HomeMy WebLinkAbout1981-01-20; City Council; Resolution 6417RESOLUTION NO, 6417
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-31) FOR A 9-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-113) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF UNICORN10 STREET AND CACATUA STREET. APPLICANT: EVENT PROPERTIES,
WHEREAS, on December 10, 1980 the Carlsbad Planning Commissior
adopted Resolution No. 1721 recommending to the City Council that
Tentative Subdivision Map (CT 80-31) and Condominium Permit
(CP-113) be conditionally approved; and
WHEREAS, on January 6, 1981 the City Council of the City
of Carlsbad 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 80-31) and Condominium Permit (CP-113); 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, THEREFOM, BE IT RESOLVED by the City Council of the
City of Caslsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 1721 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
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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 80-31) and
Condominium Permit (CP-113) are hereby approved subject to all
applicable requirements of the Carlsbad Municipal Code and to
the satisfaction of the conditions contained in Planning Commissior
Resolution No. 1721, dated December 10, 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 Packard
RONALD C. PACKARD, Mayor
ATTEST :
x? @a,- ALETHA L. RAUTENKRANZ, City Clerk)
(SEAL)
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.EXHIBIT A T~ITY COUNCIL
RESOLUTION NO. 6417 ~
A RESOLUTION OF THE PLiANNING COiW4ISSION OF
THE CITY OF CARZSBI'ID ,. CALIFOR.NIIL'? I RECO-?QIENDTNG
APPRO'JAL OF A TENTATIVE SUBDIVISI9N WJ? AND
CONDOMINIUM PEPUYIIT TO DEVELOP 9 CXITS 93 PRO-
PERTY GENElt9LLY LOCATED ON THE NC!ITHWES T! COR-
NEX OF UNTCORNIO STREET AND CACAT'JA STREET.
APPLICKXT: EVENT PROPERTIES
CT 80-31/GP-Z13 --- ' CASE NO:
WEEREAS a verified application for certain to
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Lot 485 of La Costa Meadows Unit No.. 3, in the county of San Diego, according to map thereof No. 7076, filed in the office of the County Recorderr October 6, 197l.
has been filed with the City of Carl-sbad, 'and referred to the
Planning Commission; and
WHEREAS said verified applicaticn constitutes a request
as provided by Title 21 of the Carlsba3 Municipal Code;and
WHEREAS, the Planning Commission did, on the 12th day of
November, 1988, hold a duly noticed public hearing and a -upti-
nued'public hearing of the 19th of December, 1980 as prescribed
by law to consider said request; and
'WHEREAS, at said public hearing, upon hearing and. considering
all testimony and arguments, if any, of all persons desiring
to be heard, said Corcmission considered all factors relating to
the Tentative Tract Map and Condominium Permit.
NOW, THSREFORE, BE IT HERESY RESOLVED by the Planning Com-
mission as follows:
A) That the above recitations are true and correct.
53) That based on the evidence presented at the public hearing, the Conmission recommends APPROTJAL of CT 80-31/CP-113,
based on the following findings and subject to the
fol-lowing conditiDns :
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APN 215-350-61.
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The project is consistent. with the General. Plan since the
proposed density of 3.9 du/as is within the density range OZ
10-20 du/ac estaklishcd for this property in the Land Use
Element of the General Plan and the 2ensity is justifi-ed based upon on-site amenli ties including recreational fxili- ties and underground parking a
The site is physica3-ly suitable for th.e type and density of
the development since the site is adequate in size and shape to accornmodate residential development at the proposed den- sity and still meet all the requirements of tke cordomini-at~ ordimnee e
he project is consistent with ala city pul~~ric facility policies and ordinances since;
The Leucadia County Water District h3.s allocated- srrff fcient sewer connections for the project.
The Planaing Comnission has, by inclusion of an
appropriate condition to this condominium pern??-t insuxed
that building permits will not be issued unless the
City Council finds that sewer service is available ta
serve the project, and building cannot occur wi-thiii
the project Enless sewer ser77i.cz remains avaklab1.e xhus
the Planning Conmission is satisfied that the s-cquirs-
ments of "che public facilities elerner,t of the General
Plan have been met insofar as they apply to se--w service for this and condominium permit apprr;-~eL.
School Fees to mitigate conditions of Overckopidhg
are reqiiired at the tirne of building pernits pursuant.
to Chapter 21-55 of the City Municipal Code,
Park-in-lieu fees are required as a candf-tion 05
approval-
A11 necessary public improvements havk been provl.ded, or will be required as conditions of approval,
The applicant has agreed and is required by the inclu-. sion of an appropriate condition to pay a piiblic
facilities fee. Perfomance of that contract and
papent of the fee will enable this body to find that
public facilities will be available concurrent with need as required by the GcRera.1 Plan.
design of the projzct and all required improvements wk!.1
ca'iise my significant environmental impacts since I based on an initial study and field?, investigation of the site, thc Planning Director has isszled a negative declaretion on .August
8, 1980, Lag No. 740.
The proposed condominium project complys with the provisions
of Chapter 23 $? (Condominiums) since:
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.a) The condorniniums zeet the. design criteria. of Chapter
21.47 110 as the overall plan is comprehensive I embrac-
ing land, building, landscaping and their relationships
a.nd sufficient circul-ation ar,d on-site amenities are
provided.
b) Storage space, faundry facilities, open recreation areas ceparzte ut.iii.ties and parkiag facilities I refuse areas
a3-l. other requirements of Section 21.47.130 have been
met or will be met by conditions of approval.
6) The design of the subdivision and type of improvements wiXL not conflict with easements for public use OK public access
khrough the subject property. .
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General Conditions
Rpproval.is granted for CT 80-3P/CP-113, as shown on
Exhibits A, I3, Cf D, E, and F, dated Xovember 3, 1980, incorporated by reference and on file in the Planninq
Department. Development shall occur substantially 2s shown unless otherwise noted f.n these conditims.
This project is approved upon the express condition that the final. map shall not be approved unless ’she City Council fin3s as of the time of such zpproval. that sewer service is
available to serve the subdivision.
This project is approved upon the express conflitiuj? thzt
building permits will not be issued for development of the
subject property unless the City Engineer determines that
sewer facilities are available at the time of application
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for such sewer permits and will continue to be available until time of occupancy.
final map,
This project is appxoved upon the express condition that the
applicant shall pay a public facilities gee as required by Ci.ty Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, azd
according to tZle agreement executed by the applicant for
payment of said fee a copy of tha.t agreement dated May 16,
1980, fs on file with the City Clerk and incorporated herein by reference, If said fee is not paid as promised, this
application wj-11 not be consistent with the General Plan and approval €or this project shall be void.
The applicant shall pay park-in-lieu fees to the cityp prior to the approval of the final map as required by Chapter
20.44 of the Carlsbad Municipal Code.
The applicant shall provide schaol. fees to mitigate condktj.on of ovcycrowding as part of building permit application.
These fees shall be based on -the fee schedule in effect at the time of building permit application.
This note shall be placed 33 kh~
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Approval of this request shal.X not- excuse conpliance with all secti0r.s of the Zoning Ordinance and 211 other applicable city ordinances in effect at tixc of building permit: issuance.
T5e applicent-, shall prepare a reproducible mylar of the final. cor,d.ominiixn site plan incorporati-lg the conditioris contained herein, Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of buildtiny permits.
The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions, Said
CChR'S* shall be submitted to and approved by the Planning
Department prior to f lnal nap approval..
The applicant shall prepare a detailed landscape and irrigation plan which sfizall be submitted to and approved
by the Planning Director prior to final map approval.
Parkhg lot trees shall Se a minimurri 15 gallon size,
A11 landscpaed areas shall be maintairied in a healthy and thriving condition, free from weeds, trashl and debris.
Any si-gns proposed for th2s development slnall be desigrted in conformance with the cityls Sign Crdinance and shall require review and approval of the Pianning Departiient prLar to installation of such signs-
Trash receptable areas shall be enclosed by a 6 foot high
masonry wall with gates pursuant to city standards
of said receptacies shall be zipproved by the Planning
Director.
Location
All roof a.ppurtenances I inclu.ding aFr conditioners, shall be architecturally integrated and shielded from view and the sound buffered from-adjacent properties arid strects
Director 1
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I to the satisfaction of the Planning Department and Buildj-ng
Eng inzer ing Department 1 -- II
16) The applicant shall install- street trees to city spec-
ifications a;t 40 foot intervals along a11 public street
frontages prior to final occupancy of any building. variety of said trees shall be subject to the approvzll of
the Parks and Recreation Department.
The
Fire .- Department-,
la) Tn order to provide for fire protection during the construction period E the appl-icant shall maintain
passable vehicular access to all buildings. Tn additkcm,
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adequate fire hydrants with required fire flows shal.l.
be installed 011 and of5 site as required by the Fire Depar 'Lnent
Proposed security gate systems shall be subject to
approval of both Police an6 Fire Departments prior to
irpproval of final map,
Fire retardant roof shall be required on all. structures by
Buildi.ng and Fj-re Department,
All fire alarm systems, fire hydrahts extinquiskhg systems ,
automatic sprinklers and other systems pertinent to the
project shall be submitted to thz Fire Depar-aent far
approval - prior to construction,
Prior to the issuance of building permits, complete buil.ding
plans shall be submitted to the Fixe Department far review and approval.
PASSED, APPROVED AND ADOPTED at a regular meetfng of
Planning Commission of the City of Carlsbad, California,
held 011 the 10th day of December, 9980, by the foU.owlng
vote, to wit:
ABSENT: None
ABSTAIN: Jose
ATTEST:
CARL $A PLANNING COMMISSION u
, . ...
OMMISSION
PC RES0 #1721