HomeMy WebLinkAbout1980-08-05; City Council; Resolution 6253t
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RESOLUTION NO. 6253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-17) FOR A 16-UNIT CONDOMINIUM PROJECT AND APPROVING
PROPERTY GqNERALLY LOCATED ON THE SOUTHSIDE
OF UNICORNLO STREET AT CACATUA STREET.
APPLICANT: SALEEN.
CONDOMINIUI~ PERMIT (CP-83) FOR SAID PROJECT ON
WHEREAS, on June 25, 1980, the Carlsbad Planning Commission
adopted Reselution No. 1658 recommending to the City Council
that Tentative Subdivision Map (CT 80-17) and Condominium Permit
(CP-83) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
July 15, 1980, held a public hearing to consider the recommenda-
tions of the Planning Commission and to receive all recommendations
and hear all persons interested in or opposed to Tentative
Subdivision Map (CT 80-17) and Condominium Permit (CP-83) ; and
WHEREAS, said Tentative Subdivision Map and Condominium
Permit have been declared to have a nonsignificant impact on the
environment and a Negative Declaration has been prepared and
filed in compliance with the requirements of the City of Carlsbad
Environmental Protection Ordinance of 1972;
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. 1658 constitute the findings of the City Council
in this matter.
C. That said Tentative Subdivision 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 Subdivision Map (CT 80-17) and Condominiun
Permit No. (CP-83) are hereby approved subject to all applicable
requirements of the Carlsbad Municipal Code and to the satisfactior
of the conditions contained in Planning Commission Resolution
No. 1658, dated June 11, 1980, marked Exhibit A, attached hereto
and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, on the 5th day
of August , 1980 by the following vote, to wit:
AYES : Counci 1 Members Packard, Cas1 er, Anear and Kul chin
NOES: None
ABSENT : Counci 1 Member Lewis
SNALD C. PACKARD, Mayor 1
ATTEST : 7. ,
(SEAL)
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EXHIBI@A TO RESOLUTION NO. 6253
I PLANNING COMNISSION RESOLUTION NO. 1658
A RESO1,UTION OF THE PLANNING COMMISSION OF THE
CfTY OF CARLSBAD, CAL'IFORNIA, FZCOPU4ENDING
CONDOMINIUM PERMIT TO DEVELOP 96 UNIT'S ON
PROPERTY GENEPAILLY LOCATED ON THE SOUTIISIDE OF
UNICOXNIO STREET AT CACATUA STREET,
APPLICANT : SALEEI?
CASE NO: CT 80-17/CP-83
APPROVAL OF; A TENTATIVE SUBDIVISION !*L?IP AND
WHEREAS a verif ikd application for cewtaj-n property to wit:
Lot 423 and 424 of La Costa Meadows Unit No. 3, in the County of San Diego, according to map khereof No, 7076,
filed in the Office of the County Recorder of San Diego
County, October 6, 1971
has beerr filed with the City of Carlsbad, and referred to the
Plannincj Commission; and
WHEREAS, said verified application constitutes a request as
provided by Title 21 of the Carlsbad. Municipal Code; and
WfIEREAS, the Planning Commission did, on the 25th day of June,
1980, hold a duly noticed public hearing as prescribed by law to
consider said request; and
WHEIIEAS, 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 tfic
Tcrzative Tract !Izp and Condominium Permif.
NOW, THEREFORZ, 3E IT HEREBY RESOLVED by the Planning
Co~--iss.ion as €01 10~s:
A) That the akmve recitations are true and correct,
B) That based on the evidence presented at the public hearing, the Conunission recommcnds APPROVAL of C!L' OO-l7/CP-83 bascd
on the following findings and subject. to thc foll.owing
condition s : . -I_-__
1) That the project is consistent with the city's current General
Plan because it is t\rj.thin the density range cstablishcrl for
I this site. Also, as conditioned, the project is consistent
with a11 other elevents of the General Plan,
The site is physically suitable for the type and density of
development since the site is adequate in size and topography to accommodate residential development at the proposed density
and still meet all of the city's condominiurn and subdivision
regulations withoup creating any significant environmental
impacts.
The project: is consistent with all city public facility
policies and ordinances since:
a) l The Leucadia County Water Di-strict has allocated .
sufficient sewer connections for the project.
b) The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities
fee, PerEornancc 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.
School fees to mitigate conditions o€ overcrowding are
required at the time of building perl;\its pursuant to
Chapter 21-55 of the Carlsbad P1unicipa.L Code.
The Planning Commission has, by inclusion of an approp-
riate condi-tion to this condominium pe r-mit and tentative
subdivision map, insured that the fin(3t map will not be approved unless the City Council. finds that sewer service is available; 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 issued for the condominium project unless the City
Engineer determines that sewer service is available.
Since the final map cannot be approved unless sewer
service is available, and building cannot occur within the
project unlciss sewer service rezai.ns available, 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
condominium permit and tectative map approval.
e)
d)
In addition, the
T'fic design of the project and al.1 required improvements will not cause any significant environmental impacts since, based
on an initial study and field investiqation of the site, the Planning Director has issued a negative declaration on 8Iay 29,
Tho proposed condomin'ium project meets the criteria of
Chapter 21.47 (Condominiums) since:
a)
1300, mcj NO. 704.
The condominiums meet the design criteria of Chapter 21.47 -110 since the overall plan is comprchcnsivc,
RES0 #1658 -2-
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embracing land, building, landscaping and their relation-
ships, the driveway is not a dominant feature, and sufficient circulation and on-site amenities are provided
b) Storage space, laundry facilities, open recreation areas,
parking facilities, refuse areas, separate utilities and
requirements of Section 21.47.3.30 have been met or will be conditions of approval.
6) The design of the subdivision and type of improvements will no conflict with easements fox public use of public access
through the subject property,
Conditions -
Approval is granted for CT 80-17/CP-83, 3s sl10wn on Exhibit
"A" , dated 6/6/80; Exhibit "B" and "F", dated 6/3/80, and
IXxhibits "C" , "D" , and "E", dated 6/19/80, incorporated by rc€ercnce and on file in the Planning Depar tment e Development shall. occur substantially as shown unless otherwise noted in
these conditions,
This project is approved upon the express condition
tha.t the final map shall not be approved unl.css the
City @ol;ncil finds as oE the time of suc1.i Gpproval that sewer service is hvailablc to serve the subdivision e
This project is approved upon the express condition
that building permits will not be issued for devel- opments of the subject property unless the City Engineer
determines that sewer facilities are avail'ible at the
time of application for such sewer permits and will continue to be available until time of occupancy.
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 August
29, 1979, on file with the City Clerk and incorporated herein by ref ercnce , and according to ' the agreement executed by the applicant for payment of said fee a
capy of that agreement dated February 25, 1980, is on
file with the City Clerk and is incorporated herein by
reference. If said fee is not paid a:; promised, this
application will not be consistent with the General
Plan and approval. for this project shall be void.
The subdivider shall install a retaining wall, of a inaterial
compatible with that used for the condominium building
construction, at thc property line along Alga Road approx-
imatcly 3x2' hi-gh, and shall grade the parkway to eliminate
the slope from within" the right-of-way prior to the final- occupancy of any units.
Tile applicant shall prepare a detailed landscape and
irrigation pl-ari which s1ial.l be subniittcd to and approved
by thc Planning Ucpartrncnt prior to fhal map appi:cwal .
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7) The applicant sliali establish a homeowner * s association and
corresponding covenants, conditions and restrictions, Said
CC&RfS shall be submitted to and approved by the Planning
Department prior to final nap approval.
8) 111 order to proviqe €or fire prokection during the con-
struction period, $he applicant shall maintain passable
vehicular access bo all buildings. In addition, adequate
fire hydrants with required fire flows shall be installed
on and off site as required by the Fire Department,
9) Street trees of a variety approved by the Parks and
I
Recreation Director shall be installed to ci. ti7 specificat ions
at 40 foot intervals along Unicornio Street..
10) "fie applicant shall pay park-in-lieu fees t.0 the city,
prior to the approval of the final map as pcr: Chapter
20.44 of the city's subdivision regulations.
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.
11)
12) A11 landscaped areas shall be maintained in a healthy
and thriving conditi-on, free from weedsp trash, and debris,
The applicant shall prepare a reproducible mylar of the
final condominium site plan incorporating the conditions contained herein. Said site plan shall be submitted to
arid approved by the Planning Department prior to the
issuance of building permits.
14) 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.
':'he developer shall receive the approvzl of the City
lhgineer for a site grading plan and obtain a grading permit prior to issuance of building permits,
Gradimg shall occur in accordance wit11 an approved
grading and erosion control plan, city standards, and an approved soils and geologic invcstigztLion report
which shall include slope stability calculations and
construction specifications, All esposcd sl.opcs shall
be hydromulched or otherwise stabi1-i zed prior to the
issuance of building 'permits subject to the approval of
the City Engineer.
'.
15)
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PC RES0 #I658 I/ -4-
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17) Drainage improvements shall be constructed in accordance with an approved plan, and the work shall be coordinated
with the overall plan for grading to the satisfaction
of the City Engineer,
The applicant shall provide stamped concrete or "bominite"
linking the open recreation areas. be incorporated orf the final condominium site plan,
The applicant shall enter into a future agreement for the construction of a 5 foot sidewalk along the subdivision
frontage on Alga Road prior to the approval of the final. map.
18) This revision shall
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PASSED, APPROVED AND ADOPTED at a reguiax niceking of the
Planning Commission of the City of Carlsbad I CAI-ifornia I held on
the 25th day of June, 1980, by the following voke, to wit:
AYES: Ivlarcus I Rombotis , La.rson, Leeds I ,Jor;e, Friestedt
NOES: None
ATTEST : U
'.
,/ /
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