HomeMy WebLinkAbout1983-09-06; City Council; Resolution 7343a 1
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RESOLUTION NO. 7343
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A 3 LOT/72 UNIT
TENTATIVE TRACT MAP (CT 82-26) AND CONDOMINIUM
PERMIT (CP-223) ON AN 11.3 ACRE PARCEL ON PROPERTY
GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
ALICANTE ROAD AND ZAMORA WAY.
APPLICANT: T.P.B. INVESTMENT CASE NO: CT 82-26/CP-223
WHEREAS, on July 27, 1983, the Carlsbad Planning
Commission adopted Resolution No. 2153 recommending to the City
Council that Tentative Tract Map (CT 82-26) and Condominium
Permit (CP-223 ) be approved : and
WHEREAS, the City Council of the City of Carlsbad, on
August 16, 1983, held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Tract Map (CT 82-26) and Condominium Permit
(CP-223); 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
July 14, 1983 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. 2153 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 improvem nt 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 82-26 and Condominium
Permit CP-223 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. 2153, dated July 27, 1983 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
6th day of septermber , 1983 by the following vote,
to wit:
AYES:
NOES : None
ABSENT : Ig0ne
Council Menkers Casler, Lewis, Kulchin, Chick and Prescott
/I MARY H. ,C%SLER, Mayor
ATTEST :
(SEAL)
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rit :
las been
i 1, ann i ng
@ IT
TLANNING COMMISSION RESOLUTION NO. 2 153 Resolution
No. 7343
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL FOR A THREE LOT/SEVENTY-TWO UNIT
TENTATIVE TRACT MAP AND CONDOMINIUX PERMIT ON A
11.3 ACRE PARCEL ON PROPERTY GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF ALICANTE ROAD ANI)
ZAMORA WAY.
APPLICANT: T.P.B. IRVESTXENT
CASE NO: CT 82-26/CP-223
WHEREAS,.a verified application for certain property, to
Parcel 3 of Parcel Map 11722 filed October 9, 1981
and a portion of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian,
filed with the City of Carlsbad, and referred to the
Cornmission; and
WHEREAS, said verified application constitutes a request
1s provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the-27th day
If July, 1983, hold a duly noticed public hearing as pr?scribed by
aw, to consider said request; and
WAEREAS, at said public hearing, upon hearing and
ionsidering all testimony and arguments, if any, of all persons
esiring to be heard, said Commission considered all factors
elating to the Tentative Tract Map and Condominium Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
omission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 82-26/CP-223, based on the following findings and subject to the following conditions:
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e
ind ing s :
Although the proposed density of 6.3 du's/acre is below the
indicated on the Land Use Element of the General Plan, chis
in the staff report.
'density range of 10-20 du's/acre specified for the site as
.slightly lower density can be justified for the reasons stated
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:
a) The Planning Commission has, by inclusion of an appropriate 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
thzt building 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, and the Planning
Conmission is satisfied that the requirezents of the
public facilities elenent of the general plan have been met insoEar as they apply to sewer service for this
project,
b) The San Marcos School. District has written a letter, dated
December 1, 1982, stating that school facilities will be
available to this project.
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 approval,
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 oE the fee will enable this bo6y to find that public facilities will
general plan.
I be available concurrent with need as required by the
The proposed project is consistent with the City's Planned
Development Ordinance and also complies with the Design
Guidelines Manual.
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ond itions :
Approval is granted for CT 82-26/CP-223, as shown on
Exhibits "A" - "F", dated December 17, 1982, incorporated by reference and on file in the LGnd Use Planning Office,
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
available 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 April 2, 1982, OR file with the City Clerk and incorporated herein by reference, and
according to the agreement executed by the applicant for
payment of said feeI a copy of that agreer;?.eat, dated December 1, 1982, is on file with the City Clerk 2nd incorporated
herein by reference, If said fee is not paid as procised,
this application will not be consisterrt with the General Plan and appzoval 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.
The applicant shall provide school fees to mitigate conditions
of overcrowdinq as part of building permit application. These
fees shall be based on the fee schedule in effect at the time of buildir,g permit application.
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.
and Use Plannina Office
I) 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 Land Use
Planning Manager prior to the issuance of buildins permits.
1) The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions, Said
CC&R's shall be submitted to and approved by the Land Use
Planning !"lanager prior to final map approval.
'C RES0 NO. 2153 3.
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10) The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the Land
permits. . . Use Planning Manager prior to the issuance of building
11) . All parking lot trees shall be a minimum of 15 gallons in .. size.
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12) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
13) 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 Land Use Planning Manager prior to
installation of such signs.
14) 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 .
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'18) Approval of Tentative Tract CT 82-26/CP-223 is granted
subject to approval of SUP-7,
19) A maximuin of six model home units may be constructed prior to recordation of a final map provided that adequate provisions
acceptable to the Land Use Planning Manager and City Attorney are made guaranteeing removal of such complex if the final map
1 is not recorded.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded frorn view and the
sound buffered from adjacent properties and streets, pursuant
to Building Department Policy No, 80-6, to the satisfaction of the Land 3se Planning Manager and Building and Planning
Director.
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The proposed retaining walls shall have architectural treatment and landscaping to the satisfaction of the Land Use Planning Manager and shall not exceed a height of six feet.
1,Ensineerins DeRartment
The proposed fire access roads adjacent to Building Nos. 72 an
23 as shown on Exhibit "Bn shall have signs denoting that they are for emergency access only,
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'20) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
21) The grading for this project is defined as "regular grading"
by Section 11,06.170(a) of the Carlshad Municipal Code. The
developer shall submit a grading plan €or approval which shall
include all required drainage structures and any required
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erosion control measures , The developer shall also submit soilsI geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the Carlsbad
Municipal Code,
No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties.
Prior to the issuance of a grading permit, the haul route
shall be submitted for review and approved by the City Engineer. A separate grading plan shall be submitted and
approved and a separate grading permit issued €or the borrow or disposal site if located within the city limits.
All slopes within this project shall be no steeper than
2:l.
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.
Direct access rights for all lots abutting Alicante Road and Zamora Way shall be waived on the final map,
The developer shall install street lights along all public and
private street frontages in conformance with City of Carlsbad
Standards,
The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards, The trees shall
be of a variety selected from the approved Street Tree List,
The developer shall install sidewalks along all public street
frontages in conformance with City of Carlsbad Standards prior
to occupancy of any buildings,
The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with
City of Carlsbad Standards prior to occupancy of any build- ings.
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 approval of the final map, The structural section 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 standard improvement plan check
and inspection fees shall be paid prior to approval of the final map.
’C RES0 NO. 2153
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All private streets a d drainage systems shall be maintained by the homeowner’s association in perpetuity. This respon-
sibility shall be clearly stated in the CC&R‘s.
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 conditions.
Prior to approval of final map, the existing twelve foot access easement along the southwest boundary of the proposed
development shall be vacated,
Fire Department
Additiofial public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshall.
The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and on site roads and drives subject to the approval of the Fire
Marshall.
An all weather acc2ss road shall be maintained throughout construction.
All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site.
Proposed secarity gate systems shall be provided with “Knox”
key operated override switch, as specified by the Fire De-
partment.
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 to Section 77,04,040, Carlsbad Xunicipal
Code,
Fire retardant roofs shall be required on-all structures.
Al,l fire alarm system, fire hydrants, extinguishing systems, automatic sprinkiers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval prior to construction,
Building exceeding 10,000 sq-ft. aggregate floor area shall be
sprinklered or have four-hour fire walls with no openings
therein which shall split the building into 10,000 sq.ft. (Or less) areas.
The water main should be connected to Almaden Lane and to
Alicante Road as shown on the tentative map rather then Zamora Way. GJP 4: PC RES0 NO. 2153 6.
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46) fill streets shall have a minimum width of 16 feet of
unobstructed access.
Parks and Recreation
47) No existing street trees shall be removed unless written
approval is given by the Parks and Recreation Department.
No trees shall be planted within 10 feet of the curb. 48)
PASSED, APPROVED AND ADOPTED at a regular meeting of the
?lanning Commission of the City of Carlsbad, California, held on
:he 27th day of July, 1983, by the following vote, to wit:
Commissioners Marcus, Rombotis, Farrow,
Lyttletan, Friestedt and Rawlins. AYES :
NOES : None.
ABSENT: Chairman Schlehuber
ABSTAIN: None
. - - - - ...- ( ~LSBAD PLANNING COMMISSION
iTTEST:
,AND USE PLANNING GNAGER
C RESU NO, 2153 7.
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LA COSTA GOLF COURSE'
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