HomeMy WebLinkAbout1981-09-15; City Council; Resolution 66702
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RESOLUTION NO. 6670
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
TENTATIVE SUBDIVISION MAP (CT 81-15) FOR A NINE UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-161) FOR SAID PROJECT ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF
HOME STREET BETWEEN JEFFERSON STREET AND HOPE
AVENUE. APPLICANT: RUSSELL.
WHEREAS, on August 12, 1981 the Carlsbad Planning
Commission adopted Resolution No. 1825 recommending to the City
Council that Tentative Subdivision Map (CT 81-15) and
Condominium Permit (CP-161) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
September 1, 1981, held a public hearing to consider the
recommendations and hear all persons interested in or opposed to
Tentative Subdivision Map (CT 81-15) and Condominium Permit
(CP-161); 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. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 1825 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 the
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conditions of this resolution, is consistent with all
general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 81-
applicable
5) and
Condominium Permit (CP-161) 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. 1825, dated August 12, 1981, 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
15th day of September , 1981 - by the following vote,
to wit:
AYES :
NOES: None
Council 1"Iembers Packard, Casler, hear, Lewis and Kulchin
ABSENT: None
ATTEST :
u. 2- I(&
ALETHA L. RAUTENKRANZ,. City Clerk
( SEAL )
2.
@ ‘’ EXHIBIT A TO CITY COUNCIL RESOLUTIOPJ NO. 6670
PLANNING COMMISSION RESOTJUTION NO ? 82 5
A RESOLUTXOPS OF THE PLANNTNG COMKISSION OF TIIE
CITY OF CARLSBADp CALIFORNIA, RECOMMENDlNG APPROVAL
FOR A NINE UNIT TENTATIVE TRACT MAP AHD CONDOMINIUM
PERMIT ON PROPERTY GENERALLY LOCATE5 ON THE NORTH SIDE
OF HOME STREET BETWEEM JEFPERSON STREET AND HOPE AVENUE
WHEREAS a verified application for ~e~td.n property
bP wit:
All of Lot 9 together with th~ inost‘ southwester1.y four feet of LQ~ 10 all of ScheLZ arid sites addition to
Car1sba.d according to Islap thereof Na, 2145, Eileri February 20, 3929
WHEREAS said verified application constitutes a
nd
runes 1981 I and the 22th day of 3ul.g~~
iublie hearing as prescribed by law to consi6&r $;aid request;
nnd
WEEREAS I at said publ ie Itearj.1-g upon hearing and
:onsidering all testimony and argumentsr if artyp of all. persons
desiring to be heardB said Commission considered all Eactors
relating to the Tentative Tract Map and Condominium Permit. 1 MOWp THEREFORE, BE IT HEREBY RESOLVED by the Planning
E i Commission as follows:
A) That the above recitations are true and correct,
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 81-15/CP-161, based
on the following findings and subject to the following
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The project is consistent with the citfs General. Plan since the proposed density of 19,4 duPs/acre is within the density
range of 10-20 du's/acre specified for the site as indicated on the Land Use Element of the General Plan and can be justified €or the falllowing reas~zns:
A) The project is located across the skreet front the
Village Redevelopment ~~eia;
The project exceeds the minimum xequiremerrt for open recreation areas; B)
C) As conditioned, additional an-gite amenities will be
The site is physically suitable for the type and density of the development since the site is adeqmte in si,ze and shape
to a~~am~date residential develapment at the density proposed and still. meet ax% a€ the reqairements of the Condoninium Qrdinance
provided s
,
The project is consistent with all city public Eacility
a) The Planning Cornmission has, by fncEusion of an
policies and ordinnnees since:
appropriate condition to this condominium permit: arid tentatj-ve subdivision nap, insuced that the f iilal map will not be approved unless the City Council. finds that
sewer service is avail.ahle to serve the project, In addition, the Planning Coxmission has add& a condition
that a note shall be placed on the final map that
building permits may not be issued for the condomi.nium
project unless the City Engineer deterrriines that sewer service is available, and buiMing cannot occur within the project unless sewer servi.ce remains available I the
Planning Commission is satisfied that the requirements of the public facilities element: e€ the General Plan
have been met insofar as they apply to sewer service €or this tentative map and condominium permit approval,
School facilities will be'avai.1able to th3.s project as indicated by the CarlsSad Unified School Dfstrict -_ per
letter dated April 28, 1981
b)
c) Park-in-lieu fees are required as a condition of
approval
d) All necessary public improvements have been provided or
will be required as conditions of approval,
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PC RESO #1825 -2-
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e) The applicant has agreed ai36 is required by the
inclusion of an appropriate condition to pay a public facilities fee, Performance of that euntra.ct 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,
4) The proposed use is compatible with the surrounding land use since several other properties in the vicinity ha-ve been developed at a similar density,
General. Conditions:
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This project is approved upan the express condition that the finax map shz3.1 not be appsaved LTIIS~~SS the City Council. fincis
as of the time of such approval that sewer service is
available ts serve the subdivision,
This project is approved upan the express condition that
building permits will not be j-ssued for devdopment of the subject property unless the C1i.t~ Engineer determines that.
sewer facilities are available at the time of appPicati.or-1 for
such sewer permits and will cx"nue to be- available until
This project is approved up~sn the expi:ess'conditiun that the applicant. shall pay a public facilities fee as required by City Council Policy No, 17, dated August .2gr 1979, on file
with the City Clerk and Enevxporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated April 24,
1981, 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 corssi-stent with the General Plan and
approval far this project shall. be void,
The applicant shall pay park-in-lieu fees to .the city, prior to the approval of the finall map as required by Chapter 20.44 of the Carlsbad Municipal Code,
. time of occupancy,
Approval oE this tentative tract map shall expire eighteen months from the date of City Council approval unless a final map is recorded, An extension may be requested by the
applicant. Said extcnsionb shall he approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and
may revise existing conditions,
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Planning Department:
7) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contsined herein Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits,
8) The applicant shall establish a homeownerBs 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,
11) ~ny signs proposed €or this develupzent shall be designed in conformance with the cityp s SLy-i O~-cii~z;nce and shall, require review and approval. of the Planning Department prior to
installation of such signs,
52) Trash receptacle areas shall be enclosed by a 6 foot kfgh masonry wall with gates pursuant to city standards, of said receptaeles shall be approved by the Planning
Director
I;ocat.ion
13) all roof appurtenances, inclludirtg air conditioners shall be
architecturally integrated and shielded from view 8iid the sound buffered from adjacent properties and streets to the
satisfacticn of the Planning Department and Ru.ilding Director .
14) The driveway shall be concrete with textured areas located
as shown on Exhibit 'rB's,
15) The walkways located in the reereation area at the rear of the project shall be eliminated,
96) All garages shall be equiped with automatic garage door openers. -- ...I
Engineering.Department
17) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site,
18) The grading for this project is defined as "regular grading"
by Section 11,06.170(a) of the Carlsbad Municipal Code. The
developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures. The developer shall also
PC RES0 H1825 -4-
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submit soilsp geologic or compa-ction reports if required and shall comply with all provisions of Chapter 13.06 of the
Carlsbad Municipal Code,
No grading shall occur outside the limits of the subdivision
unless a letter of permissian is obtained from the owners of the affected prope~ties,
Additional drainage easements and drainage structures shall
be provided or installed as may be required by the County Department of Sanitation and Flood Contmal. or the City
Engineer e
AIS_ land rand/ur easements required by this project skiall. be
granted to the city, without cost Bo thercity, free and clear
of all liens and encumberanees,
The developer shall install street 1.igkats along all public and p~ivate street frontages .in corrfot-n-ance with City of
CasPsbad Standards,
The developer shall. comply with all. the rules , regul.ations
and design requirements of the respact~~ve sewer a.nd water agencies regarding services to the project,
Fire -Department:
24) W fire hydrant shall be located on-site to the sati-sfaction
of the Fire Marshall, OK approved alternative,
25) The existing 4" water line shal.1- be replaqed frorib Jeffc?rson Street to the new fire hydrant,
have a minimum size of 6", or approved alternative,
The new water line shall
Parks - and -Recreation- Department - t
26) The applicant shall install three 95 gallon street trees of the species Metrssideros Excel.sa,
Building -Department:
27) Second exits are required from the third stories, or approved alternative.
...
28) Both buildings shall have fire retardant roofs .to the
satisfaction of the Building Director,
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PC RES0 #1825 -5-
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PASSEDp APPROVED AND ADOPTED at a reguIar meeting of
the Planning Commission of the city of Carlsbadl, California,
held on the 12th day of August, 1981 by the following vote, to
wit:
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