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Home My WebLink About1980-07-15; City Council; 6282-1; 5 unit tentative tract map and condo permitCITY OF,CARLSBAD DATE: July 15, 1980 DEPARTMENT City Attorney Initial: G=- C. Mgr. Subject: 5-UNIT TENTATIVE TRACT MAP AND CONDOFINIUM PERMIT CASE NO.: CT 80-7/CP-57 - SPEARE -_ Statement of the Matter The City Council, at your meeting of July 1, 1980, directed the City Attorney to prepare the necessary documents approv- ing Tentative Subdivision Map (CT 80-7) and Condominium Permit (CP-57). A resolution in that regard is attached. Exhibit Resolution No.1, 3 +/ . Recommendation If the City Council concurs, your action is to adopt Resolution No. 62q/ , approving Tentative Subdivision Map CT 80-7 and Condominium Permit CP-57. Council Action: 7-15-80 Council adopted Resolution No. 6241, approving CT 80-7 and CP-57. . E RESOLUTION NO. 6241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-7) FOR A 5-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERYIT (CP-57) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF JEREZ COURT, LA COSTA. APPLICANT: R. SPEARE. WHEREAS, on June 11, 1980 the Carlsbad Planning Commission adopted Resolution No. 1643 recommending to the City Council that Tentative Subdivision Map (CT 80-7) and Condominium Permit (CP-57) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on July 1, 1980, held a public hearing to consider the recommenda- tions of the Planning Commission and to receive all reconmenda- tions and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-7) and Condominium Permit (CP-57) : 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; 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. 1643 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 1 2 3 4 5 6 7 8 9 10 11 12 n 19 20 21 22 23 24 25 26 27 28 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 80-7) and Condominium Permit No. (CP-57) 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. 1643, dated June 11, 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 15th day of July , 1980 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin ATTEST: (SEAL) 2. b b ,. .. J 2 z 4 F b .€ 7 E s ZC 13. 12 1: 14 15 16 17 1c 19 20 21 22 23 24 25 26 27 213 - . .. . .. ‘ EXHIBIT L. TO RISSOLUTION NO. 6247 .. . .. . . . ., . . . , . . .. .. . . A RESOLUTION OF TIIE PLANNING COXi4ISSION OF APPROVAL OF A FIVE UNIT CONDOMIIJIUM DEVELOPMENT . ON PKOlZERTY GENERALLY LCCATED ON TIIE WEST SIDE OF JEIlEZ COURT, LA COSTA. APPLICANT : R. SPEA3E CT 80-7/CP-57 CASG NO: THX CITY OF CARLSBAD , CALIFORNIA, RECOMMENDING ^- c_ WHEREAS, a verified application for certain property to, wit:‘ Lot 364 of La Costa South Unit No. 5, City of Carlsbad, accordirq to Map No. 6600 filed in the County of San Diego, on March LO, 1970 has been filed with the City of Cc?.rlsbadl, and referred to the Planning Commission; and WHEP?AS, said verified application constitutes a request: as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Conmiission did, on the’ 11th day of June, 1980, hold a duly noticed public hearing 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 Commission considered all factors relating to the Tentative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEREBY kESOLVED by the Planning Coinmission as follows: A) That the above recitations are true and corrcct. U) That based on the evidence prcscntcd at the public hearing, the Commission rcconuncnds APJ”IVAL of CT 80-7/CP-57, based on the following finding:; and subject to the following conditions ---- T-l F 5. nc3a : - I " .' E ,. 1 c 11 li 14 , 1.6 17 10 19 20 21 23 24 , 25 26 27 20 The site is physj.cal.ly suitable for the type and density of development since the site is adequate in size and topogrn1)hy to accomitiociatc residential development at the proposed dcrrsi ty and still mcct all of thc city's condoniinium and subdivision regulations without creating any significant environniental impacts. The project is consistent with all city public facility policies and ordinances since: '1 The Leucadia County Water District has allocated suf ficicnt sewer connections for the project. The applicant has agreed and is required by the inclu- sion of an appropriate condition to pay a public facilities fee. Performance of that contract and payincnt of the fee will enable this body to find that public - facilities will be available concurrent with need as required by the general plan. School fees to mitigate conditions of overcrowding are requircd at the time of building permits pursuant to Chapter 21.55 of the Carlsbad Municipal Code. The Planning Conmission has, by inclusion of an appro- priate condition to this condominium permit and tentative subdivision map, insured that the final map will not he approved unless the City Council finds that sewer service is available to serve the project, In adiiiti.on, 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 servi.ce is available, and building cannot occur within thc project unless sewer service remains available, the Planiiing Commission is satisfied that the requircments of the public facilities element of the general plan have bectn met insofar as they apply to sewer service for this condominiurn permit and tentative map approval. 9 design of the project and all required improvements wi3.1 cause 'any significant environmental impacts since based 011 an initial study and field investigation of the site, the Planning Director has issued a negative declaration on May 5, 1980, UIA No. 696. The proposcd condominium project mce ts the criteria of Chapter 21.47 (Condoinini.uins) since : - a) T'hc condoxnini.u~nr; meet thc dcsign criteria of Chapter 21.47.110 since thc ovcrit1.1 pI.an is comprciicnsivc , cml,racj.iirj land, huil dj ng I lnnc?scaping aid tiicir relation- ships, thc driveway is not doni-Lnant €cnt-\irc, and suf- Eicicnt circulalion and on-s.i tc nmcnitios arc providcd. .- W~PA JI I I: A a -9- 3 4 a 9 12 12 13 14 25 16 17 .. ' 18 19 ' 20 21 22 23 24 25 26 27 20 . .. , .. . .. ... . . I.. . . . .. . . . . . . . . - . , . , . . .. b) Storage space, lau.ndt-y facilities, open recreation areas, parking facilities, refuse areas, separate utilities and requirements 02 Section 21.47.130 have been met or will be conditi.ons of approval. 6) The design of the subdivision and type of improvements will no1 conflict with easements for public use of public access through the subject property. Conditions Approval is granted for CT 80-3/CP-51 as showh on Exhibits A and C to CT 80-3/CP-51, datcd 5/27/80, on file in the Planning Department and incorporated by reference, Develop- ment slzall occur substantLally as shown on these exhibits unless otherwise noted in these conditions Prior to the issuance of building permits, the applicant shall prepare a reproducibl-e copy (Nylar) of the iinal condo- minium site plan incorporating all requirements of the condo- minium perrrdk approval arid shall be subject to the approval of the Planning Director. . The applicant shall provide school fees to miti-gate conditions of overcrowding as part of building permit application. These fees sha.21 be based cn the fee schedule in effect at the time of building permit application. Tile app1.i.cant shall pay park-in-lieu fees to the city prior to the approval of the final map. This subdivision and condominium plan is approved upon the express condition that the final map shall not bc approved unless the City Council finds as of the tirne,of sudi approval that sewer service is available to serve the subdivision. 4 This subdivision condominium plan is approved upon the express condition that building permits will not be issued for development of the subject property unless the City ITngineer determines that such sewer facili tics are available at the time of application for such pcrmits and will continue to hc available until time of occupancy. If the City Engineer detcrminc's that sewer f acili.ties are not available, builcli.ng permits will not be issued. This approval is expressly condi.tj.oncd on tlic payment by the applicant of a public facilities fee as rccjui.rcd by City Council Policy No. 17, datcd August 29, 1979, on file with the City Clerk and incorpora-l:.ccl hercin by rcfcrciicc, and according to the agrccmcnt cxccuLecl by tho application for paymcn(r. of said f'cc. A copy 0% that ac~i:~?cnicnt, dat.cd 5/5,/~10, is on file with the, City Clcrk and j.ricorporatcd hcrci.n by rc?fcrcncc. I$ said fc;e is not: paid as proriiiscxl, this application wi. 1.1. not he cori:;.i.r;txnt wit11 tlic qcncral pl.nn and tlx projcct. cannot: procc?c?d and this approval slia1.1. bc? void. - * . ,.‘ I .. 1 2 3 4 5 .6 7 8 9 10 12 12 13 14 15 16 17 18 i $92 6’ 20 21 23 26 27 20 0) Automatic garage door openers shall be installed by the applicant on all garage doors prior to final occupancy of iny uiii t . PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Comnission of the City of Carlsbad, California ,. held on 11th day of June, 1980, by the following vote, to wit: AYES; Schick, Larson, Friestedt, Marcus, Leeds and Jose NOES: None ATTEST : CARL S BAD PLAN N 1: N G COHP$tS S I ON \\ L- v--.,.c’ JA,MES C. IIAGANAN, Sec’retary ~ARLSBAD PLANI~ING COIQIISS;~ON / PC RESO 11 1643 -4-