HomeMy WebLinkAbout1982-05-18; City Council; Resolution 6876I
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RESOLUTION NO. 6876
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
TENTATIVE SUBDIVISION MAP (CT 81-19) FOR A 50
LOT SINGLE FAMILY AND CONDOMINIUM LOT PROJECT
AND APPROVING CONDOMINIUM PERMIT (CP-199) FOR SAID
33 UNITS ON 22.8 ACRES OF PROPERTY GENERALLY
LOCATED ON THE NORTHWEST CORNER OF EL CAMINO REAL
AND CHESTNUT AVENUE.
APPLICANT: SHEFFLER CASE NO. CT 81-19; CP-199.
WHEREAS, on April 14, 1982, the Carlsbad Planning
Commission adopted Resolution No. 1917 recommending to the City
Council that Tentative Subdivision Map (CT 81-19) and
Condominium Permit (CP-199) be conditionally approved; and
WHEREAS, The City Council of the City of Carlsbad, on
May 4, 1982, held a public hearing to consider the
recommendations and heard all persons interested in or opposed
I to Tentative Subdivision Map (CT 81-19> and Condominium Permit I
i (CP-199); and
WHEREAS, said Tentative Subdivision Map and Condominium
Permit have been declared to have a nonsignificant impact on the
environment and a Negative Declaration was prepared and filed on
March 3, 1982 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. 1917 constitute the findings of the City Council
in this matter.
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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 81-19> and
Condominium Permit (CP-199) 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. 1917, dated April 14, 1982, marked
Exhibit A, attached hereto and made a part hereof, with the
exception of the first sentence of Condition No. 17, which has
been revised to read as follows:
Approval of this tentative map shall expire twenty four
months from the date of this resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
18th day of May , 1982 by the following vote, to wit:
AYES : Council Wers Casler, hear, Lewis and Kulchin
NOES: Nane
ATTEST:
(SEAL)
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PLANNING COMMISSION RESOLUTION NO, 19 17 --
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIPOKNIA, RECOMMENDING
APPROVAL OF A TENTATIVE SUBDIVISION PlAP TO CREATE
50 SINGLE FAMILY LOTS AND I CONDOMINIUM LOT AND
A CONDOMINIUM PERMIT FOR 33 UNITS ON PROPERTY
GIINli:RALLL: LOCATED ON THE NORTHWEST CORNER OF EL
CAMINO KEAL AND CHESTNUT AVENUE.
AI?? 1:) I: CANT :
C3S!I: Kc):
WI-IEREAS, a verified application for certain property to
Sfl E F F .L E R
C‘Y 81-13/CP-599 - __I____-_-
rit :
A portion of Lot “J” of the Rancho Agua Hedionda accorzing to parti02 map thereof No. 823 filed November 16,
1896
ias ficl>en filed with the city of Carlsbad, and referred to the
11. an r: i k i g Coium i s s ion ; and
XI~EREAS, said verified a-pplication constitutes a request as
)rov;~?xi by Title 21 of the Carlsbad Municipal Code; and
kW-:.:!?!.:nS, the Planning Commission did, on the 27th day of
rzniit?:,*,- 19i{2, the 24th day of February, 1982, and on the 24th day
If M--.F- hg 19U2, liold a duly noticed public hearing as prescribed by
31.1 t , :~>nsid~r said x-equest; and
\VH!.:REAS, at said public hearing, upon hearing and
:ons’:i-rinc? ill1 testimony and arguments, if any, of all persons
ics ir.i rig tc. he heard said Commission considered all factors
-elat,irly to the Tentative Tract Map and Condominium Permit.
NOW, mr- I~EREFOKE, BE IT HEREBY RESOLVED by the Planning
:omm i s s ion as f 01- lows :
ij ‘.rhi?t the above recitations are true and correct.
5) That based 011 the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 8 I- 19/CP-199, based on the following findings and subject to the fallowing conditions: LIIC.-
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').,e project is consistent with the city's General Plan since the
pr~~~msed density of 2.6 du/ac, for the single family porticn of
the project is within the density range of 0-4 duPs/acre ~.,ij~>ecified for the site and the proposed density of 7.9 du/acre
.is within the density range of 4-10 du/ac specified for the site
tic; indicated on the Land Use Element of the General Plan.
':+tte site is physically suitable for the type and densi.ky of the C::vel.o.pment since k.he site is adtequate in size and shape to
accommodate residential development at the density proposed,
The project. is consistent with .all city public facility policie:
arid ord inances since z
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The Planning Commission has, by inclusion of an apgropriate condition to this project, insured that the final map will
not he 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 shall
be p2.aced on the final map that buil-ding perinits may not be i.ssued for the project unless the City Engineer determlses
that sewer service is available, and building cannot occur
wi.thii1 the project unless sewer service remains available ,
the Planning Commission is satisfied that the requircme;its
02 the: public facilities element of the General Plan have
i~en rnet in sofa^ as they apply to sewer service for this
project.,
Aic! ~:xi.~tj.ny school agreement between the developer and
Ca~f.,c;bad Unified School District will ensclre adequacy of
sch(.x.:fl f2cilities per letter dated December 10, 198 1 .
E~amris--in-:t~eu fees are required as a condition of approval.
:I1 necessary public improvements have been provided or will !,e ,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,
Perforinance of that contract and payment of the fee wili
eria'n3.c this body to find that public facilities will be
available concurrent with need as required by the General
Plan,
Assurances have been given that adequate sewer for the p~o-ject will be provided by the city of Carlsbad.
Adequate water service for the project will be provided by
the city of Carlsbad,
The prspcsccf project is compatible with the surroundinq futtlre !.and uses since surrounding properties arc designated for
4" residential. development on the General Plan.
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5) T? i >; project as conditioned will not cause any significant
:"i\.rironmental impacts and a Conditional Negative DeClarati.cn
been issued by the Planning Director on llarch 3, 1982,
hiid approved by the Planning Commission on March 24, 1982.
C;enercil Cond it ions : -I._- .---
Iippiroval is granted for CT 81-13/CP-199, as shown on Exhibit(s)
A ;tad B, dated March 24, 1982, and C and D, dated January 15,
1992, incorporated by reference and on file in the Planning
D+p.?rtmPnt. Developmenc shall occur substankia?ly 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 a:
of the time of such approval that sewer service is available to
serve the subdivision.
This project is approved upon the express condition that
building permits will not be issued for development of the suhject property unless the City EngineeK determines that se;;er
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 nap.
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
tili the agrement executed by the applicant for payment of sal5
fc:a a copy of that agreement dated February 17, 1982, is on filc
t:j.th the City Clerk and incorporated herein by reference. If
said fee is not paid as promised, this application will not 52
~~s3~istent: with the General Plan and approval for this project.
h2z.!a~~ be void <.?.- . .* -v
3'22 applicant shall pay park-in-lieu fees to the city, prior to
the approval of the final map as required by Chapter 20.44 c:
the Carisbad Municipal Code.
Approval of this request shall not excuse compliance with a11
sections of the Zoning Ordinance and all other applicable city
ordinances in effect at time of building permit-, issuafice.
Plannina:
7) The applicant shall prepare a reproducible mylar 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.
corresponding covenants, conditions 2nd restrictions, one for
the condominium and one for the single family development. Sii
CC&R's shall he submitted to and approved by the Planning Department prior to final map approval.
Sj The applicant shall establish two homeowner's associations an3
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PC RESO NO, 1377 -3-
1 .I$:? z.',.. applicant shall prepare a detailed landscape and irrigation
p.13:ti: which shall be submitted to and approved by the Planning !:,-l.::lzctor prior to the issuance of building permits.
<%:-I landscaped areas shall be maintained in a healthy and
!:;)riving condition, free froin weeds, trash, and debris.
4iiy signs proposed for this development shall be designed in c.:>iiformc?nce with the city's Sign Ordinance and shall require review and approval of the Planning Department prior to in-
c;tallaLion of sgch signs,
'Trash receptacle areas shall be enclosed by a 6 foot high
masonry wall with gates pursuant to city standards. Locatio2
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 som
htlffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Director.
The applicant shall. submit a street name list consistent with
the city's street name policy subject to the Planning
Qirector's approval prior to final map approval,
?.'he project shall provide bus stop facilities. at locations
subject to the satisfaction of the North County Transit Pis-
Free Erorn advertising and a pole for the bus stop sign, The
Ij~i~ch and pole shall be designed in a manner so as to not
ciatract froin the basic architectural theme of the project and :+z.id design shall be subject to. the approval of the Planning ;:;i.rect.or arid Rorth County Transit District.
1- L.~:bct. * Said facilities shall at a minimum include a bench,
;';pproval of Tentative Tract and Condominium Permit No, CT 81-
l?jC:P-199 is grranted subject to approval of Zone Change 255,
kpprosra- of this tentative tract map shall expire eighteen
nanths Erram the date of City Council approval unless a final
niap is recorded. An extension may be requested by the ap- piicant, Said extension shall be approved OK denied at the
discretion of the City Council. In approving an extension, th City Council may impose new conditions and may revise existing
conditions,
No grading, development or tree removal shall occur on lots containing a tree preservation area as shown on Exhibit "B" except to provide access to the buildable portion oLC inclividua
l.ots, The Exhibit shall he modified to indicate that the
preservation plan shall apply to all trees with a diameter of
3" OK greater.
//I/ ?C RESO NO. 1917 -4-
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!!I ,or exceptions, to these restrictions
z 41. ;:ting to fire safety which do not subvert the intention of
e+ :1 : c; condition, may be approved by the Planning Director. A
aA2,te stating the tree preservation restriction shall be placed
ail the final map,
includin? those
?he applicant shall place a deed restriction on Lots 41 and 42 t!; prohibit development ~7ithi.n 30' of the property line ;!i\utt ing Chestnut Avenue.
z:~? clevel3per shrtI1 design and construct a noise attenuation wall a:Long El Camin0 Real prior to the issuance of any
building permit. Design and Inaterials for the wall shall be approved by the Planning Director and the noise level shall be
attenuated to comply with the HUD Noise Suitability Criteria
contained in the negative declaration for this project,
Landscape treatment shall be provided to screen the wall.
The developer shall place a deed restriction on lots 5, 6, 7
and 8 to prohibit developnent on or future alteration of the s;lope area adjacent to El Camino Real. An exhibit indicating
those areas where this deed restriction shall apply shall be s1.~bniitted to and approved by the Planning Director prior to
final map approval.
The developer shall landscape and maintain all slope areas for a period of one year beyond the termination of grading or
tintif. 50% ot' the lots are sold, whichever occurs later,
'.;:'he developer shall incorporate a condition in the CC&R's of
th? single-family homeowners association to maintain all slopes along El Cainino Real and Chestnut Avenue for that
?:F xaint.ainec1 by the homeowners association shall be submitted
!;s and approved by the Planning Director, prior to final map
.-. I..:...i,,-ion e, .,. +. of the project. An exhibit indicating those areas to
,3pprsvaI .
x 'it72 deve:loper shall landscape the area immdiately around f;l:ery Reservoir for screening. A landscape plan shall be
approved by the Planning Director and improvements completed
prior to the sale of any lot or issuance of any building permits for the lots adjacent to the reservoir, The
iandscapity shall be maintained by the developer until the
lots are sold.
The condominium portion of the project shall he developed in
conjunction with or subsequent to the development of the single family portion of the development.
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I/// ec KESO NO. 1917 -5-
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14.) grading shall occur outside the limits of the subdivisisn
i l:e affected properties.
.*,..d L*LI~m(:ss - a letter of permission is obtained from the owners ~f
1.4' .LL,..i. !., 3 developer shall pay the current local drainage area fei
prior to approval of the final map or shall construct draixge systems in conformance with the Master Drainage Plan and City
rzf Carlsbad Standards as required by the City Engineer.
:,rind for all public streeks and easements shown'on the ten-
1:ati.ve rnap shall he dedicated on ?he final nap and shall b?
graiited to city free and clear of all liens and encumberan:es,
At1 public streets shall be improved by the developer base? on
ths typical sections shown on the tentative map and in
confcrmance with City of Carlsbad Standards prior to occupzncy o€ any buildings,
M.1 private streets and drainage systems located in the
coni"lorninium portion of the project shall be maintained by the c~ndominium horneowner's association in perpetuity. responsibility shall be clearly stated in the CC&R's. This
Additional drainage easefnents and structures shall be provided
or illstalled as may be required by the City Engineer.
4r.r ~nc? subdivider shall dedicate an additional 6 feet of right-of-
w3.y hr Chestnut Avenue along the subdivision frontage. F:sll
?;:::sed QZI a curb to curb width of 48 feet. Plans for
!ionstruetion shall be approved by the city and bonds and
,k; part of the improveinents on Chestnut Avenue, the develozer st-iaPi widen the pavement on the south side opposite "A" Striet
IIa:~im 4' to 9' for a total length of 350 feet to provide an
overall pavement width of 44 feet.
h Iiii,-.%. I> 1 f street inprovements shall be installed on Chestnut Avenue
c2....-JL .I . .._. I . #"%e:- li)~ikks fl 14- submitted prior to the approval of the final mas.
iiirect access rights for all lots abutting Chestnut Avenue and
El Carnino Real shall be waived and relinquished on the final
map
The subdivider shall install full half street improvements on
El Camino Heal including one half of the raised median in accordance with city standards and to the approval- of the City
Engineer. The median landscaping and irrigation shall be constructed in accordance with city standards and shall be
subject to the approval of the Parks and Recreation Directcr.
?'he proposed water mains in streets 'B' and 'C' shall be
looped to other city water mains to the satisfaction of the
Ci.ty Water Department. All the necessary easements to accomplish these loopings shall be dedicated on the final cap.
I/// ec RBSO NO. 1917 -6-
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?':)e developer shall reconstruct the northwest corner of the E1
C',-i.inLllO Real and Chestnut Avenue intersection in accordance
~~i.?h a design as approved by the City Engineer. Plans for
i i;.is reconstruction and a secured agreement shall be subinitted
i.r, the city and approved by the City Engineer prior to the
?:rproval of the final map.
i:'7L~$ developer shall provide an overflow drainline from Ellery
wservoir into the storm drain at the end of Janis Way to the :;(itisfaction of the City Engineer,
'ihe proposed domestic water mains in streets 'A' and 'C' as
shown on the tentative map are specifically not approved. The
developer shall redesign these mains in accordance with the
requirements of the City of Carlsbad Water Department and the
City Engineer.
Tnlz developer shall conduct the site grading in such a manner so as to salvage as much oLr the existing 18 inch trunk lines
which presently serve ElleKy Reservoir. The salvaged pipe
shall be neatly stockpiled to one side of the site for
reinoval by city forces.
'Che developer shall provide a 15 foot wide waterline easexent
frm Ellery Reservoir to El Camino Rea!. on an alignment, as
i3pproved by the City Engineer €or a proposed waterline to he
ti:txi'Lt by the city in the future. This easement shall be
dedi.cat:ed on the final map.
,n, temporary cui-de-sa-c per Engineering Standards shall be
c,r>,;:;trtict.ed at the end of Street C at the time of construction
I<J~ this street,
all weather access road shall be maintained throughout
s::: > !1 s t r \1 c t ion .
All required fire hydrants water mains and appurtenances shall
kJe operational prior to combustible building materials being located on the project sit-e.
Adequate emergency vehicle turn-arounds shall be provided by a
cul-de-sac or a hammerhead wher. a driveway is more than 150
feet deep from a property line at the street.
r?ll private streets shall be kept clear of parked vehicles at
all times, and shall have posted "NO Parking/Fire Lane Tow Awaq
ZGne" pursuant to Section 17.04.040, Carlsbad Municipal Code.'
Fire retardant roofs are required on all structures.
All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the project shall he submitted to the Fire Department for approval prior to construction. ID LT -7-
0) I :l.IdscC?Lping along El Camino Real and Chestnut shall compllr
:$yit:h the Parks and Recreation Department's streetscape tr.?;ne
p>.jX. icy,
9) rCI-1 graded building pads riot under construction shall be
t;.-eated with a temporary seed mix cover approved by the ?;.rks
arid Recreation Department.
PASSED, APPROVED AND ADOFTED at a regular me?tii>g of :he
Commission of the city of Carlshd, Californi3, held t.he
4th day of April, 1982, by the following vote, to wit:
AYES : Commissioners Rombotis, Schlehuber and L' He-zeux.
NOES : None.
ABSEET: Chairman Farrow and Comnissioner Jose,
ABSTAIN : Comnissioners Marcus and Friestedt.
VERNON 3. FARROW, JX., Cnairxz
CARLSRAD PLANNING COM~IISSICY
'C RES0 NO. 13 7 7 -a-