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.
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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
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' 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)
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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
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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: '
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CARLSBAD PLANNING C iW4ISSION u
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