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HomeMy WebLinkAbout1980-09-02; City Council; 6334-1; 5 lot tentative tract mapCITY OF CARLSBAD AGEYDA BILL NO. 63 34-Suppl.ement 1 Initial: DATE : September 2, 1980 Dept Hd . C!. Atty.VH> DEPARTMENT City Attorney C. Mgr. a Subject: 5 LOT TENTATIVE TRACT MAP CONSISTING OF 3 LAND LOTS AND 2 AIRSPACE LOTS. APPLICANT: BLANKENSHIP CASE NO: CT 80-18 Statement of the Matter The City Council, at your meeting of August 19, 1980, directed the City Attorney to prepare the necessary documents approv- ing Tentative.Subdivision Map (CT 80-18). A resolution in that regard is attached. Exhibit Resolution No. 29 . Recommendation If the City Council concurs, your action is to adopt Resolution No. [,29s/ approving Tentative Subdivision Map CT 80-18. Counci 1 Action: 9-2-80 Council adopted Resolution 6294, approving CT 80-1 8. 1 2 3 4 5 6 7 €3 9 10 11 12 0 a .19 20 21. 22 23 24 25 26 27 28 1 RESOLUTION NO. 6294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-18) FOR 3 LAND LOT AND 2 AIRSPACE LOT DIVISIONSONPROPERTY GENERALLY LOCATED ON THE WEST SIDE OF HARDING STREET BETWEEN AVOCADO LANE AND CAMELLIA STREET. APPLICANT: BLANKENSKIP. WHEREAS, on July 23, 1980 the Carlsbad Planning Commission adopted Resolution No. 1670 recommending to the City Council that Tentative Subdivision Map (CT 80-18). be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on August 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 80-18); and WHEREAS, said Tentative Subdivision Map has 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. 1670 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 3 m. ' the conditions of this' resolution, is coiisistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivis.ion Map (CT 8Q-18) is 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. 1670, marked Exhibit A, attached hereto and made a part hereof., and suhject to the following additional condition which has been added to Resolution No. 1670: "11. Condominium development for the two airspace lots shall not occur until a Condominium Permit is approved for such development. 'I PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 2nd day of-atember , 1980 by the following vote, to wit: 3 AYES : Council Members Packard, Casler, Anear, Lewis and Kulchirr NOES : No ne ATTEST : ALETHA L. RAUTENItRANZ, City Clerk 0' (SEAL) -2- EXfIIF-' A TO CITY COUNCTL RESOLL~ION NO. 6294 A RESOLUTJ.01.? 01:' TIIE i'LANNIKG C@!~QSISSION OF TIIE. . ' .- CITY OF CAllLS13ALI , Cr\l:,IFORMIA , R~~~COMMEMDING APPROVAL OF A TE?X'ATIVE SUT1DIVlSIOia PIAP FOR LAND AND AIRSPACE I~I~VTSION ON E'IZOPERTY GI.',NERnLLY LOCATED ON WE WEST smr: OF I-IARDING STREET , . BI~T\2'L;:EI\J AVOCADO LANE AND CAMELLIA STRE:ET. AI'PLIC'AN7,' : BIAIWEI\JSJII~~ -- CT 80-18 - " CASE KO: .--- WHERYAS, a verified ap2lication for certain property to wit: Lot L of Parcel Map 428 in the City of Carlsbnd, .County .of San' Ilieyo, State of California, filed in tlie Office of the County Recorder of January 20, 19-11, as file No. 11423 behg a portion of Zot A, of Brehtwodd Village Map No, 4369 recorded 'October 19, 1959. has-been filed with' the City of Carl-sbad, and referrcd to the t. Pianning Commission; and WIIEREAS, said verified application constitutes a request as provided by Title 21, of the Carlshad Pluiiicipal Code; arid I WHEREAS, tlw Planning Commission did, on the 23td day of July, 1380, hold a dul'y noticc:l pub]-ic hearing as p?esci:ibed by law to consider said request; and WHEREAS at said public hearing, upon hearing and considering ? all testimony and arguriients, if any, of al.1 persolis desiring' to he heard, said Conmission considered all factors rclatiiig to the? Tentative Tract lilap. .I. , NOW, TIIEREFOE3, 1312 %T IIEREDY RESOLVED by the Planiing ' T3) That bnsccl on the cvidcncc presented at- the pub1i.c hearhcj, ' thc Comluission rcconimcnds APDIKIVAL of CT 80-1.8, based 011 the following findings anclsYilYjcct to the following conditions .*' s J C 33 7, i 12 14 15 19 20 21 22 i city ' s l.ilnd-1~st3 designation of rcsidcntial medium density. Al.so, as conditioned, the project is consistent with all other clcments of tlie general p1.an e That the site is physically suitable for the type and dens of dcvcl.opmcnt siricc the site is s,dequ.ate in size and topography to accommodate residcntial dc2velopment at the 1:y proposed dc:isity and still meet all of the city's subdivision rcgulations . That the project is consistent with all city public facility policies and ordinances since : The City of Carlsbad has all.ocated 4 edu's to accoriunodate development of the property. The existing unit is presently scrved by the City of Carlsbad's Water District, Schoo-l facilities will be provided by the Carlsbad Unified School District. Payment of park-in-lieu fees has becn made a condition of approval. .. The applicant has agrced and is required by the inclusio:? of ai1 appropriate condition to pay a public: f;lcilii-.icis fee. Performance of that contrazt and payment of the, fee wil: enable this body to find that public facilities will be available concurrent with need ES required by the Scrieral plan. The Planning Cornmissi.on has, by inclusion of an approp- riate conditj-on to this tentative subdivision map, insured that the final map will not be approved unless the City Council finds that sewer service is availGble .to serve the project. In' addition, the Planning 1 Commissioii has add.ed a condition that a note be placed . on the fnal map that buildiiig permits will not be issued for the project unlcss the City Engineer determimes that sewer service is available. Since the final. inap can1:o-t; be approved unlcss sewer service is available, and building cannot occur within the project unless' scwcr service remains available , the Planning Coiiimiscioii . is satisfied that the reyuircmcnts of the public facilities clciiicnt of the General. Plan have hecn niet insofar as they apply to sewer service for this tcntati.ve map approval. 4) ,That the design of thc suhclivision and all required improve- ments will not ciiusc ' any significant cnvi.i:onmcntal i.mpact:s sincc, l~nsccl on mi initial study and ficld invcstigntion of dc!cJ.;11:r-rt.ion on July 17, 19110, Log No. 72U. . thc sitc, thc Planning ~.i.i:cct;or has issued a negative .. b G 7 I 9 ac 1.2 12 13 :I. 4 3.5 JG 2.7 18 29 20 2 3. 22 23 24 25 26 27 , 20 3, 2 .. '1 d .. __ & .o 5 , '. 5) ?'hat the design of the su!ilivision and typc of improvcmcnts will not conP1ict with cascmcnts for pub1.j.c use or public acccss through the subj cct progerty . 20 and the Subdivision Map Act as refcrcnccd in the staff report. . 6) That the subdivision map satisfi-es all requircmcnts of Title Approval is granted for CT 80-'18 , as shown on Exhibit A, ' dated 7/1/80 and Exhibit 13, dat-cd 6/3/60 incorporated 5.y reference and on file in the Planning Department. Devel-opiiien-; shalP'occur substantially as shown unless otherwise rioteci in these conditions. 'I'his project is approved upon tlie express ccnilitioi? that building permits shall not be issiied for development of the subject property unless the City Engineer ciekerinines that ' sewer facilities are available at the time of appli.cati.on for such setl7cr permits and wj.11 continue to be available ilnti: time of occupancy This project is approved upon the express condition that the final map shall not be approved unless tlie City Council finds as of the the of such approval that sewer service is availab: to serve the subdivision. This project is approved '~pon the express ccndLt5.m that the applicant shall pay a public facil-ities fee as required by City Counci.1 Policy No. 17, dated August 29, 19-10, on file with the City Clerk and incorporated herein by reference, and according to the agreement esecutcd by the applicant for paymcnt of said fee a copy of, that agreement; dated Pebiruary .24, 1980, is on file with the City Clerk and is incorporated herein by reference, If said fee is not paid as promised, this application will not be cofisistent with the Gc'ncrai Plan and approval for this project shall be void. * The applj-cant shall. prepare a detailed landscape an.d irriyat i t plan which shall he sub~iti.ttccl to and approved by tl;c Plannj.ng Department prior to fiina.1 imp approval. The applicant sha11 pay pnrk-j.n-licu fees to the city, .pi:ic?r to thc approval oE tlie final map as per Chapter 20.14 of the city's subdivision regul.ntlons. Approval of this rccpest shall not excuse compliance with, all sections of the Zonj.ny Ordinance and a1-1 othcr appl-icablc cit] ordinances in cffcct at tinic of Final Plap ~ippr~vil. .. I . .. Thc: applicant shall .i.nstrill a whce1.chair ramp, at the coriIc:r of Avocado Jane and l!ard-incj St-rcet, to city standards prior , to occupancy of any units. The applicant shall remove the existing concrete parking area and rcpl-ace with a 12 ' paved driveway in conformance with city standards. The app1.icant shall provide two off-street parlcjnj spaces on Lot 1, per- Exhibit "A" . Said improvements. shrill be j.nstalled prior . to OCCUF~I~C~ of any units. PASSED, APPROVED AND .ADOPTED at a regElar meeting of the Planning Commission of the City of Carlsbad, Ca1ifornj.a , held on the 23rd day of July, 1380, by the following vote, to wit: AYES: Schick, Larson, Fricstedt, Marcus, Leeds, Romlsz~tis I and Jose . NOES: None I- ABSENT: None ATTEST: ' .. CARLSBAD PLANNING C iW4ISSION u c -.Q - . i ! .. .i ' ..