HomeMy WebLinkAbout1986-08-26; City Council; Resolution 8778I
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8778 RE SOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN 18 UNIT
TENTATIVE TRACT MAP (CT 84-43) AbTD CONDOMINIUM
PERMIT (CP-302) ON 1.5 ACRES ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF LUCIERNAGA
STREET, AT THE FIRST UNDEVELOPED PROPERTY EAST OF
CEBU STREET.
APPLICANT: CASA LOMA CONDOS
CASE NO: CT 84-43/CP-302.
WHEREAS, on July 23, 1986 the Carlsbad Planning
Commission adopted Resolution No. 2548 recommending to the City
Council that Tentative Tract Map (CT 84-43) and Condominium
Permit (CP-302) be approved: and
WHEREAS, the City Council of the City of Carlsbad, on
August 19, 1986, held a public hearing to consider the
recommendations and heard all persons interested in or opposed t<
Tentative Tract Map (CT 84-43) and Condominium Permit (CP-302):
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 August 24, 1985,
was prepared, approved and filed by the Planning Commission on
July 23, 1986 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. 2343 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 84-43 and Condominium
Permit CP-302 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. 2548 dated July 23, 1986 marked Exhibit A
attached hereto and made a part hereof with the exception of the
following:
1. Condition No. 21 has been amended to read as
follows:
"21. No final map shall be approved without compliance
with the growth management plan, citywide facilities plan and
local plans. Any conditions determined to be necessary by
Council to insure compliance with such plans may be added by
Council to this approval which shall be complied with prior to
approval of the final map. No final map or building permit can
be approved until after adoption by the Council of the citywide
and local facilities plans for this property."
2. Condition No. 53 has been amended to read as
follows:
"53. This project shall pay the traffic impact fee
established pursuant to Chapter 18.42 of the Carlsbad Municipal
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Code and the bridge and thoroughfare benefit district fee."
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California on the 26th
day of August , 1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, and Kulchin
NOES: Council Member Pettine
ABSENT: None
AB STAIN : Council Member Chi k VfL-
MARY H. C$fSLER, Mayor
ATTEST :
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PLANNING COMMISSION RESOLUTION NO. 2548
TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY I
GENERALLY LOCATED ALONG THE NORTH SIDE OF LUCIERNAGA
STREET, AT THE FIRST UNDEVELOPED PROPERTY EAST OF CEBU
STREET.
APPLICANT: CASA LOMA CONDOS
CASE NO.: CT 84-43/CP-302
8j wit:
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Lots 393 and 394 of La Costa Meadows Unit No. 2, in the
County of San Diego, State of California, according to Map thereof No. 6905, filed in the Office of the County
Rpcorder of San Diego, April 21, 1971,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
as provided by Title 21 of the Carlsbad Municipal Code; and
. WHEREAS, said verified application constitutes a request
WHEREAS, the Planning Commission did, on the 25th day of
231 24, I
Commission as follows:
A) That the above recitations are true and correct.
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Fi nd i ngs:
Tne project is consistent witn the City's General Plan siqce tne proposed density of 12 du's/acre is w tnin tne density range of 8 - 15 du's/acre specified for tne site as indicated ' on tne Land Use Element of tne General Plan.
Tne site is pnysically suitable for the type and density of i tne development since tne site is adequate in size and snape i
posed.
to accommodate residenti a1 development at tne density pro- !
Tne project is co-nsistent with all City public facility pol- icies and ordinances since:
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PC RES0
The Planning Commission has, by inclusion of an appropriate condition to this project, ensured tnat tne final map will not be approved unless tne City Council
finds that sewer service is available to serve the 'project. In addition, the Planning Commission has added 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 tnat the requirements of tne Public Facilities Element of the General Plan nave been met insofar as they apply to sewer service for this project.
The San Marcos School District has written a letter, date November 13, 198'4., stating that school facilities will be available to this project.
Park-in-lieu fees are required as a.condition of ap- proval.
,A1 1 necessary pub1 ic 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 tnat contract and payment of tne 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 given tnat adequate sewer for tne project will be provided by the Leucadia County Water Oi str ict.
NO. 2548 -2- 28 ij il
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1 and uses since surrounding properties are designated for 5) The proposed project is compatible with the surrounding future
residential development on the General Plan.
6) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on August 24, 1985 and approved by the
Planning Commission on July 23, 1986.
7) This project requires the construction of the improvements or
facilities listed in the conditions of approval or the pament,
direct need for the improvements or facilities for the reasons
stated in the staff report. If the improvements' or facilities I
ar? not provided the project will create an unmitigated burden 1
improdements and facilities are necessary to provide safe,
adequate and appropriate service to future residents of the
8) The applicant is by condition, required to pay any increase in
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of fees in lieu of construction. This project creates a ~
or-, existing improvements and facilities. Further, the I
project consistent with City goals, policies and plans. I
public facility fee, or new construction tax, or development
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program ultimately adopted by the City of Carlsbad. This will ensure continued availability of public facilities and will
mitigate any cumulative impacts created by the project.
as of the time of such approval that sewer service is I
available to serve the subdivision. I I
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ihis project 1s ais0 approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on April 22, 1986 and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code to implement the growth managemen: system or public facilities phasing plan and to fulfill the ' subdivider's agreement to pay the public facilities fee dated June 16, 1986 a copy of which is on file with the City Clerk
and is incorporated by this reference. If the fees are not
paid 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 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 condition 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.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable Cit ordinances in effect at time of building permit issuance.
Water shall be provided by the San Marcos Municipal Water District.
All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clear1 marked with small pole signs to be approved by the Planning D i rector.
P1 anning Department:
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The applicant shall prepare a 24" x 36" reproducible myl.ar of the final site pl an incorporating the conditions contained herein. Said site plan shall be submitted to and approved bj the Planning Director 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 Planning Director 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 Planning Director prior to the issuance of grading or buildir permits, whichever occurs first. .
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A 500' scale map of the subdivision shall be submitted to tne Planning Director prior to the recordation of tne final map. Said map snall Snow all lots and streets within and adjacent to tne project.
All landscaped areas snal thriving condition, free
Any signs proposed for tn conformance witn tne City
be maintained in a healtny and rom weeds, trasn, and debris.
s development snall be designed in s Sign Ordinance and snall require review and approval of tie Planning Director prior to installation of sucn signs.
Trasn receptacle areas snall be enclosed by a six-foot nign masonry wall witn gates pursuant to City standards. Location of said receptacles snall be approved by tne Planning Director.
All roof appurtenances, including air conditioner.s, snall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to tne satisfaction oi tne Directors of Planning and Building.
Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from tne street or access road; color of identification and/or addresses snall contrast to their background color.
If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by tnis approval or imposed by law on tnis project art cnallenged tnis approval snall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid tnis approval snall be invalid unles: tne City Council determines tnat tne project witnout tne condition complies with all requirements of law.
Tnis project is being approved as a condominium permit for residential nomeownersnip purposes. If any of tne units in tne project are rented, tne minimum time increment for sucn rental snall be not less tnan 26 days. A condition so statin tnis snall be placed in the C.C.&R's for tne project.
Before obtaining a final map or building permit, wnicnever occurs first, the applicant snall: a) agree to pay any increase in tne public facilities fee or additional tax on nei construction and/or new development fees establisned by the City Council prior to July 20, 1986; b) agree to abide by any additional requirements establ isned by tne development management system or phasing plans which may be ultimately adopted by tne City of Carlsbad. Tnis condition complies wit City Council Ordinance No. 9791.
PC RES0 NO. 2548 -5-
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All retaining wall greater than four feet required on tne property snall be designed and constructed in a crib fashion
and snall be appropriately landscaped to the satisfaction of tne Planning Director. Retaining walls less tnan four feet snall be of a color coordinated slumD stone witn red brick cap. All crib wall planting Shall be properly maintained and snall be tne responsibility of tne homeowner's association. Tne CC&R's snall state this clearly.
CC&R's snall contain a provision pronibiting tne parking or storage of recreational venicles onsite.
The homeowner's association snall be responsible for the 1 andscape maintenance of a1 1 common recreation areas', yards, and other open areas including tne existing large fill slope at tne rear of the lot.
E n gi n eer i n g Department :
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The developer snall obtain a grading permit prior to tne commencement of any clearing or grading of the site.
The grading for this project is defined as "controlled grad-
ing" by Section 11.06.170(a) of tne Carlsbad Municipal Code. Grading Shall be performed under tne observation of a civil engineer wnose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work witn tne approved grading plan, submit required reports to tne Citj Engineer and verify compliance witn Chapter 11.06 of the Carlsbad Municipal Code.
Upon completion of grading, tne developer Shall ensure that af "as-graded" geologic plan shall be submitted to the City Engineer. Tne plan Shall clearly snow all tne geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con- tour map wnicn represents both tne pre and post site grading.
This plan snall be signed by botn tne soils engineer and tne engineering geologist. Tne plan snall be prepared on a mylar or similar drafting film and Shall become a permanent record.
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28) Prior to processing any development plans for tnis project tne applicant shall submit and receive tne City Engineer’s approval of a revised tentative map, clearly delineating proposed grading, retaining walls, and signt distance requirements.
unless a letter of permission is obtained from tne owners of tne affected properties.
separate grading permit issued for tne borrow or disposal site
29) No grading snall occur outside the limits of tne subdivision ’
30) A separate grading plan snall be submitted and approved and a ’
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I if located witnin tne city limits. I
31) All slopes witnin tnis project snall be no steeper tnan 2:l.
32) Prior to nauling dirt or construction materials to any proposed construction site witnin tnis project tne developer snall submit to and receive approval from tne City Engineer for tne proposed naul route. Tne developer snall comply witn all conditions and requirements tne City Engineer may impose
with regards to the hauling operation.
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tne start of any otner grading operations. Prior to tne removal of any basins or facilities so constructed the area
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provided or installed as may be required by tne City Engineer.
narmless agreement regarding drainage across tne adjacent property prior to approval of the final map for this project.
36) Tne design of tnis project snall include offsite drainage repair if necessary to provide adequate drainage of the slope 1
35) Tne owner of tne subject property snall execute a nold
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Tne developer shall make an offer of dedication to tne City for all public streets and easements required by tnese conditions or snown on the Tentative Map. The offer snall be , made by a Certificate on tne Final Map for tnis project. All I land so offered snall be granted to tne City free and clear of all liens and encumbrances and without cost to tne City. , Streets tnat are already public are not required to be rededicated .
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Plans, specifications, and supporting documents for all improvements snall be prepared to tne satisfaction of tne City Engineer. Prior to approval of the final map, tne Subdivider snall install, or agree to install and secure with ,appropriate security as provided by law, improvements snown on tne tentative map and tne following improvements to City Standards to tne satisfaction of the City Engineer:
a) All sewer, water and storm drain improvements required to
b) Onsite circulation and access of tnis project, c) The re-design of access at Luciernaga Street to provide
d) Tne retaining wall (concept only) as incorporated into
serve tnis project,
clear site distance,
tne grading plan. ..
Improvements listed above snall be constructed Hitnin 12 montns of final map approval and/or improvement plan approval, wnicnever occurs first.
Unless a standard variance has been issued, no variance from City Standards is autnorized by virtue of approval of 'tnis tentative map.
Tne developer snall install street lignts along'all public and private street frontages in conformance witn City of Carlsbad Standards.
Tne developer snall install street trees at tne equivalent of 40-foot intervals along all public street frontages in conformance witn City of Carlsbad Standards. Tne trees snall be of a variety selected from tne approved Street Tree List.
The developer snall install sidewalks along all public street frontages in conformance witn City of Carlsbad Standards prior to occupancy of any buildings.
Tne developer snall comply with all tne rules, regulations and design requirements of tne respective sewer and water agencies regarding services to tne project.
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The design of all private streets and drainage systems snall
be approved by tne City Engineer prior to approval of tne final map for tnis project. Tne structural section of all private streets shall conform to City of Carlsbad Standards
I based on R-value tests. All private streets and drainage systems snall be inspected by tne city, and the standard improvement plan cneck and inspection fees Shall be paid priori to approval of tne final map for tnis project.
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Tne developer Shall provide an acceptable means for maintaining tne easements witnin tne subdivision and all tne streets, sidewalks, street lignts, storm drain facilities and sewer facilities located tnerein and to distribute tne costs
of sucn maintenance in an equitable manner among the owners of the units witnin the subdivision.
All concrete terrace drains snall be maintained by the nomeowner's association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying tne responsibility snall be placed in the CC&R's.
All private driveways shall be kept clear of parked vehicles at all times, and snall nave posted "NO Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
All plans, specifications, and supporting documents for tne improvements of tnis project shall be signed and sealed by the Engineer in responsible cnarge of tne work. Eacn sneet snall be signed and sealed, except tnat bound documents may be signed and sealed on their first page. Additionally tne first sneet of eacn set of plans snall nave tne following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare tnat I am tne Engineer of Work for tnis project, tnat I nave exqrcised responsible cnarge over tne design of tne project as defined in Section 6703 of tne Business and Professions Code, and tnat tne design is consistent witn current standards.
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I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a revied only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Tel ephone of Engineering fi rm)
Firm:
Address:
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City, St.:
Telephone:
BY Date: (Name of tngi neer 1
R.C.E. NO. #
50) The developer shall provide the City with a reproducible myla copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect the conditions o approval by the City. The map shall be submitted to the City Engineer prior to improvement plan submittal.
51) 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.
52) Developer shall, prior to building permit approval, pay the traffic impact fee established by Chapter 18.42 of the Carl sbad Municipal Code.
53) Before and as a condition of obtaining a final map, or final development permit or site plan approval under Title 21 of th Carlsbad Municipal Code, the subdivider shall enter into a contract with the City whereby the subdivider covenants on behalf of the subdivider and subdivider's successors in interest to the following:
a) Not opposing and consenting to the formation of a bridge and major thoroughfare district in the area of this project.
b) Payment of the bridge and major thoroughfare fee for the area of the district in which this development is 1 ocated.
(A note reflecting a. and b. shall be placed on the final
map. 1
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54) Pursuant to the provisions of Section 20.20.050(1) of the Carlsbad Municipal Code, a parcel map may be filed in lieu of a final map. Whenever reference is made in these conditions
to a final map, the reference shall apply also to a parcel map filed in lieu thereof. I
Fire Department:
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I 56) Additional public and/or onsite fire hydrants shall be I provided if deemed necessary by the Fire Marshal.
showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval.
57) The applicant shall submit two (2) copies of a site plan
I key operated override switch, as specified by the Fire De- par tmen t . i 1
at all times, and shall have posted "NO Parking/Fire Lane-Tow 61) All private driveways shall be kept clear of parked vehicles
58) An al'l -weather access road shall be maintained throughout construct i on.
59) All required fire hydrants, water mains and appurtenances shall be operational prior to. combustible building materials being located on the project site.
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64) 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.
65) Decks overhanging the driveway shall be protected by an automatic sprinkler system designed to specifications dictated by the Fire Marshal.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 23rd day of July, 1986, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McBane,
NOES: None.
ABSENT: Commissioner Schramm.
ABSTAIN: None.
Marcus, McFadden, Holmes & Hall.
ATTEST:
PLANNING DIRECTOR 6'- '
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