HomeMy WebLinkAbout1982-08-03; City Council; Resolution 69641
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RESOLUTION NO. 6964
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS TENTATIVE TRACT MAP (CT 81-30) AND CONDOMINIUM PERMIT (CP-174) ON 27.599 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND PASEO DEL NORTE IN THE P.C.
ZONE.
APPLICANT: PACESETTER CASE NO.: CT 81-30/CP-174.
WHEREAS, on June 23, 1982, the Carlsbad Planning
Commission adopted Resolution No. 1978 recommending to the City
Council that Tentative Tract Map (CT 81-30) and Condominium
Permit (CP-174) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
July 20, 1982 held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Tract Map (CT 81-30) and Condominium Permit (CP-174)
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
February 4, 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. 1978 constitute the findings of the City Council
in this matter.
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C. That said Tentative Tract 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 Tract Map (CT 81-30) and Condominium
Permit (CT-174) 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. 1978, dated June 23, 1982 marked Exhibit A,
attached hereto and made a part hereof, with the exception of
the following conditions:
shown on new Exhibits A and B, dated August 3, 1982, which replace Exhibits A and B, dated June 18, 1982.
1. Approval is granted for CT 81-30/CP-174, as
2. Conditions number 34 and 35 are deleted.
3. The addition of condition number 50 to read as
"Water shall be provided by the City of Carlsbad
follows:
unless some other arrangement is approved by the City Council."
4. The addition of condition number 51 to read as follows:
"Applicant shall redesign the internal circulation
of the project to eliminate the access to the north to Camino de
las Ondas and to add a second access to Paseo del Norte. The redesign shall be to the satisfaction of the City Engineer and shall be done prior to approval of the final map."
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PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
3rd day of August , 1982 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Chick and hear
NOES : None
ABSENT: Council Kember Kulchin
MARY H.$ASLER, Mayor
ATTEST :
(SEAL)
3.
B EXHIBIT A
\ RESOLUTION NO. 6964
PLANNING COMMISSION RESOLUTION NO. f978
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, REC0I;PIENDTNG
APPROVAL OF A 260 UNIT TENTATIVE TRACT MAP AND
CONDOMINIUM PEREIIT ON 27.599 ACRES OF PROPERTY
' GENERALLY LOCATED ON THE NORTHEAST CORNER OF
POIIiJSETTIA LANE AND PASEO DEL NORTE IN THE
P.C. ZONE
APPLICANT: PACESETTER
CASE NO: CT 81-3O/CP-171
WHEREAS, a verified application for certain property to,
flit:
A portion of CT 73-23, Map No. 8081, County of San Diecjo,
€iled February 28, 1975
ias been filed with the city of Carlsbad, and referred to the
?lanning Commission; and
WHEREAS, said verified application constitutes a reqaest as
?rovided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 23rd day of
June, 1982, hold a duly noticed public hearing as prescribed by
Law to consider said request; and
WHEIIEAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
Aesiring to be heard, said Commission considered all factors
relating to t.he Tentative Tract Map and Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows: ..
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 81-30/CP-174 to the City Council.
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based on the following findings and subject to the following conditions:
F j. nd in g s :
7) The project is consistent with the city's General Plan since
the proposed density of 9.4 du's/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 Gencral Plan and can be
justified for the following reasons:
a) The project is comprehensively designed t.aking into
account the site's topographical features.
Specifically, the units are designed to maximize views
to the west and east. These views are considered a
design amenity over and above that required by the Condominium Ordinance.
b) The project provides recreation area in excess of that
The site is physically suitable for the type and defisity of
the development since the site is adequate in size and shape
to accomfimdate residential development at the density pro-
psed *
required by the Condominium Ordinance.
2)
3) The project is consistent with all city public facility pol- icies and ordinances since:
a) 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 pernits nay not he 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 Commission is
satisEied that the requirements of the public facilities
element of the General l'lan have been met insofzr as they
apply to sewer service for this project,
b). School facilities will be available in the Carl.sbad
'; School District pursuant to a letter from that district
dated December 9, 1981.
c) Park-in-lieu fees are required as a condition of ap- proval.
d) All necessary public improvements have been provided or will be required as conditions 'of.approva1.
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PC RESO NO. 1978 -2-
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e) 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.
f) . Assurances have been given that adequate sewer for the
project will be provided by the city of Carlsbad.
The proposed project is compati.ble with the surrounding future land uses since surrounding properties are
designated for residential development on the General Plan.
This project, as conditioned, will not cause any significant
environmental impacts and a Conditional Negative
Declaration has been issued by the Planning Director on
February 4, 1982 and approved by the Planning Commission on
June 23, 1982.
None of the improvements required to be made by Carlsbad
Tract No. 73-23 have been made. All pubic sewer, utility, .drainage and access easements shown on the final map for
Carlsbad Tract No. 73-23 will be superseded by the
requirements for improvements and dedications of this
approval and are therefore unnecessary €or present or future public purposes. ..
No lots shown on Carlsbad Tract No, 73-23 have been
conveyed or recorded,
All previously baid fees and deposits, except for
processing fees, for Carlsbad Tract No. 73-23 are
unnecessary to accomplish the purposes of Title 21 and nay be returned to the developer. Howeverr developer shall pay all fees required by this approval. All previous
irnproveroent securities for Carlsbad Tract No. 73-23 will be
replaced by improvement securities for this approval and are therefore unnecessary and may be released. Return of
fees or release of securities shall occur upon recordation
of the filial map for this project (CT 81-30).
:onditions :.
;eneral' Conditions:
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I) Approval is granted for CT 81-3O/CP-174, as shown on Exhibits
A and B, dated June 18, 1982 and Exhibits D-F, dated Jurie 1
1982, incorporated by reference and on file in the Planning
Department. Development shall occur substantially as shown unless otherwi.se noted in these conditions.
2) This project is approved upon the express condition that the
final map shall not; be approved unless the City Council fj.nds : as of the time of such nlqiroval that sewer service is avaLl-
able t.o serve the subd ivis i on.
g- 'C R1:SO NO. 1978 -3-
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 April 2, 1982, on file
with the City Clerk and incorporatzd herein by reEerence, and
according to the agreement executed by the applicant for pay-
ment of said fee a copy of that aSreeinent dated June 15, 1982
is on file with the City Clerk and incorporzted herein by
reference. If said fee is not paid as promised, this
application ttlill 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 i\lunicipal 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 issuance.
'lanning - Department:
The applicant shall submit a detailed recreation plan indicating the recreation facilities to be placed in the
passive recreation areas as shown on Exhibit B. Said plans shall be submitted to and approved by the Planning Director prior to the issuance of any building permits.
All parking spaces shall be set back a minimum or' 10 feet Eroin any property lilies adjacent to a public street.
The applicant shall submit a det.ailed plan indicating the
location and amount of storage space to be provided for
each unit. This plan shall be subject to the approval of the Planning Director prior to .the issuance of any building permits.
All liindscapcd 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 Departmcnt prior to installation of such signs.'.
Trash receptacle areas shall be enclosed by a 6-foot high
masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning ni rector.
'C RESO NO. 1378 -4-
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13) All roof appurtenances, including air conditioners, shall
be architecturally integrated and shielded from view and
the sourtd buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Director e
14) The applicant shall submit a street name list consistent
with the cityls street name policy subject to the Planning Director's approval prior to final map approval.
15) Approval of this tentative tract map shall expire twenty-
four months from the date oE City Council approval unless a
final map is recorded. An extension may he requested by the applicazt. at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions.
Said extension shall be approved or denied
Engineering :
16) The developer shall obtain a graaing permit prior to the com-
mencement of any clearing or grading of the site.
17) The grading for this project is defined as "controlled grad-
ing" by Section 11.05.170(a) of the Carlsbad hlunicipal Code,
Grading shall be performed under the observation of a civil engineer whose responsibility it shall he to coordiriate site
inspection and testing to insure compliance of the work with the approved grzding plan, submit required reports to the
City Engineer and verify compliance with Chapter 11.06 Gf the Carlsbad Municipal Code.
18) 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
Department of Sanitation and Flood Control or the City Engi-
neer.
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20) Land for all public streets and easements shown on the ten- tative map shall be dedicated on thc.fina1 map and shall be granted to city free and clear of all liens and encumbcr-
ances.
All land and/or easements required by this project shall be
granted to the city, without cost to the city, free and clear of all liens and cncumberances.
A11 public streets shall be improved by the developer based
on the typical sections shown on the tentative map and in
conformance with City of Carlsbad Standards prior to occu-
pancy of any bui1.dings.
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The developer shall install street lights along all public and private street frontages in conformance with City of
Carlsbad Standards.
The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water
agencies regarding services to the project.
All private streets and drainage systems shall be maintained
by the homeowner's association in perpetuity, This respon- sibility shall be clearly stated in the CC&R's.
All concrete terrace drains shall be maintained by the home- owner's association (if on commonly owned property) or the individual pro9erty owner (if on an individually owned lot) in
perpetuity, An appropriately worded statement clearly
identifying the responsibility shall be placed in the CC&R's.
Direct access rights for all lots abutting Poinsettia Lane,
Paseo del Norte and Camino de Las Ondas shall be waived on the final map. Dedications for Poinsettia Lane, Paseo del
Norte and Carnino de Las Ondas as shown on Carlsbad Tract No. 73-23 shall be retained by city except as otherwj.se
specifically shown on the final map for this project (CT 81-
30) *
Prior to the approval of the final map the subdividsr shall submit a detailed set of hydrology calculations for the
subdivision prepared by a registered Civil Engineer. Upon
review of these calculations, the City Engineer may require
that the storm drain located at the corner of Poinsettia Lzne and Paseo del Norte be extended north along Paseo del Worte to
eB*' Street.
The developer shall construct a secondary access road frDm tlie
project to the intersection of Lagoon Lane and Poinsettia
Lane prior to the construction of any units within the Phase 4
area. The access road shall hax7e a minimum 28-foot wide paved section within a publicly dedicated easement along an alignment as shown on the-tentative map. P1ar.s for
construction and secured agreements for this improvement shall
be submitted to and approved by the city prior to the
recordation of the final map.
The developer shall install a desiltation basin within an
adequate easement and designed to the satisfaction of the
County Department of Sanitation and Flood Control and the City Engineer at the low end of the drainage improvemcnts on the
east half of the grading activities for the project.
The dcvelopcr shall post a separate' grading and erosion control bond for the construction and. maintenance of thc
desiltation basin. Upon acccptance of thc pub1 ic improvements
for this subdivision, the bond shall be rcduccd.to it sufficient ninountr. cis dctermincxl by the City Englnccr for the
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continued maintenance and eventual removal of the
desiltation basin. This bond shall he retained by the city
until such time as the City Engineer determines the slopes
have been satisfactorily stabilized and the basin is
removed.
The developer shall enter into a secured agreement for one-eighth of the cost of the installation of the traffic signal at the intersection of Poinsettia Lane and Lagoon Lane. This secured agreement shall be submitted to and approved by
the city prior to the approval of the final map.
The developer shall install half street improvements, including a raised median, on Poinsettia Lane for a11 public
right-of-ways adjacent to the subdivision j r: accordance with
city standards and based upon a centerline LO curb width as
follows: 41 feet for Poinsettia Lanep 32 feet for Paseo del
Norte, and 32 feet for Camino de las Ondas.
The developer shall agree to financially participate in a
study to be jointly funded by a11 developers and owners in the area prior to final map approval. The purpose of the study
will be to:
1) Determine the bridge and brj.dge approach requirements for Poinsettia Lane structures over Interstate 5 and
the AT&SF Railroad; and
2) To determine a method of financing area of benefit and
proportional share of cost required from each property owner.
The developer shall agree to participate in a financing plan
and pay a pro rata share of cost of the Poinsettia bridge over
1-5, To this end, the developer shall sign an appropriate
agreement in a form acceptable to the city prior to final map approval ,
The applicant shall agree to utilize reclaimed water, in Type
I form, on the subject property in all common areas as approved by the City Engineer.
The reclaimed water irrigation system shall be maintained and operated consistent with the requirements of the City of
Carlsbad, under a contractural agreement with thc homeowner's association that is to give the city total assurance that they
would always have the ability to discharge the effluent.
Irrigation system to accommodate future rec1,aimed water shall
be designed consistent witlr Title 17 of the California Statc
Admin Code, Off site future rcclai,nied water distribution systcins should be anticipated by thc installation of
adequately sized sleeves at crossing points to minimize street
excavation.
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a
ire Department:
The applicant shall install an automatic fire sprinkler system in all the buildings subject to the approval of the Fire
Marshall prior to final occupancy of any units. This
requirement may be waived if a satisfactory alternative is
spproved by the Fire Marshall.
An all weather access road shall be maintained throughout
construction.
At the time of construction of a phase, all required fire
hydrants, water mains and appurtenances shall be operational within that phase prior to combustible building materials
being located on the project site subject to the approval of the Fire Marshall.
All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted, "NO Parking/Fire Lane Tow
Away Zone", pursuant tc Section 17.04.040, Carlsbad Municipal
Code
Fire retardant roofs are required on all structures.
All fire alarm systems, fire hydrants, extinguishing systemsF automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval prior to construction.
Building exceeding 10,000 square Eeet aggregate floor area
shaI.1 be sprinklered or four-hour fire walls with no openinqs
therein shall split the building into 10,000 square feet (or
less) areas.
'arks and Recreation:
6) All. landscaping along Poinsettia Lane and along any public
median islands shall comply with the Parks and Recreation Department's theme streetscape policy, Plans for said land-
scaping shall be submitted t.o and approved by the Parks and Recreation Dj.rector prior' to the issuance of any building
permits.
!7) The applicant shall install a city entry sign pursuant to the
Parks and Recreation theme streetscape policy prior to final occupancy of any units,
using a combination of landscapilig and ferming subject to the
approval of the Parks and Recreation Director.
Lots 100 and 101 as shown on Carls6ad.Tract No. 73-23 sha1.1
he designabed as a rcinai.nCier parcel on the final III~J?. i:xcr-?pt
for Street, utility or drninaqt' improvcmcnts, no develop1ictlt shall occtir on the rcrnaindcr parcel until it is furtllcr subdivicfcd. A note stating this restriction shall bc L)13ccd on the fitial. map.
f8) All parking areas shall be screened from public right-of-way
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Plan-
ing Commission of the City of Carlsbad, California, held on the
3rd day of June, 1982, by the following vote, to wit:
AYES:
NOES : None.
Chairman Farrow, Commissioners Marcus, Rar&”bis,
Schlehuber, Jose and Friestedt.
ABSENT : Comiiissioner Rawlins.
ABSTAfN : None. P
!TEST :
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PC RESO. NO. 19711 -9-
TRAFFIC COUNT5
PACESETEER HOMES