Loading...
HomeMy WebLinkAbout1983-09-06; City Council; Resolution 73451 2 3 4 5 € 7 E $ 1c 11 12 12 11 1: 1t 1: 1E 1< 2( 2: 2:: 22 21 2: 2t 2'; 2E RESOLUTION NO. 7345 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 131 UNIT TENTATIVE TRACT MAP (CT 83-13) AND CONDOMINIUM PERMIT (CP-237) ON A 6.7 ACRE PARCEL ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF MARRON ROAD AND AVENIDA DE ANITA. APPLICANT: ELDER CASE NO: CT 83-13/CP-237 WHEREAS, on July 27, 1983, the Carlsbad Planning Commission adopted Resolution No. 2157 recommending to the City Council that Tentative Tract Map (CT 83-13) and Condominium Permit (CP-237) 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 83-13) and Condominium Permit (CP-237); 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 6, 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. 2157 constitute the findings of the City Council in this matter. /// /// 1 2 z 4 E e r 4 E I 1( 1: 1; 1: 1, 1 1 1 1 1 2 2 2 2 2 2 i 2 z 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 83-13 and Condominium Permit CP-237 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. 2157, 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 , 1983 by the following vote, to wit: ATTEST : AYES: Council Ivla&ers Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None A MARY H. @SLER, Mayor (SEAL) 2. 1' 2' 2 2 2 2 2 2 2 2 PLANNING COMMISSION RESOLUTION NO, 2157 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT FOR 131 UNITS ON 6.7 ACRES ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF MARXON ROAD AND AVENIDA DE ANITA. APPLICANT: ELDER CASE NO: CT 83-13/CP-237 WHEREAS, a verified application for certain property, to t: A portion of Lot "J" of the Rancho Aqua Redionda, according to Map thereof No, 823, filed in the Office of the County Recorder, November 15, 1896, and a portion of Government Lot No. 3, Section 32, Township 11 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diegot according to official plat thereof is been filed with the City of Carlsbad, and referred to the .arming Commission; and WHEREAS, said verified application constitutes 2 request provided by Title 21 of the Carlsbad Municipal Code; ar,d WHEREAS, the Planning Commission did, on the 27th day E July, 1983, hold a duly noticed public hearing as prescribed by w, to consider said request; and WHEREAS, at said public hearing, upon hearing and snsidering all testimony and arguments, if any, of all persons asiring to be heard, said Commission considere6 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) B) That the foresoing recitations are true and correct, That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 83-13/CP-237, based on the following findings and subject to the following conditions : 1 2 3 4 5 6 7 8 9 10 11 12 13 34 15 16 18 19 20 21 22 23 24 25 26 27 28 ind ing s : The project is consistent with the City's general plan since the proposed density of 19.5 du's/acre is within the density range of 70-20 du's/acre specified for the site as indicated on the land use element of the general plan, The site is physically suitable fox 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: 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 that 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 Commission is satisfied that the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service Lcor this project The Carlsbad School District has written a letter, dated May 26, 1983, stating that school facilities will be available to this project, 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 general plan, Assurances have been giverr that adequate sewer for the project will be provided by the City of Carlsbad. The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual, RES0 NO. 2157 2" 1 2 3 4 5 6 7 8 9 10 13. 12 13 14 3.5 16 3.7 18 19 20 21 22 23 24 25 26 27 28 ) This project will not cause any significant environmental impacts and a Con( itional Negative Declaration has been issued by the Land Use Planning Manager on July 6, 1983 and approved by the Planning Cominission on July 27, 1983, onditions: Approval is granted for CT 83-13/CP-237, as shown on Exhibits "A" - "H", dated July 27, 1983, incorporated by reference and on file in the Land 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 esgress cozditior! that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1932, 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 June 3, 1983, 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 cofisistent 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 Carfsbad 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 issuance, Water shall be provided by the City of Carlsbad unless some other arrangement is approved by the City Council . 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 building permits, '/// 'C RES0 MO. 2157 3, 1 2 3 4 5 6 7 E 9 1: 2c 23 2; 22 24 25 2E 25 2E 7) 9) 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 >Imager prior to final map approval. The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. A 500' scale map of the'subdivision shall be submitted to the Land Use Planning Manager prior to the recordation of the final nap. Said map shall show all lots and street.s within and adjacent to the project, All parking lot trees shall be a minimum 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 Land Use Planning Manager prior to installation of such signs. A uniform sign program for this 6evelopment shall be submitted to the Larid Use Planning Nanager for his review ail2 approval prior to occupancy of any building, 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. All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound bufr'ered from adjacent properties and streets, pursuant to Building Department Policy No, 80-6, to the satisfaction of the Land Use Planning Manager and i3uilding and Planning Director. Approval of Tentative Tract No, 83-13 is granted subject to approvill of Zone Change 283. The applicant shall provide an additional carport structure covering five spaces, in the Southeastern portion of the project. The location of said carports shall be shown on the final site plan and approved by the Land Use Planning Manager , /// C RES0 NO. 2157 4. 3, 2 3 4 5 6 7 8 9 20 lL1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ng ineering Department 13 :4 15) 16 ) !7) !8 ) !9 1 e The developer shall obtain a grading permit prior to the commencement of any.clearing or grading of the site. The grading for this project is defined as "regular grading" by Section 11,06,17O(a) of the Carlshad Municipal Code, The developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures, The developer shall also submit soils, geologic or compaction reports if required and shall comply.with all provisions of Chapter 11.06 of the Carlsbad Nunicipal 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. All slopes within this project shall be no steeper than 2:1, Xarron Road shall be dedicated by the subdivider along the subdivision frontage based on a centerline to right-of-way width of 42 feet and in conformance with City of Carlsbad Standards 2rior to filing of the final map, All land ar,d/or easements required by this project shall be granted to the City, without cost to the City, free and clear of all liens and encumbrances. Marron Road shall be improved by the subdivider along the subdivision frontage based on a centerfine to curb face width of 32 feet and in conformance with City of Carlsbad Standards prior to filing the final map or, if the City Engineer allows, the subdivider may agree to defer installation of the improve- ments to a specified time but no later than occupancy of any buildings. The agreement shall be secured as provided by law. .I -- The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards concurrent with the street improvements. The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with City of Carlsbad Standards concurrent with the street improvements. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 'I// 'I// 'C RESO NO. 2157 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 .21 22 23 24 25 26 27 28 e 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 CarSsbad 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 . All private streets and drainage systems shall be maintained by the honeowner's association in perpetuity, This responsibility shall be clearly stated 'in the CC&R's. All private driveways shall be kept clear of parked vehicles at all tines, and shall have posted "NO Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad i4unicipal Code. Laipproval 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. 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, ire Department Additional 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 access 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 security 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 17.04.040, Carlsbad Municipal Code. IC RES0 NO, 2157 6. 1 2 3 4 5 6 7 8 9 10 3.1 12 13 15 36 17 1-8 19 20 21 22 22 24 25 26 27 28 . .. 1) Fire retardant roofs shall be required on all structures. 2) Brush clearance shall be maintained within a minimum distance of 30 feet to each residence. 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: AYES : . Commissioners Marcus, Rombotis, Farrow, NOES : None ABSENT: Chairman Schlehuber, Lyttleton, Friestedt and Rawlins. ABSTAIN: None. . CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION TTEST: -- - ICRAEL J, HSLZNILLER AND USE PLANNING MANAGER 'C RES0 NO. 2157 7,