The URL can be used to link to this page

Home My WebLink About1981-01-20; City Council; Resolution 6416RESOLUTION NO. 6416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-42) FOR AN 11-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-136) FOR SAID PROJECT ON PROPERTY ~ GENERALLY LOCATED ON SOUTH SIDE OF SANTA ISABEL STREET. APPLICANT: HEATON. WHEREAS, on December 17, 1980 the Carlsbad Planning Commission adopted Resolution No. 1739 recommending to the City Council that Tentative Subdivision Map (CT 80-42) and Condominium Permit (CP-136) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on January 6, 1981 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 Subdivision Map (CT 80-42) and Condominium Permit (CP-136); 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 1980; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: A. C. That the above recitations are true and correct. That the findings of the Planning Commission in Resolution No. 1739 constitute the findings of the City Council in this matter. C. That said Tentative Subdivision Map, together with c 1 2 3 4 5 6 7 8 9 10 11 0 18 19 20 21 22 23 24 25 26 27 28 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 80-42) and Condominium Permit (CP-136) 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. 1739, dated December 17, 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 20th day of January , 1981 by the following vote, to wit: AYES: NOES: None Council Members Casler, Anear, Lewis and Kulchin ABSENT: None ABSTAIN: Council Member Packar RONALD C. PACKARD, Mayor ATTEST : /. 70 @A AEETHA L.?hUTENKRANZ, City CleFk (SEAL) -2- I API?RO~.?'PiL FO"K IAN X:L UNIT CO3DCfIIKNIUM PEIIEIIT ANI3 TENTATIVE 'PK.%CT YAP ON PROPERTY GENELikLLY LOCATED ON THE SOUTH SIDE OF S14NTA ISABEL STPaET. 2 3 4 r; U 6 7 E E I I 2 2 2 2 2 EXHIBIT a0 CITY COUNCIL RESOLUTION NO. 6416 APPLICA?S'i': HEATON CASE NO: CT 80-42/CP-136 - WHEREAS, a verified application. for certain property to I -it: ! t Lot 408 of La Costa Meadows No, 2 of the County Recorder April 12, in the City 0% CarZsbad 1 according to map thereof No, 6905 filed in the Office 1971. tas been filed. with the City of Carlsbad, and referre6 to the 'Lailning Conmission; and WHEREAS, said verified application constitutes a request LS provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Coitmissioxz did, on the 17th day of leccxber, 1980, hold a duly noticed public hearing as prescribed 3y Paw LO consider said request; and 4 WHEREAS, at said public hearing, upon hearing ar,d considering d-3. testimony and arguments, if any, of all persons desiring to oe heard, said Commission considered aZL €actors relating to the Tentative Tract Map and Condominium Permit, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as fallows: A) B) That the above recitations are true aiid correct, That based on the evidence presented at the public heari.ny, the Comrriission reconmends APPROVAL or CT 80-42dCP-j-36 based on the following findings and subject to the following conditions : 1) The project is consistent with the city's General Plan since the proposed density of 17.4 du's/aere is within the dcnsi.ty I 2 3 4 5 6 7 8 9 20 11 12 13 14 2.5 16 ; b17 lE! 29 2c 2 3. 22 22 24 25 26 27 28 3 e e rang-e of 10-20 du's/acre specified €or the site as indicated on the Land Use Element of the General Plan and can be justified for the reasons stated in the staff report, The site is physically silitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed and still meet all of the requirements of the Condominium Ordinance, The pr'oject is consistent with all city public facility policies and ordj,.nances sixe: a) The applicant has received 11 edu's from the Leucac2i.a County Water District b) The Plznning Commission has, by inclusion of an appropriate condition to this condominium permit and tentative subdi~~ision map insured that the final nap . will. riot be approved unless the City Council. finds that sewer service is available to scrve the project, In addition, the Plannj-ng- Cormissi-on has added a condj iiclls thak =. note shall. be placed an the final map khzt building permits may not be issued for the condomini,um project unless the City Engineer determines that sewex service is available, and building cannot occur witkin the project Gnless sewer service remains available, the Planning Comiission is satisfied that the requirements of the public facilities element of the General Plan have beex met insofar as they apply to sewer service for this tentative map and eondominiurn permit approval, 3 cj Schooi facilities will be provided by the Sarc Marcas School District. d) Park-in-lieu fees are required as a condition of approval e) All necessary public improvements have been provided or will be required as cbnditions of approval, E) The applicant has agreed and is required by the inclusitli of an appropriate condition to pay a publ.ic facilikies fee, Performance of that contract and p;lyment cf the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plail, The proposed project is compatible with the surrounding land use since the property to the north is being developed at a similar density and the property to the south'has also been designated for medium-high density residential development //// PC RESO #I739 -2- 3. 2 3 4 5 6 7 8 9 13 14 15 2-6 17 ; 3.E IS 2c 23 22 22 24 25 26 27 21 i) This project will not cause any significant cnviwonmzntaR impacts, and a Negative Declaration has bzen issued by the Planning Director on November 19, 1980, and apprcved by the Planning Commission on December 17, 1980. londitions ;enera1 Conditions Approval i.s granted for CT 80-42/CP-135, as shown on Exhibits "A" - "G" dated November 6, 1988, incorporated by reference and on file ir, the Planning Department, Development shall. occur substantially as shown unless otherwise noted in these conditions. This project is approved upon the express conditicn that the final ni'ap 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, This project is approved upon the express conditi-on that building permits will. not be issued €or development of the, subject property unless the City Enginee~ 'determines t:ha-i: sewer facilities are available at the time of application for such sewer permits and wilZ continue to be available until time of occupancy, This note shall be placed on the final. map, This project is approved upon the express condition that the applicant shall pay a public facil.iti.cs fee as required by City Council Policy No, 17, datsd Au.yust 29 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreepnt executed by the applicant for payment of said fee a copy of that agreement dated September 22, 1988, is QXI file with the City Clerk and incorporated herei.n by' reference. 3% said fee is not paid as promised, this application will not be consistent with the Genera-l Plan and approval for this project shall be void. Planning Department 5) 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 Director prior to the issuance of building permits. 6) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning airector prior to final map approval. 7) The applicant shall- establish a homeowner's association and corresponding covenantsl conditions and restrictions. Said CCFYR'S shall be submitted to and approved by the Planning Department prim to final map approval. PC RES0 #I739 -3- 3 4 E 7 E 5 re 13 I! 3.r 2.’ ; 1‘ 2 2 2 2 2 2 2 2 2 0 0 The app1icar.t shall pay park-in-lieu fees to the city, prior to the approval. of the final map as required by Chapter 20,44 of %he Carlsbad Municipal. Cede, The applicant shall provide school fees to mikigate 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. Any signs proposed for this development shall be designed in conformance with the city’s Sign Ordinance and shaEL require review and approval of the Plenning Department prior to installation of such sign.s, All landscaped areas shall be mainkaimed in a healthy arid thriving cox-idi-tiorLc free from weeds trash, and debris , Trash receptabl-e areas shall be enclosed by a 6 foot high masonry wa2.h. with gates pursaant to city standards. of said receptacles shall be approved by the Planning Director. r Location A13- roof appurtenances including air conditioners shad,:t be architecturally integrated and shielded from view and. the sound buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Director. Approval of this request shall no.t. excuse cozp!,iance with all. sections of the Zoning Ordinance and a11 other applicable city ordinances in effect at time of building permit issuance, Concrete wheel stops shall be provided two and &-“-half feet from the end of each parking stall. ire Department 111 Additiona3. pub1.i~ and om-site fire hydrants may be required ’by the Fire Department. The applicant shall. submit two (2) copies of a sf.te plan showing locations of existing and proposed fire hq’drant.s and on-site roads and drives to the Fire Department for approval. An all weather access road shall be maintaiaed throughoat construction I Water for fire protection shall be provided before combustibles are on the bui.ldi.ng site. The recommended minimum standard by the Fire Department for driveways into this type of building construction shall be as follows: No parking lane - 24 feet, parking one side 34 feet, and parking both s.i.des 44 feet, ’C mso WL739 -4- ! 1 j i t E I i t f 3 I i i i 4 E U E 'i E 1: 2: 1: A dry standpipe system for Fire Department use shall be installed as required by the ??ire MarshaU., All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "NO Parki.ng/Fire Lane/ Tow Away Zone" as per condition in Municipal Code, All fire alarm systemsp Eire hydrants, extinguishing systemsp automatic sprinklers,. and other systems pertinent to the project shall be submi.tted to the Fire Department fcr approval. prior to construction, arks I__ and Recreation Department 41 All irrigation linea adjacent to the sidewalk shaI1 be setback 1 at least 12" from the sidewalk. II 5 ) All slopes shall be planted with shrubs, trees and ground cover at the rate of one - 1 gallon plant per 225 square feet or 3.5' on center and hydroseeded with a seld inixture approved by the Parks and Recreation Depar-tment. Gj No street trees shall. of this project. naineerina Dexsarkment The developer shall c itain a grading permit prior to the commencement of any clearing or grading of the site. by Section P1.06,170 (a) of the Carlsbad Municip~% Code. ! f ! Thk grading for this project is d,efiized as "'regular grading" The developer shall submit a grading plan for approvil- which shall include all required drainage structures md ar~y required erosion control mea,sures, The developer shall aLso submit soils, geologic or compaction reports if required and sl-La3.l comply with all prcvisions of Chapter 11.06 a€ the Carlsbad Municipal Code, I The developer shall install street trees at the equivslen-k of 40-foot intervals along ali public st~eet frontages in conforrmnce with the City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. The developer shall comply with all the rulesc regulations and design requirements of the respective sewer and wilter agencies regarding services to the project. #1739 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of December, 1980, by the following vote, to wit: AYES: Marcus, Rombotis, Friestedt, Leeds, Earson, L'Heureux, NOES: None ABSENT: None ABSTAIN : None and Jose CUS, Chairman CARLS PLABXING COKWISSfON ATTEST: