HomeMy WebLinkAbout1980-08-05; City Council; 6299-1; 16 unit Airspace Tentative Tract map&Condo PermitI
CITY OF CARLSBAD
I AGENDA BILL NO-- - 1
DATE : Auqust 5, 1980
DEPARTMENT City Attorney
Initial: Dept .Hd.
C. Atty.VX '.,
C. Mgr.
Subject : 16 Unit Airspace Tentative Tract Map and Condominium Permit Applicant: Saleen -- Case No. CT 80;17/CP-83 --
Statement of the Matter
The City Council, at your meeting of July 15, 1980, directed the City Attorney to prepare the necessary documents approving Tentative Subdivision Map (CT 80-17) and Condominium Permit (CP-83). A resolution of approval is attached.
Exhibit
Resolution NO. 6 2 s3 .
Recommendation
If the City Council concurs, your action is to adopt Resolution No. & 26-3 approving Tentative Subdivision Map CT 80-17 and Condominium Permit CP-83.
Council Action:
8-5-80 Council adopted Resolution 6253, approving CT 80-1 7/CP-83.
.I
3,
2
3
4
5
6
7
8
9
10
11
12 a
0 18
19
20
21
22
23
24
25
26
27
28
RESOLWTION NO. 6253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING WITH
CONDITIONS TENTATIVE SUBDIVISIOM MAP (CT 80-17) FOR A 16-UNIT CONDOMINIUN PROJECT AND APPROVING CONDOMINIUM PEmlIT (CP-83) FOR SAID PROJECT ON
OF UNICORN10 STREET AT CACATUA STREET.
APPLICANT: SALEEN.
PROPERTY GENERALLY LOCATED or? THE SOUTHSIDE
WHEREAS, on June 25, 1980, the Carlsbad Planning Commission
adopted Resclution No. 1658 recommending to the City Council
that Tentative Subdivision Map (CT 80-17) and Condominium Permit
(CP-83) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
July 15, 1980, held a public hearing to consider the recommenda-
tions of the Planning Commission and to receive all recommendations
and hear all persons interested in or opposed to Tentative
Subdivision Map (CT 80-17) and Condominium Permit (CP-83); and
TIEREAS, said Tentative Subdivision Map and Condominiurn
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: 8
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 1658 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
applicable general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 80-17) and Condominiun
Permit No, (CP-83) are hereby approved subject to all applicable
requirements of the Carlsbad Municipal Code and to the satisfactior
of the conditions contained in Planning Commission Resolution
No. 1658, 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 5th day
of August , 1980 by the following vote, to wit:
AYES : Counci 1 Members Packard, Cas1 er, Anear and Kul chi n
NOES: None
ABSENT : Counci 1 Member Lewi s
1 *RONALD C, PACKARD, Mayor
ATTEST : .- ,
ALETHA L. RAUTENKmNZ, City Clerk
2.
1
2
3
.4:
5
:6
7
a
9
10
13.
12
13
14
15
16
17
18
19
20
21
23,
23
24
25
26
27
20
EXHIBI' 4 TO RESOLUTION
NO. 6233 ..
PIANNING COMMISSION RESOLUTION NO. 1658
A RESOILJTION OF THE PLANNING CObIMISSION OF THE
CfTY OF CARLSBAD, CAL'IFORLJIA I YGCOZIMENDING
CONDOMTNIUPI PERMIT TO DEVELOP 16 UNlTS ON
PROPERTY GENERALLY LOCATED ON THE SOUTIISIDE OF
UNICORN10 STPSET AT CACAT'JA STREET. APPLICANT : SALEEI?
CASE NO: CT 80-17/CP-83
APPROVAL OF A TENTATIVE SUBDIVISIOId XRP AND
WHEREAS, a verified application for certah property to, wit:
Lot 423 and 424 of La Costa Meadows Unit No. 3, in the
County of San Diego, according to nap thereof No, 7076,
f.i:led in the Office of the County Recorder of San Diego
County, Oc'tobcr 6, 1971
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutcs a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WIIEREAS, the Planning Commission did, on the 25th day of Jure,
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 t5e
Tcr.zat.ivc Tract !lan and Condcminium Permit',
NOW, TWEREFORZ! BE IT HER.EI3Y RESOLVED by the Planning
Conr--,ission as follows:
A) That the abovc recitations are true and correct.
U) That based on the evidence prcscnted at t.hc public hearing,
the Conimiss?.on recommcriils APPROVAL of C!C' 60-17/Cl?-83 based on the following findings arid subjcct . to tlic foll.owing conditions:
_I--~
li'.i.iul i.nq-s :
1) Tliat thc project is consist:cnt with the cj.ty's current. Cencral
-- .. - -
Plan hccauzc it is within tlic: dcrisity range c:;t;ibl.isticxl for
.,
..
1
2
3
*4
5
.6
7
a
9
10
12
12
13
14
15
3.6
3.7
18
19
20
21
22
23
21
25
26
27
28
this site. Also, as conditioned, the project is consistent with all other elements of the General Plan.
The site is physically miitable for the type and density of development since the site is adequate in size and topography to acconmoda tc residential development at the proposed density and still meet a11 of the city's condominium and subdivision regulations without creating any significant environnental
inipac t s .
The project is consistent with all city public facility
policies and ordinances since:
The Leucadia County Water Dj-strict 1x1:; allocated
sufficient sewer connections for tho project.
The applicant has agreed and is requjxccl by the incl.usion
of an appropriate condition to pay a public facilities fee, FerEorrcance of that contract and payment of the fee
will enable this body to find that pulzlic facilities will be available concurrent with necd as required by the general plan.
School fees to mitigate conditions of overcrowding are
required at the time of building peri:tiI;s pursuant to
Chapter 21.55 of the Carlsbad Municipi7.L .- Code.
The Planning Commission has, by hclusion of an approp- riate condition to this condominium pe mit ard tenkativc
subdiv'ision 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 p,roject unless the City
Engineer determines that sewer servicc is available.
Since the final map cannot be approvcd unless sewer service is available, and'building cannot occur within the
project unless sewer service remaims available, the
Planning Commission is sati.sf ied that the requiremcnts of the public facilities clement of the General Plan have
been met insofar: as they apply to sewer scrvicc for this
condominium permit and tentative map approval.
..
design of the project and a3.1 required improvemcnts will
cause any sicjni. f icant environmcnhl j.inpacts since, based
on an initiai study and field invc!sticjnt:i.o;i of the si.&, the Planning Director has issued a nega-tivc declaration on play 23,
.13130, J,og No, 704.
'J'lia proposcd condomiiii.uni project mects the criteria of
Chaptci: 2 1.. 4 7 (Condominiums) since :
1
2
3
.4
5
6
7
a
9
10
21
12
13
14
15
36
17
18
19
20
. 21
22
23
24
25
26
27
2 I!
embracing land, building, landscaping and their relation-
ships, the driveway is not a doininant feature, and
sufficient circulation and on-site amenities are provided
b) Storage space, laundry facilities, opcn recreation areas, parking facilities, refuse areas, separate utilities and
requirements of Section 21.47.130 have been met or will
. be conditions of approval.
The design of the subdivision and type of improvements will no
conflict with easements for public use of public access
through the subject property.
Conditions
Approval is granted for CT 80-17/CP-83, 3.s sliown on Exhibit
"Atr, dated 6/6/80; Exhibit *'B" and "F", dated 6/3/80, and
Exhibits "C" , I'D" , and "E" , dated 6/19/80, incorporated hy rc€erence and on file in the Plq-miiig Dcpar bnent, 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 iinJess the
City Council finds as of the time of suclt clpproval that
sewer service is available to serve the subdivision.
This project is approved upon the express condition
t,,at building permits will not he issued foi- clevel-
opnients of the subject property unless thc City Engineer determines that sewer Eacilities are avail,tble at the
tine 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 hcrein by reference, and according to 'the agreement
executed by the applicant for payincnc of said feeta
copy of that agrccment dcttcd Fcbruay 26, 1980, is on
file with the City Clerk and is incorporated hcrcin by
rcfcrcncc. If said fee is not paid a:; promised, this
aiqlicntion will not be consistent with the General Plan and approval for this project shall be void.
The subdivider sha3.1 install a retai.ninq wnl.1,. of a inaterial compatible with that used for the c:ondominium bnilding construction , at thc pi-c.)pcrty linc along Alqa Road approx-
.i.matc?ly 3'i' hicjli, and shall grade the parkway to cI-i.nii.ria tc thc slopc froin within the right-of-way prior to thc fi.na1.
C)CCU~~IIIC~ of any units.
1
2
3
4
5
6
.7
a
9
10
11
12
13
14
16
. 3.7
.18
19
20
21
22
23
21
25
2G
27
20
The applicant shall establish a homeowner's association and
corresponding covcnants, conditions and restrictions. Said
CC&R'S shall be submitted to and approved by the Planning
Department prior to firpl map approval.
In order to provide for fire protection during the con-
struction period, the applicant shall maintain passable
vehicular access to all buildings. In addition, adequate fire hydrants with required fire flows shall be installed
on and off site as required by the Fire Department,
Street trees of a variety approved by the Parks and Recreation Director shall be installed to ci. ty specificat ions .
at 40 foot intervals along Unicornio Street.
The applicant shall pay park-in-lieu fecs to the city, prior to the approval of the final map as per Chapter
20.44 of the city's subdivision regulations.
The applicant sha1.1 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 buildinq permit
application.
All landscaped areas shall be maintained in a healthy
and thriving condition, free from weeds, trash, and debris,
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 Department prior to the issuance of building permits,
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. *.
'l'hc developer shall receive the approval of the City
Knc~inecr for a site grading plan and obtain a grading
pcrmit prior to issuance of building permits.
Grading shall occur in accordance wit11 an approved
grading and erosion control. plan, city st-.andnrcls I and
an approvcd soils and gcologic invc:stigation report
which sliall includc s3.ol-)(? stability ca Icul.ations and construction spccificat.ions. All cspor;c!d sl.opcs shall.
be hyclromulchccl or othcrwisc stalili zcd prior to the
issuance of building 'perinits suI3:ject; to t~ic approval of
thc City Unginccr .
..
3
i
9
4
C
€
r .1
f
E
1c
13
22
12
14
15
16
17
le
19
20
. *I
22
23
24
25
2G
27
28
Drainage irnprovcrnents shall be constructed in accordance with an approved plan, and the work shall be coordinated
with the overall plar! for grading to the satisfaction
of the City Engineer.
The applicant shall provide stamped concrete or "boiiiinite" linking the open recreation areas. This revision shall
be incorporated on the final condominium site plan.
The applicant shall enter into a future qreement for the .
construction of. a 5 foot sidewalk along the subdivision
frontage on Alga Road prior to the approval of the find map.
PASSED, APPROVED AND ADOPTED at a regular r;icc!ting of the
Plc?nni.ng Commission of the City of Carlsbad, Ct.ilifornia, held on
the 2S1-.h day of June, 1980, by the following vote, to wit:
AYES:- Marcus, Rombotis, Larson, Leeds, Jorie, Friestedt
NOES: None
ABSENT: Schick
'*
, :.
..
1