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Home My WebLink About1980-07-15; City Council; Resolution 62411 2 3 4 5 6 7 a 9 3.0 11 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-7) FOR A 5-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-57) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF JEREZ COURT, LA COSTA. APPLICANT: R. SPEARE. WHEREAS, on June 11, 1980 the Carlsbad Planning Commission adopted Resolution No. 1643 recommending to the City Council that Tentative Subdivision Map (CT 80-7) and Condominium Permit (CP-57) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on July 1, 1980, held a public hearing to consider the recommenda- tions of the Planning Commission and to receive all recommenda- tions and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-7) and Condominium Permit (CP-57); and WHEREAS, Isaid Tentative Subdivision Map and Condominium Permit have been declared to have a nonsignificant impact on the environment add a Negative Declaration has been prepared and filed in compliance with the requirements of the City of Carlsbad EnvironmentaliProtection Ordinance of 1972; 1 I NOW, THE$EFORE, BE IT RESOLVED by the City Council of the City of Carlshad, California as follows: A. ThaL the above recitations are true and correct. B. That the findings of the Planning Commission in Resolution No! 1643 constitute the findings of the City Council in this matter. I 1 C. That said Tentative Subdivision Map, together with the provisions for its design and improvement and subject to I 1 2 3 4 5 6 7 8 9 10 11 19 2c 21 22 22 24 25 26 27 2e the conditions of this resolution, is consistent with all 3pplicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 80-7) and Condominium ?emit No. (CP-57) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction Df the conditdons contained in Planning Commission Resolution go. 1643, dated June 11, 1980, marked Exhibit A, attached hereto 2nd made a part hereof. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Zouncil of the City of Carlsbad, California, on the 15th day of July , 1980 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ATTEST : 1 ALETHA L. RAUTENKRANZ; City Clerk (SEAL) 2. 0 TO RESOLUTION NO. 6241 . .. I A RES9LUTIOSf OF TIIE PLANNING COP431ISSION OF THEi CITY OF CARLSRAD, CALIFORNIA, RFCOMMENDING APPROVAL OF A FIVE UNIT CONUOMINIUM DEWLOPMENT ON pROVERTY GENERALLY LCCATED ON TIIE WEST SIDE OF JERXZ COURT, LA COSTA. APPLICANT: R, SPEARE CASB 7- EO: CT 80-7/CP-57 WHEREAS, a verified application for certain property to, wit: Lot 364 ofi La Costa South Unit No. 5, City of Carlsbad, accordiPzg to Map No, 6600 filed in the County of San Dieyo, on March LOi 1970 3s been filedlwith the City of Carlsbad, and referred to th,e Laming Commissior-; and WHEREAS, said verified application constitutes a request. as rovided by Title 21 of the Carlsbad Municipal Code; and I WHEREAS, the Planlzing Commission did, on the 11th day of Junep I 980, hold a dhly noticed public hearing as prescribed by law to onsider said request; and hTEREAS, at said public hearing, upon hearing and considering 11 testimony and arguments, if any, of all persons desiring to be ,card, said Cornmission considered all factors relating to the 'entative Track Map and Condominium Permit. I NOW, THEqEFORE, BE IT HEREBY RESOLVED by the Planning i :olnmission as jfollows: 1) I That the /above recitations are true and correct. ~ 3) That based on the evidence presented at the public hearing, the Comm$ssion recommends APPROVAL of CT 80-7/CP-57, based on the following findings andsubject to the following condition I I Findings : I_ I 1) The proj ct is consistent with the city's current general pP; is within thc density range established for this sit and. due $0 the unique configuration of the property, qualif ic for a depsity somewhat below the suggested range. conditioned, the project is consistent with all other e1emen.t Also, as 1 2 3 4 5 '6 c 7 8 9 . 10 11 I2 13 14 I. 5 16 37 2.8 19 , 20 21 22 23 24 ' 25 26 27 28 I I The site i physically suj-table for the type and densi.ty of since the site is adequate in size and topography to accomns:ate residential development at the proposed density and still. $,et a13 of the cityPs condominium and subdivision regulations without creat.ing any significant environmental impacts, j The projecb is consistent with all city public facility policies apd ordinances since: ~ I The Lkucadia County Water District has allocated suffi'eient sewer connections for the project. The applicant has agreed and is required by the inclu- sion bf an appropriate condition to pay a public facilities fee. Performance of that contract and payment of t171)e fee will enable this body to find that public - faci4ities will be available concurrent with need as requiired by the general plan. I .- Schodl fees to mitiqate conditions of overcrowding &re required at the tine of building permits pursuant to ChapTer 21.55 of the Carlsbad Municipal Code. The Planning Commission has, by inclusion of an appro- priatk condition to this condominium permit and tentative subdivision mapI insured that the final map will not be approved unless the City Council finds that sewer service is ayailable to serve the project, Planning Commission has added a condition that a note be placed on the final map that building permits may not be issubd for the condominium project unless the City Engipeer determines that sewer service is available, Since the final map cannot be approved unless sewer serv{.ce is available, and building cannot occur within thc projpct unless sewer service remains available, the Planping Commission is satisfied that the requirements of the public ZaciLities element of the general plan have I beetn, met insofar as they apply to sewer service for this cond,ominium permit and tentative map approval, ~ In addition, the dcsidn of the project and all required improvements will cause any si.qnificant environmental impacts since, based I on an initiai st6dy and field investigation of the site, the Planning (Director has issued a negative declaration on May 5, 1980, IEXA No. 696. The proposed condominium project meets the criteria of Chapter 21.47 (Condominiums) since: a) I - The condominiums meet the design criteria of Chapter 21.47.110 since the overall pJ.an is comprehensive, embracing land, building, landscaping and their relation- shi$s, the driveway is not dominant feature, and SUC- ficiefit circulation and on-site amenities are provided. RES0 #lG43 -2- .” .. 1 6 1 2 3 to the approval of the final map. ~ 4 5 l5 6 7 c 4) The appl.icant shall pay park-in-lieu fees to the tit; prior 8 ‘ ’ 3.0 311 12 13 14 2) Prior to ;he issuance of building permits, the applicant shall prenare a reproducible copy (Plylar) of the final condo- . minium si$e plan incorporating a11 requirements of the condo- minium pedmit approval and shall be subject to the app- & oval of ths! Plqnning Director, The appliyant shall provide school fees to mitigate conditions of overcrowding as part of building permit application, These fee? shall be based on the fee schedule in effeck at the timc ‘of building permit application. - 3) 17 3.8 19 20 21 22 23 24 25 26 27 2% 5) This subdkvision and condominium plan is approved upon the express cbndition that the final map shall not be approved unl-ess the City Council finds as of the time of such approval that sewelr service is available to serve the subdivision, I 6) This subdivision condominium plan is approved upon the express conditio? that building permits will not be issued for devdopmqnt of the subject property unless the Ciey Engineer determin6s that such sewer facilities are available at the time of qpplication for such permits and will continue to he available until time of occupancy. determines that sewer facilities are not available, building permits hill not be issued, This appfoval is expressly conditioned on the payment by the applicant of a public facilities fee as requj.red by City Council Policy No. 17, dated August 29, 1979, on file with the City;Clerk and incorporated herein by reference, and according to the agreement executed by the application for payment of said fee. 5/5/80, ps on file with the City Clerk and incorporated herein by referpce. application will. not hc consistent with the general plan and the project cannot proceed and this approval shall be void, If the City Engineer 7) c A copy OE that agreement, dated If said fee is not paid as promised, this /IPC RES0 #1643; -3- e openers shall be installed by the ge doors prior to final occupancy of any I PASSED, APhROVED AND ADOPTED at a regular meeting of the City of Carlsbad, CaliEornia, held on 11th day of June, 1980, by the following vote, to wit: Schick, Larsonp Friestedt, Marcus, Leeds and Jose I AYES: NOES: None ABSENT: Rombotis ABSTAIN: NOne .) I I 1. l I I I PC RES0 # 1643 -4-