HomeMy WebLinkAbout1984-04-17; City Council; Resolution 75771 .
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CITY COUNCIL RESOLUTION NO. 7577
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A TENTATIVE TRACT MAP FOR 132 UNITS
ON 4.1 ACRES ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF CARLSBAD BOULEVARD AND ELM AVENUE.
APPLICANT: CARLSBAD INN
CASE NO.: CT 84-6
WHEREAS, a verified application for certain property to,
lit:
That portion of Tract 97 of Carlsbad Lands, in the City of
Carlsbad, County of San Diego, State of California,
according to Map thereof No. 1661, filed in the Office of
the County Recorder of San Diego County; and all that
portion of Blocks 14 and 15 of Town of Carlsbad, in the City of Carlsbad, county of San Diego, State of California, according to Map thereof No. 535, filed in the
Office of the County Recorder of San Diego County,
ias been filed with the City of Carlsbad, and referred to the
:ity Council; and
WHEREAS, said verifed application constitutes a request as
?rovided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the City Council did, on the 17th day of April,
1984, hold a duly noticed public hearing as prescribed by law to
zonsider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Council considered all factors
relating to the Tentative Tract Map and Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, tht Council APPROVES of CT 84-6, based on the following findings and subject to the following conditions:
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?indings:
The site is physically suitable for the type and density of thf 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 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 satisfie1 that the requirements of the public facilities element of
the general plan have been met insofar as they apply to sewer service for this project.
The Carlsbad School District has written a letter, dated April 10, 1984, stating that school facilities will be
available to this project.
Park-in-lieu fees are required as a condition of approval.
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.
The proposed project is consistent with the Village Design Manual and the Time Share Ordinance and also complies with the Design Guidelines Manual.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on March 8, 1984 and approved by the Planning Commission on March 28, 1984.
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Conditions:
Approval is granted for CT 84-6, as shown on Exhibit "A", date1
March 13, 1984 and Exhibits T3" - "M", dated February 27, 1984 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 availabl 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 sewe
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 Cit Council Policy No. 17, 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 February 28, 1984, 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 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 t
the approval of the final map as required by Chapter 20.44 of the Carlsbad 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.
Land Use Planning Office
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.
The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said
CCbR's shall be submitted to and approved by the Land Use Planning Manager prior to final map approval. CC&R's shall indicate that each time share unit is restricted to on-site
parking space per unit.
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If this project is phased the commercial uses (retail shops, hotel and restaurant) shall be part of the first phase. If the condominium units are built in phases, the recreational facilities shall be included in the initial phase.
The management and maintenance program submitted as part of th
application shall receive final written approval by the Land Use Planning Manager prior to the issuance of building permits.
The applicant shall prepare a detailed landscape and irrigatio plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
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.
All roof 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.
This project shall be considered a "Time-Share" condominium project and no unit shall sell for an increment of time to exceed one months. A note indicating this shall be placed on the final map.
Approval of Tentative Tract No. 84-6 is granted subject
to approval of RP/CUP/CP 84-3.
Prior to the issuance of Building Permits, the applicant shall
reach an agreement with the Carlsbad Unified School District a
to the extent of responsibility for fulfillment of District development requirements to the satisfaction of the Land Use Planning Manager.
An agreement shall be processed and recorded pursuant to
Section 21.44.160(4)(d)(iii) of the Carlsbad Municipal Code. Said agreement shall provide for mutual easements for parking purposes and shall further provide that said easements cannot be removed or modified without the consent of the City of
Carlsbad. The developer shall not restrict the use of the on-
site parking spaces without approval of the City.
Engineering
20) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
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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 shal
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 for 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 .
The developer shall dedicate the following portions of right- of-way to the City: a) A one foot wide strip along the frontage of the project
with Carlsbad Boulevard so as to provide 51 feet of right- of-way from the center line.
with Ocean Street so as to provide a 50 foot wide right-of way.
b) A five foot wide strip along the frontage of the project
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 encumbrances.
Improvements including, but not limited to, the following iten shall be installed by the developer and approved by the City Engineer prior to filing the final map. Alternately, the installation of said improvements shall be guaranteed by a
security agreement obtained by the developer in an amount and a type required by the Carlsbad Municipal Code. To wit:
Half street plus full median improvements for the wester11
side of Carlsbad Boulevard from Oak Avenue to Elm Avenue. Half street improvements for:
1) The easterly side of Ocean Street from Oak Avenue to
2) The northerly side of Oak Avenue from Ocean Street to
3) The southerly side of Elm Avenue from Ocean Street to
Sidewalks around the entire project.
Storm drain and related facilities from the project site to the existing storm facilities on the westerly side of
Ocean Street and thence continuing in a westerly directior
to the discharge of said facilities. The storm drainage
facilities shall be equipped with (A) grease/oil trap(s)
capable of intercepting petroleum base pollutants. Street trees.
Street lights.
Elm Avenue.
Carlsbad Boulevard.
Carlsbad Boulevard.
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The developer shall ins,all a wheelchair ramp a- the public street corner abutting the subdivision in conformance with Cit:
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.
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 b
the homeowner's association in perpetuity. This responsibilit
shall be clearly stated in the CChR's.
All private driveways shall be kept clear of parked vehicles a all times, and shall have posted "NO Parking/Fire Lane Tow Awa Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
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, th
City Council may impose new conditions and may revise existing
conditions.
The developer shall preserve all trees located within areas
designated as parking areas on Oak Avenue.
The developer shall grant a non-revocable easement for perimeter sidewalks that encroach upon the project site.
Fire Department
36) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
37) Additional public and/or on site fire hydrants shall be re-
quired if deemed necessary by the Fire Marshall.
38) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and site roads and drives subject to the approval of the Fire
Marshall.
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A 1 required fire hydrants, water mains 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 .
Fire retardant roofs shall be required on all structures.
nd appurtenances shal
All fire alarm systems, fire hydrants, extinguishing systems,
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.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.
Due to lack of adequate access for firefighters purposes, the condominium buildings shall be supplied with built-in fire protection equipment deemed necessary by the Fire Chief. Thi:
equipment may include, but not be limited to, standpipe and/or
automatic fire sprinkler systems.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
:ity Council of the City of Carlsbad, California, held on
the 17th day of April, 1984, by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchh and Prescott
NOES: None
ABSENT: Council Ivb3mber Chick
ABSTAIN :
n MARY CASVR, Mayor
lTTEST :
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