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Home My WebLink About1981-04-21; City Council; Resolution 64921 2 3 4 5 6 7 e 9 1c II 12 D a- d 0 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO 6492 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-8) FOR AN 8-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-58) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE BETWEEN GIBRALTAR AND ROMERIA STREETS. APPLICANT: IZBICKI. WHEREAS, on March 11, 1981 the Carlsbad Planning Commission adopted Resolution No. 1635 recommending to the City Council that Tentative Subdivision Map (CT 80-8) and Condominium Permit (CP-58) be denied; and WHEREAS, the City Council of the City of Carlsbad, on April 7, 1981, held a public hearing to consider the recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-8) and Condominium Permit (CP- 58); and WHEREAS, said Tentative Subdivision Map and Condominium Permit have been determined to be categorically exempt from 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 proposed Tentative Subdivision Map and Condominium Permit are approved based on the following findings and subject to the following conditions: Findings : 1. The project is consistent with the City's current general plan since the proposed density of 20.7 du/acre is within the density ranges established for this property in the Land Use Element of the General Plan. Also, as conditioned, the c 1 2 3 4 5 6 7 a 9 10 11 12 0 19 20 21 22 23 24 25 26 27 28 2. 3. 4. project is consistent with all other elements 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 condominium and subdivision regulations without creating any significant environmental impacts. The project is consistent with all City public facility policies and ordinances since: Sewer service is generally available to serve the project. The applicant has agreed and is required by 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. The applicant will pay school fees to ensure that school facilities will be available to serve the project. The Planning Commission, has by inclusion of an appropriate condition to this Condominium Permit and Tentative Subdivision Map, insured 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 remains 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 tentative map approval. proposed Condominium project meets the criteria of Chapter 21.47 (Condominiums) since: (a) The condominiums meet the design criteria of Chapter 21.47.110 since the overall plan is comprehensive, embracing land, building, landscaping and their relationships, the driveway is not a dominant feature and sufficient circulation and on-site amenities are provided, and a variance from the parking requirements has been granted (V-302). 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 5. 6. 7. (b) Storage space, laundry facilities, open recreation areas, parking facilities, separate utilities and requirements of Section 21.47.130 have been met or will be conditions of approval. The parking requirements have been modified by the granting of a variance (V- 302). The design of the subdivision and type of improvements will not conflict with easements for public use of public access through the subject property. That the Planning Director has determined that this project is exempt from environmental review pursuant to Section 19.04.070(a)(8). That the applicant has given or will give notice specified in the Subdivision Map Act and the Carlsbad Municipal Code of the proposed conversion and right to purchase to the tenants of the project. Conditions: 1. 2. 3. 4. 5. Approval is granted for CT 80-8/CP-58 as shown on Exhibits A, B, C and D, dated February 22, 1980, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 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. This project is approved upon the express condition that 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 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 reference, and according to the agreement executed by the applicant for payment of said fee. A copy of that agreement, dated February 12, 1980, is on file with the City Clerk and 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 pay park-in-lieu fees to the city prior b 1 2 3 4 5 6 7 8 9 10 11 0 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. the to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 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. 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. 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. 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. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to issuance of building permits. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Department prior to installation of such signs. Trash receptacle areas shall be enclosed by a 6-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Dirctor. All roof appurtenances, including air conditioners, shall 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. The applicant shall give notice of the conversion to all tenants as required by the Subdivision Map Act and the Carlsbad Municipal Code. PASSED, APPROVED AND ADOPTED at a regular meeting of City Council of the City of Carlsbad, California, held on :he 21st day of ami1 , 1981, by the following rote, to wit: AYES: Council Wers Packard, Casler, Anear, Lewis and Kulchin NOES: me ABSENT: 4- - RONALD C. PACKARD, Mayor JTTEST : : SEAL)