HomeMy WebLinkAbout1985-09-03; City Council; Resolution 8171RESOLUTION NO. 8171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT MAP (CT 85-7) AND CONDOMINIUM PERMIT (CP-312) FOR A 136 UNIT SUBDIVISION ON APPROXIMATELY
9.95 ACRES OF PROPERTY GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF EL FUERTE STREET AND ALGA
ROAD IN THE RDM-Q ZONE. APPLICANT: LA COSTA ALTA
CASE NO: CT 85-7/CP-312
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WHEREAS, on July 10, 1985 the Carlsbad Planning
Commission adopted Resolution No. 2460 recommending to the City
Council that Tentative Tract Map (CT 85-7) and Condominium Permit
( CP-3 1 2 ) be approved ; and
WHEREAS, the City Council of the City of Carlsbad, on
August 20, 1985 held public hearings to consider the
recommendations and heard all persons interested in or opposed tc
Tentative Tract Map (CT 85-7) and Condominium Permit (CP-312);
and
WHEREAS, said Tentative Tract Map and Condominium Permit
have been declared to have a nonsignificant impact on the
environment and a Negative Declaration dated June 21, 1985 was
prepared, approved and filed by the Planning Commission on July
10, 1985 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. 2460 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 85-7 and Condominium
Permit CP-312 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. 2460, dated July 10, 1985 marked Exhibit A,
attached hereto and made a part hereof except the following
additional conditions numbered 64, 65, 66, and 67:
"64. The applicant shall agree to utilize reclaimed water pursuant to the agreement between Daon Corporation and the
San Marcos County Water District dated June 1, 1985 which is
E xh i b i t Z to the Termination Agreement between Rancho La Costa, Inc. and the San Marcos County Water District dated June
1, 1985."
"65. Reclaimed water use and water transmission and
distribution facilities shall be designed and constructed at the applicant 's sole expense pursuant to the requirements of the San
Marcos County Water District.
"66. The reclaimed water irrigation system shall be
maintained and operated consistent with the requirements of the
San Marcos County Water District and the City of Carlsbad under a contractual agreement with the Homeowner's Association that is to give the district total assurance that they would always have the ability to discharge the effluent."
"67. Irrigation systems to accommodate future reclaimec
water shall be designed consistent with Title 17 of the California State Administrative Code. Offsite future reclaimed
water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimize street excavation."
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PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
3rd day of SePwr I 1985 by the following vote, to wit:
AYES:
NOES:
ABSENT: None
Council PWrbers Casler, Kulchin, ard Chick
Council !%nbers Lewis and Pettine
ATTEST:
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PLANNING COMMISSION RESOLUTION NO. 2460
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE SUBDIVISION MAP AND
CONDOMINIUM PERMIT TO DEVELOP 136 UNITS ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF EL FUERTE STREET AND ALGA ROAD IN THE
RDM-Q ZONE. APPLICANT: LA COSTA ALTA
CASE NO: CT 85-7/CP-312
WHEREAS, a verified application for certain property to
Lot 1 of Carlsbad Tract No. 79-25(8), Phase VI City of
Carlsbad, San Diego County according to map 10820, filed
January 13, 1984
wit:
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission *did, on the lnth day of
July, 1985, 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 Commission considered all factors
relating to the Tentative Tract Map and Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission 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 85-7/CP-312, based on the following findings and subject to the following conditions:
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EXHIBIT A 5
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Findings:
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1) The project is consistent with the City's general plan since
the proposed density of 13.7 du's/acre is within the density
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range of 10-20 du's/acre specified for the site as indicated
2) The site is physically suitable for the type and density of 4
on the land use element of the general plan.
3) The project is consistent with all City public facility pol- 6
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the development since the site is adequate in size and shape
to accommodate residential development at the density pro-
posed.
icies and ordinances since:
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a) The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured 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 Yne 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) School fees will be paid to ensure the availability of
school facilities in the San Marcos school district.
c) Park-in-lieu fees are required as a condition of ap-
proval.
d) All necessary public improvements have been provided or
I 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 of the fee
will enable this body to find that public facilities will
be available concurrent with need as required by the
general plan.
f) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
25 4) The proposed project is consistent with the City's Planned
Development Ordinance and also complies with the Design
26 Guidelines Manual.
27 5) The proposed project is compatible with the surrounding future
28 residential development on the general plan.
land uses since surrounding properties are designated for
PC NSO NO. 2460 -2-
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S) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land Use Planning Manager on June 21, 1985 and approved by the
Planning Commission on July 10, 1985.
Conditions:
1 ) Approval is granted for CT 85-7/CP-312, as shown on Exhibits
"A" - "H", dated July 1, 1955, incorporated by reference and
on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions.
2) 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.
3) 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.
4) 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, 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
8, 1985, 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.
5) 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.
6) The applicant shall provide school fees to mitigate conditions
of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application.
7) 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.
8) Water shall be provided by the San Marcos Municipal Water
26 /1 District.
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1 9) The applicant shall prepare a reproducible mylar of the final
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6 11) The CC&R's described in condition 10 shall contain a provision
7 prohibiting recreational vehicles, boats and similar equipment
from being stored or parked onsite.
8 12) The applicant shall prepare a detailed landscape and irriga-
9 tion plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building
10 permits.
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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.
10) 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.
13) 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.
131/14) All parking lot trees shall be a minimum of 15 gallons in
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I-5 ll 15) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
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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.
21 18) All roof appurtenances, including air conditioners, shall be
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architecturally integrated and concealed 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.
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19) The applicant shall submit a street name list consistent with
the City's street name policy subject to the Land Use Planning
Manager's approval prior to final map approval.
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20) The project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit Dis-
trict. Said facilities shall at a minimum include a bench,
free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not
detract from Ule basic architectural theme of the project and
said design shall be subject t,o the approval of the Land Use Planning Manager and North County Transit District.
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21) The developer shall display a current Zoning and Land 'Jse Xap
rin the sales office at all times, and/or suitable alternative to the satisfaction of the Land Use Planning Manager.
22) All sales maps that are distributed or made available to the
public shall include but not be limited to trails, future and
existing schools, parks, and streets.
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Building identification and/or addresses shall be placed on
all new and existing buildings so as to be plainly visible
from the street or access road; color of identification and/or
addresses shall contrast to their background color.
Prior to occupancy of any units, "ne applicant shall construct a directory sirjrl at the entrance to the project. The design
of this sign shall be approved by the Land Use Planning
Manager.
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25) If any condition for construction of any public improvements
or facilities, or t'ne payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged, this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is
determined to be invalid this approval shall be invalid unless
the City Council determines that the project without the condition complies with a11 requirements of law.
I' l26) Slopes at the northeastern corner shall be heavily landscaped,
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featuring 24 inch box trees to the satisfaction of the Land Use Planning Manager. Grading shall be designed to include
undulated contours at this corner.
Engineering Conditions:
27) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
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128) The grading for this project is defined as "controlled grad-
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Grading shall be performed under the observation of a civil
ing" by Section 11.06.170(a) of the Carlsbad Municipal Code.
engineer whose responsibility it shall be to coordinate site
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inspection and testing to ensure compliance of the work with
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Engineer and verify compliance with Chapter 11.06 of the
the approved grading plan, submit required reports to the City
Carlsbad Municipal Code.
PC RES0 NO. 2460 -5-
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29) Upon completion of grading, the developer shall ensure that an
"as-graded" geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con-
tour map which represents both the pre and post site grading.
This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record.
6 30) No grading shall occur outside the limits of the subdivision
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the affected properties.
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31) Prior to issuance of any grading permit for this project, a
detailed landscape and irrigation plan shall be submitted to
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and approved by the Parks and Recreation Department and the
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Land Use Planning Office.
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separate grading permit issued for the borrow or disposal site
if located within the city limits.
32) A separate grading plan shall be submitted and approved and a
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All slopes within this project shall be no steeper than 2:l.
Prior to hauling dirt or construction materials to any
proposed construction site within this project the developer
shall submit to and receive approval from the City Engineer
for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose
with regards to the hauling operation.
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
Shawn 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.
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36) Additional drainage easements and drainage structures shall be
PC RES0 NO. 2460 -6-
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1 37) The drainage system shall connect to the existing storm drain
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3 38) The owner of the subject property shall execute a hold
4 harmless agreement regarding drainage across the adjacent
property prior to approval of the final map for: this project.
5 39) The emergency access along Alga Road shall be redesigned to
6 provide at least 10 feet of perpendicular stacking area,
behind the sidewalk on Alga Road prior to intersection with
7 Alley "E" and Alley "B".
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system in Alga Road. This project shall not drain via surface
runoff adjacent to public right-of-way.
40) The Alga Road access mentioned above shall be a minimum of 24
feet wide, excluding curbs, and transitions.
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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 to the satisfaction of the City Engineer:
Improvements listed in this section shall be installed or
agreed to be installed by secured agreement by the developer before the issuance of any building permit. The developer
shall obtain approval of the plans from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any building permit. The developer shall install said improvements to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy or occupancy of any portion of the project for any purpose. The improvements are:
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a) El Fuerte Street - one-half width along this project's
frontage (including offsite transitions)
b) Alga Road - one-half width along this project's frontage (including offsite transitions)
The complete internal circulation, drainage, and utility
system for this project.
All in accordance with current design standards of the
City of Carlsbad.
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be approved by the City Engineer prior to approval of the
final map for this project. 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 for this project.
PC RES0 NO. 2460 -7-
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All private streets and drainage systems shall be maintained
by the homeowner's association in perpetuity. This respon-
sibility shall be clearly stated in the CC&R's.
The developer shall construct private street accesses to public streets in such a way as to clearly designate that the
private streets are not a portion of the public street system.
The developer shall place a plaque-type sign with the legend,
"PRIVATE STREET BEYOND THIS POINT, right to pass revocable to
non-tenants at anytime'' at the access point to private streets from public streets. The script on the sign shown above shall be capital letters of a size and contrast such as I to be readable for a normally sighted person at a distance of
20 feet. The provisions of this condition shall be met to the
satisfaction of the City Engineer prior to issuance of a
Certificate of Occupancy for any portion of this project.
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45) Unless a standard variance has been issued, no variance from
City Standards are authorized by virtue of approval of this
tentative map.
46) The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
14 homeowner's association (if on comonly owned property) or the
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An appropriately worded statement clearly identifying the
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47) All concrete terrace drains shall be maintained by the
48) The main access (private street) to serve this project 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.
I' l49) Some improvements shown on the Tentative Map and/or required
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by these conditions are located off-site on property which
neither the City nor the subdivider has sufficient title or
interest to permit the improvements to be made without
aquistion of title or interest. The subdivider shall conform
to Section 20.16.095 of the Carlsbad Municipal Code.
50) 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:
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PC RES0 NO. 2460 -8-
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"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)
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Firm:
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Telephone:
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(Name of Engineer)
Date :
R.C.E. NO. # I
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 shall be submitted to the City
Engineer prior to improvement plan submittal and shall be 24"
x 36'' in size and of a quality and material satisfactory to
the City Engineer.
Prior to recordation of any final map for this development for
this project, 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.
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.
4) Developer shall, prior to final map approval, enter into an
agreement with the City for the developer to pay a traffic impact fee for the developer's share of mitigating anticipated
future traffic problems at and near the intersection of El
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Camino Real and Olivenhain Road, and at or near the
intersection of El Camino Real and La Costa Avenue. The
interim fees to be collected, at the time of building permit
issuance, shall not exceed $250 per single-family housing
unit, nor $200 per multiple-family housing unit. The amount
of such fees shall be determined by the City Council, based on
an area traffic impact study to be undertaken by the City and
concluded within six months after approval of applicant's
tentative tract map. '
55) Additional public and/or onsite fire hydrants shall be 7
Fire Conditions:
a provided if deemed necessary by the Fire Marshal.
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56) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and
onsite roads and drives to the Fire Marshal for approval.
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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 emergency access road shall be provided with "Knox"
key operated override switch, as specified by the Fire De-
partment.
Brush clearance shall be maintained according to the
specifications contained in the City of Carlsbad Landscape
Guidelines Manual. I l8
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61) All fire alarm systems, fire hydrants, extinguishing systems, I
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project shall be submitted to the Fire Department for approval
automatic sprinklers, and other systems pertinent to the
62) Where plans show parking on only one side of a private alley, 21
prior to construction.
the opposite side of the alley shall be designated as a fire
land and posted per Section 1704.040 C.M.C. z: ;- Parks and Recreation Department:
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Guidelines Manual.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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the 10th day of July, 1985, by the following vote, to wit:
3 Planning Commission of the City of Carlsbad, California, held on
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AYES : Chairman Schlehuber, Commissioners: Marcus,
Smith, Rombotis and Hall.
NOES : Commissioner McFadden.
ABSENT : None.
ABSTAIN: Commissioner L'Heureux.
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p; r , ./-,/v,5, i/ 6. ;i [\ (Pb, fj /-\
i, ut"*/. " d~j$L$&~L& '."/ -"-l
CLARENCE SCHLEHUBER, Chairman
CAFtLSBAD PLANNING COMMISSION
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15 LAND USE PLANNING MANAGER
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