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HomeMy WebLinkAbout1980-10-07; City Council; Resolution 62521( 1: 1: 0 1: 2c 27 22 22 24 25 26 27 28 ~ RESOLUTION NO. 6252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-16) FOR A 9-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-74) GENERaLLY LOCATED ON THE EAST SIDE OF HOPE STREET; BETWEEN HOME AVENUE AND GRAJSD AVENUE. APPLICANT: SANDY. FOR SAID PROJECT ON PROPERTY WHEREAS, on June'll, 1980 the Carlsbad Planning Commission 3dopted Resolution No. 1647 recommending to the City Council that Centative Subdivision Map (CT 80-16) and Condominium Permit (CP-74) be denied; and WHEREAS, &he City Council of the City of Carlsbad held a ?ublic hearing on July 15, 1980 to consider the recommendations if the Planning Commission and to receive all recmmendations ind hear all persons interested in or opposed to Tentative Subdi- iision Map (CT 80-16) and Condominium Permit (CP-74); and WHEREAS, at the conclusion of said meeting the City Council iirected the matter back to Planning Department Staff for prepara- :ion )f the Tentative Subdivision Map and Condominium Permit and to -eturn the matter to them for further consideration; and 7, of suggested findings and conditions consistent with approval WHEREAS, Staff $id prepare suggested findings and conditions )f approval and their recommendations are set forth in this 'esolution; and WHEREAS, said Tentative Subdivision Map and Condominium 'ermit have been declared to have a nonsignificant impact on .he environment and a Negative Declaration has been prepared and 'iled in compliance with the requirements of the City of Carlsbad hvironmental Protection Ordinance of 1972; d 1 2 3 4 5 6 7 8 9 10 11 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 following Staff findings constitute the findings of the City Council in this matter: 1. The project is consistent with the Land Use Element of the Gereral PlaD which specifies a density range of 10-20 dwelling units per acre. The proposed density of 19 dwelling units per acre for this project is justified based upon the following: (a) The project is located in close proximity to offsite amenities such as recreational facilities, public trans- portation and convenient shopping areas. close proximity to the redevelcpment area. housing ar,d a condition has been applied as part of this approval to require the developer to enter into written agreement with the City to efisure that no unit will be sold in excess of $75,800 with- in the period of time between the adoption of this resolution and one year from the date of final occupancy of the final unit. 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 condominium and sub- division regulations, as referenced in the staff report. facility policies and ordinances because: supplement the two EDU's existing to service this project. Carlsbad Unified School District. a condition of this approval. 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. (e) The Planning Commission has, by inclusion of an appropriate condition to this condominium permit and tentative subdivision map, 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 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 unless sewer service Iremains available, the Planning Commission I (b) The project provides for housing located in (c) The project prsvides for reasonably affordable 2. That the site is physically suitable for the type 3. That the project is consistent with all city public (a) The City of Carlsbad allocated seven EDU's to (b) School facilities will be provided by the (c) Payment of park-in-lieu fees has been made (d) The applicant has agreed and is required by 2. 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 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 tentative map approval. ments will not cause any significant environmental impacts since, based on an initiai study and field investigation of the site, the Planning Director has issued a negative declaration on May 27, 1980 Log No. 706. ments of Chapter 21.47 (Condominiums) since: Chapter 21.47.110 since the overall plan is comprehensive, embrac- ing land, buildings, landscaping, circulation, and their interrela- tionships. Chapter 21.47.130 including storage space, laundry facilities, open recreation areas, parking facilities, refuse areas and separate utilities. ments will not conflict with easements for public use or public access through the subject property. 4. The design of the project and all required improve- 5. The proposed condominium project meets the require- (a) The project meets the design criteria of (b) The project meets the development standards of 6. The design of the subdivision and type of improve- 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 80-16) and Condominium Permit (CP-74) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to -4 the satisfaction of the following conditions: 1. Approval is granted for CT80-16/CP-74, as shown on Exhibits A and B, dated March 3, 1980, and Exhibit C, dated July 9, 1980, incorporated by reference and on file in the Planninc Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. This project is approved upon the express condition that building permits shall not be issued for development of the subjecl property unless the City Engineer determines that sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy. 3. 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. the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with 4. This project is approved upon the express condition that 3. 1 2 3 4 5 6 7 8 9 1c 11 12 0 d 1: 2( 21 2: 22 2L 2f 2t 2'; 2t 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 agreemknt dated February 29, 1980 is on file with the City Clerk and is 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, final condominium site plan incorporating the conditions contained herein. Planning Department prior to the issuance of building permits. 6. The applicapt shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Department prior to final map approval. 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 Department prior to final map approval. construction period, the applicant shall maintain passable vehicular access to all buildings. In addition, adequate fire hydrants with required fire flows shall be installed on and off site as required by the Fire Department. specifications at 40 foot intervals along all public street frontages prior to final occupancy of any building. The variety of said trees shall be subject to the approval of the Parks and Recreation Department. prior to the approval of the final map as per Chapter 20.44 of the city's subdivision regulations. 11. Any signs proposed for this development shall be designed in conformance with the city's Sign Ordinance and shall require review and approval by the Planning Deparbnent prior to installation of such signs. 12. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds,trash, and debris. 13. Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. of said receptacles shall be approved by the Planning Director. shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satis- faction of the Planning Director and Building Official. 15. 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. 16. The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading permit prior to issuance of1 building permits. 17. Grading shall occur in accordance with an approved grading and erosion control plan, city standards, and an approved soils and geologic investigation report which shall include slope stability calculations and construction specifications. All exposed slopes shall be hydromulched or otherwise stabilized The applicant shall prepare a reproducible mylar of the Said site plan shall be submitted to and approved by the 7. 8. In order to provide for fire protection during the 9. The applicant shall install street trees to city 10. The applicant shall pay park-in-lieu fees to the city, Location 14. All roof appurtenances, including air conditioners, 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 19 2c 21 22 22 24 25 26 27 2e Irior to the issuance of building permits subject to the approval if the City Engineer. 18. Drainage improvements shall be constructed in accordance vith an approved plan, and the work shall be coordinated with the werall plan for grading to the satisfaction of the City Engineer. nethod shall ensure that no unit shall be sold in excess of 79 >ercent of the median selling price of all comparable new units vithin the San Diego County area as established by the California Vorld Title Company’s Residential Housing Summary for the calendar parter during which the unit is sold. In no event shall the selling price exceed $80,000. :he date of issuance of the last occupancy permit for the project Eor one year. The applicant shall implement this condition by written igreement with the city prior to approval of the final map. igreement and any deed restriction or similar device shall be subject to the approval of the Planning Director and City Attorney. 20. Landscaped with planter boxes along the perimeters and stairways. Further, wood decking shall be provided for these open recreational weas. Said planting and decking shall be indicated on the fietailed landscape plan required per condition no. 6. A six foot high decorative masonry wall shall be placed 3long the rear and side property lines subject to the approval of the Planning Director prior to final occupancy of any unit. 19. The applicant by deed restriction or other appropriate This restriction shall apply from The The open recreational areas atop the carports shall be 21. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 7th day of &tobe , 1980, by the following vote, to wit: AYES : Council Members Casler, Lewis, hear and Kulchin NOES : None ABSENT: Council Mler Packard ATTEST: RONALD Cd PACKARD, Mayor MARY H. CASI;ER, Vice-Mayor lerk (SEAL) 5. d EXHIBIT "B" September 3, 1980 AMENDKENT TO CONDITIONAL USES SECTION 11: Amend Section 21.42.010(2) by deleting (G) which reads-as follows: "Mobilehome parks (not permiited is commercial-or industrial zones) . I'