HomeMy WebLinkAbout1980-12-02; City Council; Resolution 63771
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RESOLUTION NO. 77
A RESO~UTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE TRACT MAP (CT 80-21) AND CONDOMINIUM PERMIT (CP-99) FOR A 10-UNIT CONDOMINIUM ON PROPERTY GENEFWLLY LOCATED ON THE SOUTHWEST CORNER~OF GARFIELD STREET AND JUNIPER AVENUE. APPLICANT: BEHRENDSEN
WHEREAS, on October 22, 1980, the Carlsbad Planning
Commission adopted Resolution No. 1671 recommending to the
City Council that Tentative Tract Map (CT 80-21) and
Condominium Permit (CP-99) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
November 18, 1980, held a public hearing to consider the
recommendations of the Planning Commission and to receive all
recommendations and hear all persons interested in or opposed
to Tentative Trakt Map (CT 80-21) and Condominium Permit (CP-99
and
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WHEREAS, sa;id Tentative Tract Map and Condominium Permit
have been declared to have a nonsignificant impact on the
environment and la Negative Declaration has been prepared and
filed in compliance with the requirements of the City of
Carlsbad Environmental Protection Ordinance of 1980;
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. 1671 constitute the findings of the City Council
in this matter.
C. That said Tentative Tract Map, together with the
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lrovisions for its design and improvement and subject to the
:onditions of this resolution, is consistent with all applic-
ible general and specific plans of the City of Carlsbad.
D. That Tentative Tract Map (CT 80-21) and Condominium
'ermit (CP-99) aie hereby approved subject to all applicable
Yequirements of the Carlsbad Municipal Code and to the satis-
iaction of the conditions contained in Planning Commission
teesolution No. 1671, dated October 22, 1980, marked Exhibit A,
ittached hereto and made a part hereof, except that the
Eollowing additional condition shall be added to Resolution
go. 1710:
"22) The applicant shall provide a fence around the pool area, six feet in height measured from
the property to the North, to the satisfaction of the Planning Director."
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, on the 2nd
day of December , 1980 by the following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST:
(SEAL)
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Exhibit "A" to I
Resolution No. 6377
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wit: I
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/A) I B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing,
Lot 13, Block E, Palisades, in the City of Carlsbad, accorZing to Map thereof No, 1747, filed in the Office of the County Recorder, Febrilary 5, 1923.
has been filed with the City of Carlsbad, and referred to the
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Planning Commission; and
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I WHEREAS, said verified application constitutes a request as
'provided by Title 21 of the Carlsbad %micipal Codz; 2nd
~ WHEREAS, the Planning Commission did, on the 23rd-d.ay of
July, 27th day of August, and on the 22nd day of October, 1980, i ~ I hold a duly noticed public hearing as prescribed by law to consider
said request; and
l8 I/ , j I'WEREAS, at1 said public hearing, upon 'neariilg ani; considering
"9 it \all testimony and arguments, if any, of all persons desiring to
20 1 [/be heard, said Commission considered all factors relating to the 21il Tentative Tract klap and Condominium Permit. 221/ NOW, TIIERREFlORE, BE IT HEREBY RESOLVE3 by the Planning
of 20-30 du,'+cre specified foi- this property in the Land Use Element of the General Plan and is justified based upon the
The project is consistent with all city public facility policies and^ ordinances since: -.
reasons contained in the staff report, I
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a.
b.
C.
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e.
The Planning Commission has, by incftrston 05 an appropriate conditio3 to this condominium permit insured -that building permits will not be issued unless thz City Council finds that sewer service is avaifablc to serve the project and building cannot occur within the project unless sewer service remzins availzble thus, the Planning Commission is satisfied that the requiremfnt
of the public facilities element of the General Plan hzve been met insofar as they apply to sewer service for this and condominium pernit approval.
School facilities will be provic?ed to this project by the Carlsbad Unified School District.
Park-in-lieu fees are required as a condition of
approval.
$
All necessary public 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 tu p3y 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.
The design of the project and all require6 improvements will not cause any significant environmental impacts since, based on an initial study and field investigation of the site,
the Planning Director has issued a negative declaration on July 31, 1980, Log No. 729.
The proposed condominium project compPys with thc! provisions
of Chapter 21.47 (Condominiums) since:
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\ j a. The c,ond,ominiums meet. t.11.e desig: criteria of Chapter
21.47.110 as the overall. plart is comprehensive, embracing' land, bu'ilding, landscaping and their relationships and sufficient circulation and on- site zinenities are prsvidcd.,
b. Storage space, laundry facilities, open recreation areas, parking facilities, reguse a~eas, separate utilities and
requirements of Section 21.4.7*130 have been met BT will by cond.itions of approval .,
The design oE the subdivisjon and Type of improvenents will not conflict with easements Ssr pub1'j-e use or public access through the sub j ect property.
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Condi-t ions .
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Approval is grmted. for C'I' 30-21JCP-99, as sE;orm on Exhibit "A" dated October 2, 1980 and Exhibits r'3~~9'tC?tgtrDr' and "E" dated October 17, 1980, incorporated by reference and on file in the PlanrLing Department. substantially a5 shown unless otherwise noted in these conditions.
This project is approved upon the express condition that building pex-mits shall not be issged Ear development of the subject property unless the City Engineer determines that sewer capacity is available at the time of application for such permits and will continue :o be available until time of occupancy.
This project is approved upon the express condit2on 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,
Development shall occur
This project is approved upon the express condition that the applicant shall pay 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 applicant for payment of said fee, dated April. 16, 2980, 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.
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
and approved by the Planning Departmerit prior to the issuznce of building perinits.
The applicant sIial.1 prepare a detailed landscape and irrigation plan which shall. be submitted to and approvcd
by the Planning Dcpzrtment prior to final map approval.
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The appficanlt s'nzl.1 estabf ish 3 homeowner's association and correspohding covenants Said CCGR's shall be submitted to and approved by the Planning Diriector prior to final ixap approval e
The applican't shall instaPP street trses to city spec- ifications at 40 foot ictervals along 311. public street
frontages prior to final occupancy af any building. The variety 'of said trees shall' be sriF,ject to the approval of the Parks and Recreation Director.
?'he 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.
All landscaped areas shall be maintained in a hesrlthy
and thriving condition, free from weeAs, trash, and debris
co~idi %ions and restrictions e
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Trash receptac1.e areas shall be enclosed by a 6 fool high masonry wall with gates pursuant to city standards.
Location of said receptacles shall be approved by the Planning Director.
All roof appurtenances, inclding air conditioners, shall be architecturally integrated and shielded from view and sound-buffered from adjacent properties and streets to the satisfaction of the Planning Director and Building Director.
Approval of this request shall not excuse compliznce with all sections of the zoning ordinance and all other applicable city ordinances in effect at time of building
permit issuance.
The applicant shall install a wheelchair ramp, at the wrner of Garfield,Street and Juniper Av~I~u~, to city standards prior to occupancy of any units.
The developer shall obtain a grading permit prior to the
comiencement of any clearing or grading of the site.
The grading for this project is defined as "regular grading" by Section 11.06.270(a) of the City Code. The developer shall submit a grading pian for approval which shall include
all required drainage structures and any required erosion control measures. The developer shall also submit soils, geologic qr compaction reports if required and shall comply with all provisions of Chapter 11.06 of the City Code.
AI1 fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the
location, shall be siibmitted to the Fire kpartment for approval prior to construction.
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8) All private driveways shall be kept clear oE parke3 vehicjes
at all times, and shall ha.-ce poseed "Na ParkingiFire Lane/ Tow Rwzy Zone" according to Section 17.04.050 of the Municipal Code. ''
Water for fire protection to be in Fezore combustibles are on building site as required by Fire Marshall.
In order to provide for fire protection during the con-
struction period, tht? applicant shall. maintain pzssah1.c vehicular access to all- buildings. In additiorr, adequate fire hydrants with required fire floks shall be installed on and off site as required by the Fire Chief.
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1) The area under the decks extending Over the drivelwy area shall have an automatic fire sprinkler system or sliall be otherwise protected to the satisfaction of the Fire Department.
PASSED, APPROVED AND ALlOPTED at a reguiar neeting sf the
laming Commission of the City of Car'lsbad, California, held on
he 22nd day of October, 1980; by the following vote5 to wit:
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AYES: Commissioner Schick, Friestedt, Jose, Larson, ieeds,
NOES: None. -.
ABSENT: Commissioner Marcus.
Ronbotis.
ABSTAIN: None.
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