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HomeMy WebLinkAbout1980-03-04; City Council; 6168/6169-1; Appeal Variance No 297- 358 Jerez CompanyCITY OF CARLSBAD AGENDA BILL NOg. 6168 and 6169, Supl. 1 DATE: March 4, 1980 DEPARTMENT:City Attorney Initial: Dept.Hd. C. AttyV^f C. Mgr. Subject: APPEAL VARIANCE NO.297, A VARIANCE TO REDUCE REQUIRED BUILDING SETBACKS FOR CONDOMINIUM, AND TENTATIVE MAP, CONDOMINIUM PERMIT FOR 5-UNIT CONDOMINIUM CT 79-17/CP-20 APPLICANT; 358 JEREZ COMPANY. ' Statement of the Matter The City Council, at your February 19, 1980 meeting, indicated your intention to grant an appeal of the Planning Commission's decision to deny a variance to reduce required building setbacks and to approve a tentative map and condominium permit for a 5-unit condominium project. In accordance with your direction, the necessary resolutions to carry out that intent are attached. Exhibits Resolution No . /„ fl 9 6> , granting Variance 297. Resolution No . jp ft 9 */ , approving CT 79-17/CP-20, Recommendation If the City Council concurs, your action is to adopt Resolution No. fat> 9£ and Resolution No. fa Qc)'?. Council Action: 3-4-80 Council adopted Resolution 6096, granting Variance 297 and Resolution 6097 approving Ct 79-17 and Cp-20. D i|to 1 2 3 4 5 6 7 8 9 10 11 12 13 , 1 15 USD* 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS, GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION, AND APPROVING A VARIANCE (V-297) FROM SECTION 21.47.130(1)(b) TO REDUCE THE DRIVEWAY SETBACKS FROM 10 FEET TO 5 FEET ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF JEREZ COURT, NORTH OF GIBRALTAR STREET. APPLICANT; JEREZ COMPANY. WHEREAS, on January 23, 1980, the Carlsbad City Planning Commission adopted Resolution No. 1587, which is herewith referred to and made a part hereof, denying a Variance (V-297) from Section 21.47.130(1) (b) to reduce the driveway setbacks from 10 feet to 4-1/2 feet on property generally located on the west side of Jerez Court, north of Gibraltar Street, more particularly described as: Lot 358 of La Costa South, Unit No. 5, in the City of Carlsbad, according to map thereof No. 6600, as filed in the Office of the County Recorder for San Diego County on March 10,. 1970 and; WHEREAS, this project has been processed through environmental review as required in Title 19, the Environmental Protection Ordinance, and has been found to be categorically exempt as per Section 19.04.090(c)(4), which exempts minor alterations in land use limitations; and WHEREAS, the applicant filed an appeal with the City Council of the determination of the Planning Commission seeking relief from said denial; and WHEREAS, a duly noticed public hearing was held by the City Council on February 19, 1980 to consider the appeal of said denial, to hear all persons interested in or opposed to the variance and to consider the decision of the Planning Commission; and /•*""• o CO £ 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '23 24 25 26 27 28 WHEREAS, the City Council, after considering all relevant factors, makes the following findings: 1. That two similar variances in the area have been granted. 2. That the City Council is in the process of amending the ordinance requirement to reduce the setback. 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 appeal of the Planning Commission decision to deny Variance 297 is hereby granted for the reasons set out in this resolution. C. That the City Council hereby approves Variance 297 to reduce the driveway setback to 5 Feet subject to the conditions as set out in CT 79-17/CP-20 Resolution No. 6097 , on file with the City Clerk and incorporated by reference herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 4th day of March i 1980 by the following vote, to wit: AYES: Councilmen Packard, Ariear, Lewis and Councilwoman Casler NOES: Councilman Skotnicki ABSENT: None RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clejrk (SEAL) 1 2 3 4 5 6 7 8 9 10 11 I 13 0) I 14 A 15 UJ Z CN <fO £ - 5 £ 8. p- 16 17 18 19 20 21 22 24 25 26 27 28 RESOLUTION NO. 6097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 79-17) FOR A 5-UNITXCONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-20) FOR SAID PROJECT ON APPROXIMATELY .367 ACRE, GENERALLY LOCATED ON THE WEST SIDE OF JEREZ COURT, NORTH OF GIBRALTAR STREET. APPLICANT: JEREZ COMPANY. WHEREAS, on January 23, 1980 the Carlsbad Planning Commission adopted Resolution No. 1588 recommending to the City Council that Tentative Map (CT 79-17) and Condominium Permit (CP-20) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on February 19, 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 Subdivision Map (CT 79-17) and Condominium Permit (CP-20); 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 1972; A. That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolution No. 1588 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 conditions of this resolution, is consistent with all o<toin trO O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '23 24 25 26 27 28 applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 79-17) and Condominium Permit (CP-20) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. Approval is granted for CT 79-17/CP-20 as shown on Planning Commission Exhibit "A" dated December 26, 1979, and Exhibit "B" dated October 16, 1979, all on file in the Planning Department and incorporated by reference. Development shall occur substantially as shown on these exhibits unless otherwise noted in these conditions. 2. The applicant shall submit a reproducible copy of the condominium plan prior to approval of the final map. This plan shall incorporate all requirements of approval and shall be subject to approval of the Planning Director. 3. The applicant shall comply with all rules and regulation of the respective sewer and water districts regarding sewer to the property. 4. The applicant shall pay park-in-lieu fees prior to recordation of the final map. 5. The final map shall not be approved unless the City Council finds at the time of such approval that sewer service is available to serve the subdivision. 6. This condominium permit is approved upon the express condition that building permits will not be for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued. 7. The applicant shall provide a minimum of fifteen square feet of landscaping in the courtyard in containerized planters. 8. All walkways in the driveway shall be made of embossed and colored concrete. 9. Automatic garage door openers and trash compactors shall be provided for each unit. 10. The applicant shall submit a detailed landscape and irrigation plan at time of building permit application. This plan shall provide adequate landscaping along the street and driveway to the satisfaction of the Planning Director. 2. Q<CO 5 1 2 3 4 5 6 7 8 9 10 11 12 13 O u. - I 14 V i§ 15 < 16 17 18 19 20 21 22 '23 24 25 26 27 28 11. This approval is expressly conditioned upon payment of the applicant of a public facilities fee required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated by reference, and according to the agreement executed by the applicant for payment of said fee. A copy of that agreement, dated January 23, 1980, is on file with the City Clerk and incorporated by reference herein. If said fee is not paid as promised, this application will not be consistent with the General Plan. 12. The City Council, by approval of Resolution No. 6096 , has granted Variance No. 297 to reduce the internal setbacks around the driveway to five feet. The project shall be redesigned to accommodate the five foot setback 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, held on the 4th day of March / 1980 by the following vote, to wit: AYES: Councilmen Packard, Anear, Lewis and Councilwoman Casler NOES: Councilman Skotnicki ABSENT: None *1^j£~- 6f'<>r-/^ RONALD C. PACKARD, Mayor ATTEST: A K^ ALETHA L. RAUTENKRANZ, City Cl^rk (SEAL) 3.