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HomeMy WebLinkAbout1984-10-02; City Council; Resolution 77661 2 3 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 CITY COUNCIL RESOLUTION NO. 7766 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING OF A TENTATIVE SUBDIVISION MAP FOR 56 CONDOMINIUM UNITS ON 1.56 ACRES OF PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN PIN1 AVENUE AND WALNUT AVENUE. APPLICANT: TAMARACK BEACH RESORT CASE NO.: CT 84-21 WHEREAS, a verified application for certain property to, uit: A portion of Tracts 201 and 202 of Thum Lands, in the City of Carlsbad, according to Map thereof No. 1681, filed in the Office of the County Recorder, December 9, 1915, has been filed with the City of Carlsbad, and referred to the Zity Council and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the City Council did, on the 2nd day of October, 1984, hold a duly noticed public hearing as prescribed by law to consider 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 Condominiium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, thc Council APPROVES CT 84-21, based on the following findings and subject to the following conditions: I/// //// I/// 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findinqs: The project is consistent with the City's General Plan since the proposed tentative map is consistent with the Travel Service designation specified for the site as indicated on the Land Use Element of the General Plan. 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 proposed. 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 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 for this project. b) All necessary public improvements have been provided or will be required as conditions of approval . c) 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 subdivision meets all of minimum development standards of the underlying zone, except for lot area, as permitted by the Planned Development Permit and discussed in the staff report. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 17, 1984 and approved by the Planning Commission on August 8, 1984. -2- 1 2 3 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 Conditions : Approval is granted for CT 84-21, as shown on Exhibit dated August 8, 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. "A", 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 to serve the subdivision. is availablt 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 sewei facilities are available at the time of application for such sewer permits and will continue to be available until occupancy. time of This note shall be placed on the final map. I/// //// 'I// I/// '/// 'I// '/// '/// '/// '/// '/// '/// '/// /// /// /// /// -3- 1 2 3 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 This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by Citq 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 August 6, 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. 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 to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983, 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 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 irrigatior 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 map, Said map shall show all lots and streets 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. 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. -4- 1 2 3 4 5 6 7 8 9 1c 11 12 12 14 15 16 17 1.5 19 2c 21 2% 22 24 25 26 27 28 All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director. Approval of Tentative Tract No. CT 84-21 is granted subject to approval of Redevelopment Permit/Conditional Use Permit 84-11/CP-290. All conditions of RP/CUP 84-11/CP-290, Resolution No. 038, are hereby incorporated by reference and shall be complied with in full. The applicant shall construct a 6 foot high solid masonry wall along the easterly property line. The design for such wall shall be approved by the Land Use Planning Manager prior to issuance of Building Permits and construction completed prior to occupancy. 2ngineering Department: 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 "controlled grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with 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 for the borrow or disposal site if located within the city limits. All slopes within this project shall be no steeper than 2:l. -5- 1 2 3 4 5 6 7 8 9 1c 11 12 12 14 1E 16 17 1E 12 2C 21 22 22 24 25 26 27 28 !4) 15 ) 16 ) 17 ) '/// I/// I/// '/// I/// I/// I/// '/// '/// '/// The developer shall exercise special care during the construction phase of this project to prevent any off-site siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 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. All land and/or easements required to satisfy the conditions of approval for this project shall be granted to the City, free and clear of all liens and encumbrances and without cost to the City. All improvements required as conditions of approval shall be completed to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project unless otherwise specifically noted. -6- 1 2 3 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 Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards the satisfaction of the City Engineer: Improvements shown on the Tentative Map, Walnut Avenue and Pine Avenue to local street standards except that their width shall be as shown on the Tentative Map for one-half their width adjacent to the project plus an additional twelve feet. The street shall be improved along the entire project frontage. Carlsbad Boulevard to major arterial standards, excepting only that the lane widths shall be as shown on Exhibit "A" and the developer shall construct only the portion of the street including and laying to the east of the median, The street shall be improved from the centerline of Pine Avenue to the centerline of Walnut Avenue. The median island included in this sub-item shall be installed when the City Engineer so directs. A signal system to control exiting traffic on the driveways served by Walnut Avenue. The developer shall provide a secured agreement with right of lein against the project to guarantee continued operation of the system. Street striping and signage. Street lights. Direct access rights for all lots abutting Carlsbad Boulevard shall be waived on the final map except for the two driveway entrances shown on the Tentative Map. The developer shall offer to delegate that portion of land designated as, "exist, ease, for highway, purposes.. .'I, and the corner cutoffs at the corner of Walnut Avenue and Carlsbad Boulevard and the corner of Pine Avenue and Carlsbad Boulevard. The corner cutoffs shall have radii of 25 feet and shall be tangent to the existing right-of-way line of Carlsbad Boulevard and shall be located in relation to Walnut and Pine Avenues as directed by the City Engineer. 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. -7- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All private streets and drainage systems shall be maintained by the homeowner'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 times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate: "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards. I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: Address: City, St.: Telephone: BY (Name of Engineer) Date: R.C.E. NO. # The developer shall provide the City with a reproducible mylar copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to improvement plan submittal. Prior to recordation of any final map for this development, the owner shall give written consent to the annexation of the area shown within the boundaries of the Tentative Map into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. -8- 1 2 3 4 5 E 7 E 5 1( 13 1: 1: 11 l! 1( 1' 1; 1' 21 2 2 2 2 2 2 2 2 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. The construction of all of the necessary onsite facilities for fire protection and domestic service are to be a "public water system" with an onsite intertie between Walnut Avenue and Pine Avenue. ire Department I) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department . 1) Additional public and/or on site fire hydrants shall be re- 2) All required fire hydrants, water mains and appurtenances shall quired if deemed necessary by the Fire Marshal. be operational prior to combustible building materials being located on the project site. 3) Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire De- partment. 4) 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. 5) 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. /// /// /// /// /// /// /// -9- - 1 2 3 4 E U E 'i E z 1( 1: 1: 1: 11 11 11 1' 1; 1' 21 2 2 2 2 2 2 2 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the :ity Council of the City of Carlsbad, California, held on the 2nd lay of October, 1984, by the following vote, to wit: AYES : Council ars Casler, Lewis, Chick and Prescott ABSTAIN : MARY CASLgR, Mayor lTTEST : ILETHA L. RA -10-