit. The developer shall secure from the Leueadia County Water District all the necessary easements for the relocation of the existing sewer line which runs across the northern portion of the project prior to the recordation of the final map. The developer shall obtain a License Agreement from the San Diego Gas &.Electric Company allowing the construction of the parking lot within their easement prior to recordation of final map. The applicant shall enter into a lien contract for the future improvement of a half width median on El Camino Real along the subdivision frontage from the north end of the San Marcos Creek bridge to the Costa Del Mar private road entrance prior to the approval of the final map. .. .. Fire - 26) Prior to the issuance of building permits, complete building , plans shall be submitted to the Fire Department for review and approval. 27) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 28) Proposed security gate systems shall be provided with - "Knox" key operated override switch, as specified by the Fire' Department. 43 *. . , .. 2 3 4 5 6 7 s ZC 11 1: 21 2( 2' 2r e .. 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 construction. z Building exceeding 10,000 sq.ft. aggregate fl.oor area shall be sprinklered or have four-hour fire waL1.s with no openings the building into 10,000 sq.ft. therein which shall split {or less) areas. ?arks and Recreation 31) Any existing street trees removed or damaged for any reason shall be replaced by a sp cies of equal size of a type subject to the approval of the Parks and Recreation Department . The property's frontage along El Camino Real shall be sub- stantially landscaped in compliance with the Parks and Recreation streetscape program. 32) 33) The applicant shall screen the parking lot from El Camino Real by the use of ground contouring and landscaping which shall be shown on the detailed landscape and irrigation plan as required herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Clarlsbad, California, held on the 23rd day of December, 1981, by the following vote; to wit: '. AYES: NOES : ABSENT: ABSTAIN: MARY MARCUS, Chairman CARLSBAD PLANNING COMMISSION ATTEST : ,. JAWS C. NAGAMAN, Secretary CARLSBAD PLANNING COMMISSION 9 r-'