HomeMy WebLinkAbout1983-02-01; City Council; Resolution 7125RESOLUTION NO. 71 25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A 60 UNIT
TENTATIVE TRACT MAP (CT 82-23) AND CONDOMINIUM
PERMIT (CP-222) ON PROPERTY GENERALLY LOCATED ON
THE NORTH SIDE OF ALGA ROAD, 650 FEET WEST OF EL
CAMINO REAL.
APPLICANT: MOLA/CT 82-23/CP-222
WHEREAS, on December 22, 1982, the Carlsbad Planning
Commission adopted Resolution No. 2066 recommending to the City
Council that Tentative Tract Map (CT 82-23) and Condominium
Permit (CP-222) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
January 18, 1983, held a public hearinq to consider the
recommendations and heard all persons interested in or opposed
to Tentative Tract Map (CT 82-23) and Condominium Permit
(CP-222); and
WHEREAS, said Tentative Tract Map and Condominium
Permit have been declared to have a nonsignificant impact on the
environment and a Negative Declaration was prepared and filed on
December 7, 1982 in compliance with the requirements of the City
of Carlsbad Environmental Protection Ordinance of 1980 and the
California Environmental Quality Act;
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. 2066 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 8223) and Condominium
Permit (CP-222) 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. 2066, dated December 22, 1982 marked Exhibit A,
attached hereto and made a part hereof, with the exception of
General Condition No.28 which has been revised to read as
follows:
"The developer shall install or bond for one half a
fully improved median along the frontage of this
project. The desiqn shall be approved by the City Engineer. I'
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
Ast day of February , 1983 by the following vote, to
wit:
ATTEST :
AYES :
NOES : None
ABSENT: Wne
Council "hers Casler, Lewis, Kulchin, Chick and Presmtt
I MARY H. $ASLER, Mayor
w ALETHA L. R
(SEAL) 2. 3
RESOLUTION -NO; 71-25
PLANNING COMMISSION RESOLUTION NO. 2066
A RESOLUTION OF THE PLANNING COMMISSION OF THE
APPROVAL OF A 60-UNIT TENTATIVE TRACT MAP AND
CONDOMINIUM PERMIT ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF ALGA ROAD, WEST
OF EL CAMINO REAL.
APPLICANT: MOLA DEVELOPMENT CORP.
CASE NO: CT 82-23/CP-222
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
WHEREAS, a verified application for certain property, to
A portion of the west half of the northwest qtiarter of Section 26, Township 12 South,
Range 4 West, San Bernardino Meridian,
ias been Eiled with the City of Carlsbad, and referred to the
'laming Commission; and
WHEREAS, said verified application constitutes a request
xovidczd by Title 21 of the Carlsbad Municipal Code; and
WIiELIZAS, the Planning Commission did, on the 22nd day o€
)ec.enber, 1982, hold a duly noticed public hearing as prescribed by
.aw, to consider said request; and
WHEREAS, at said public hearing, upon hearing all testimonl
ind arglmentsr if any, of all persons desiring to be heard, said
:ommission comidered all factors relating to the Tentative Tract
lap and Condoninium Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
:omrxi.ssion as follows:
[A) That the foregoing recitations are true and correct.
:E) That based on the evidence presented at the public hearing, the Comrnlssion recommends APPROVAL of CT-82-23/CP-222, based
on the following findings and subject to the following cond it bns :
I) The proposed density of 7.8 du's/acre can be justified in this general plan category of RP4 (4-10 du's/acre) since:
a) The recreational amenities 02 the project exceed that Li
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required by the Planned Development Ordinance,
The project has been designed to minimize grading and
maximize views.
The project, as designed, minimizes any adverse impacts on
the site and to adjacent properties.
The project will be located in close proximity to commer-.
cia1 centers and to public transportation routes.
The site is physically suitable for the type and density of th
development since the site is adequate in size and shape to accommodate residential development at the density proposed.
The project is consistent with all City public facility pol-
icies and ordinances since:
‘The Planning Commission has, by inclusion of an appropriat 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 addition,
the Planning Commission has added a condition that a note
shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cmnot occur within the project unless sewer service rci~ains available, and the Planning Commission is satisf ie
that the requirements of the public facilities element of
tht? general plan have been met insofar as they apply to sewer service for this project.
The Carlsbad School. District has written a letter, dated
December 8, 1982, stating that school facilities will be available to this project.
Park-in-lieu fees ars required as a condition of approval,
All. necessary public improvements have been provided or
wil.1 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 general plan.
The proposed project is colrsistent with the City’s Planned
Development Ordinance and also complies with the Design Guidelines Manual.
The proposed project is compatible with surrounding future
land uses since the properties to the northp south and west
XES0 NO. 2066 .2
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- ~2 designated for residential developrnent on the General Plac
-*-!3 adequate buffering will be provided between this property
:rid the commercial property to the east,
.?is project will not cause any significant environmental
,?pacts and a Negative Declaration has been issued by the Land
:;%e Planning Manager on December 7, 1982, and approved by the
Planning Commission on December 22, 1982.
,-_ ?.
kneizal Conditions:
Approval is granted for CT 82-23/CP-222, as shown on Exhibits
'A" - "G", dated December 15, 1982, incorporated by reference
and on file in the Land Us? Planning Office. occur substantially as shown unless otherwise noted in these conditions.
Development shal.
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 available to serve the subdivision.
This project is approved upon the express condition that
subject property unless the City Engineer determines that sewe:
facilities are available at the time of application for such
sew~3r permits and will continue to be available until time of
> ,~~~ld5ng ,,: permits will not be issued for development of the
p .,,\.~lpa:izy,, (7 c1. - 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 Cit:
Council Policy No. 47, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said
fee, a copy of that agreement, dated October 19, 1982, 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 cnnsistent with the General Plan and approval for this project shall be void e
The ag2licant shall pay park-in-lieu fees to the City, prior tc
the approval of the final map as required by Chapter 20.44 of
the CarIssSad r4unicipal Code.
Approva:: af this request shall not excuse compliance with all.
sectioris of the Zoning Ordinance and all other applicable City ordinmces in effect at time of building permit issuance.
Water shall be provided by the City of Carlsbad unless some
other arrangement is approved by the City Council.
Lac.?, Use Pianning:
8) The applicant shall prepare a reproducible mylar of the final
PC 2ESO NO, 2066 03
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site plan incorporating the conditions contained herein.
site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
Said
The applicant shall establish a homeownergs association and
corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Land Use
Planning Manager prior to final map approval.
The applicant shall prepare a detailed landscape and irrigatieb:
plan which shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits,
AI1 parking lot trees shall. be a minimum of 15 gallons in
size.
All landscaped areas shall be maintained in a healthy and
thriviq condition, free from weedsp trash, and debris,
Any signs proposed €or this development shall be designed in conformance with the City's Sign Ordinance and shall require
review and approval of the Land Use Planning Manager prior to
installation of such signs.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location
of said receptacles shall be approved by the Land Use Planning Manager.
A11 roo€ appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the soun
buffered from adjacent properties and streets, pursuant to
Building Department Policy No. 80-6, to the satisfaction of th Land Use Planning Manager and Building and Planning Director,
AX1 guest parking spaces shall be clearly marked to the
satisfaction of the Land Use Planning Manager.
prior to occupancy of any units, the applicant shall construct
a directory sign at the entrance to the project indicating the
location of each unit. The design of this sign shall be approved by the Land Use Planning Manager and Fire Chief.
Prior to the issuance of a grading permit, the archaeological
site on this property shall be investigated as recommended on
pages 25-27 of the Biological and Archaeological Reconnaissane of this site completed by Westec Services, Inc., in March
1981
19j The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
PC RES0 NQ. 2066 .4
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2 :> ne grading for this project is defined as "controlled grading
~2-y Section 11,06.170(a) of the Carlsbad Municipal Code. 9::rading shall be performed under the observation of a civil
rAngineer whose responsibility it shall be to coordinate site 'nspection and testing to insure compliance of the work with
Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code
.- ,.lie 'e approved grading plan, submit required reports to the City
25) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of
the affected properties.
22) Additional drainage easements and drainage structures shall be
provided or installed as may be required by the County Depart-
rnent of Sanitation and Flood Control or the City Engineer.
23) Land for all public streets and easements shown on the ten-
tative map shall be dedicated on the final map and shall be
granted to City free and clear of all liens and encumberances.
24) Alga Road shall be dedicated on the final map along the sub- divisim frontage based on a right-of-way halE width of 51
feet.
25; All lard and/or easements required by this project shall be
granter3 to the City, without cost to the City, free and clear
cjf a3.l Biens and encumberances,
26) All public streets shall be improved by the developer based on
the typical sections shown on the tentative map and in confor-
mance with City of Carlsbad standards prior to occupancy of an
buildifigs.
27) Alga Road shall be improved by the developer along the subdiv% sisn frontage based on a centerline to curb face width of 41
feet- and in conformance with City of Carfsbad standards prior to occupancy of any buildings e
28) The developer shall install fully improved median along the
frontage of this project. The design shall be approved by the
City Engineer,
23) The developer shall install street lights along all public and
private street frontages in conformance with City of Carlsbad standards.
30) The developer shall install street trees at the equivalent OE
40-foot intervals along all public street frontages in confor- maace with City of Carlsbad standards, The trees shall be of variety selected from the approved Street Tree List.
31) 'The dleveloper shall install sidewalks along all public street front.ages in conformance with City of Carlsbad standards prior
to occ!rpancy of any buildings,
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The developer shall install a wheelchair ramp at the public
street corner abutting the subdivision in conformance with @it
of Carlsbad 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 b
approved by the City Engineer prior to approval of the final map. The structural section of all private streets shall
conform to City of Carlsbad standards based on R-value tests,
A11 private streets and drainage systems shall be inspected by
the City, and the standard improvement plan check and inspec- tion fees shall be paid prior to approval of the final map.
All private streets and drainage systems shall be maintained b
the homeowner's association in perpetuity- This responsibil5.t shali be clearly stated in the CC&RPs.
All concrete terrace drains shall be maintained by the home- ownerrs association (if on commonly owned property) or the individuai property 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.
No lot in this subdivision may be further-subdivided. This note shall be placed on the final map.
Approval of this tentative tract map shall expire twenty-four
months from the date of City Council approval unless a final
map is recorded, An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the
City Council may impose new conditions and may revise existing
cond it ions.
?ire Department:
39) Additional public and/or on site fire hydrants shall be re-
quired if deemed necessary by the Fire Marshall.
$0) The ap2licant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and or site roads and drives subject to the approval of the Fire
Marshall.
$1) An all weather access road shall be maintained throughout construction.
4Zj All required fire hydrants, water mains and appurtenances shal: be operational prior to combustible building materials being located on the project site.
PC RES0 NO. 2066 .6
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'reposed security gate systems shall be provided with "Knox"
rc3y operated override switch, as specified by the Fire De-
i:: ?r tme n t .
X3.1 private driveways shall be kept clear of parked vehicles a
-:l3 times, and shall have posted '$NO Parking/Fire Lane Tow Awa Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
Fire retardant roofs shall be required on all structures.
Brush clearance shall be maintained within a minimum distance of 30 feet to each residence.
A11 fire alarn: systemsf fire hydrants, extinguishing systemsi 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 sq. €t. aggregate floor area shall. bc sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas.
Parks and Recreation: -
43) Firewheel trees (stenocarpus sinatus) shall be planted in the
-
modian constructed on Alga Road. ..
50j The following species of trees shall be planted along the Alga
Road frontage:
Bottle Tree Magnolia (species)
Guatemala Holly
PASSED, APPROVED AND ADOPTED at a regular meeting of the
PPaizrcFng Comission of the City of Carlsbad, California, held on th
22nd day of Deceinber, 1982, by the following vote, to wit:
AYES: Chairman Farrow; Commissioners Schlehuber,
NOES: None
Friestedt, Rombotis, Rawlins, andJose.
ABSENT: Commissioner Marcus
CARLSBA PLANNING C~MMI ss I ON \
LAN2 USE PLAIJNING MANAGER
PC RESC NO. 2066 .7