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HomeMy WebLinkAbout1980-09-02; City Council; 6335-1; Seven Unit Tentative Tract Map and Condominium Permit CT 80-22 / CP 101 Latitude 33CITY OF CARLSBAD AGENDA BILL NO. 6335-Su~~lement 1 DATE : September 2, 1980 D"PARTMENT City Attorney . ilc) ' Initial : Dept . Hd . C!. Atty.\!& C. Mgr. Subject:: SEVEN UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT CASE NO: 80-22/CP-101 APPLICANT: LATITUDE 33 Statement of the Matter The City Council, at your meeting of August 19, 1980, directed the City Attorney to prepare the necessary documents approving Tentative Subdivision Map (CT 80-22) and Condominium Permit (CP-101). A resolution in that regard is attached. Exhibit Resolution No. 629.3 . Recommendation . If,the City Council concurs, your action is to adopt Resolution No. 629.3 approving Tentative Subdivision Map CT 80-22 and Condominium Permit CP-101. Council Action: 9-2-80 Council adopted Resolution 6293, approving CT 80-22 and CP-101. p 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 RESOI,WTION NO. 6293 A RESOLUTION OF TIIF, CITY COUNCIL OF THE CITY OF CAKLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION iNAP (CT 80-22) FOR A 7-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-1.01) FOR SAID FROJECT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF LINCOLN ST'REET BETWEEN PINE AVENUE AND WALNUT AVENUE. APPLICANT: LATITUDE 33. WHEREAS, on July 23, 1980 the Carlsbad Planning Comvission adopted Resolution No. 1672 recormending to the City Council that Tentative Subdivision Map (CT 80-22) and Condominium Permit (CP-101) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on August 19, 1980, held a public hearing to consider the recornmendations of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-22) and Condominium Permit (CP-101) ; 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. 1672 constitute the findings of the City Council in this mztter. C. That said Tentative Subdivision Map, together with 9 10 11 12 0 19 20 21 22 23 24 2$ .26 27 28 I 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 Subdivison Map (CT 80-22) and Condominium Permit (CP-101) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfactior of the conditions contained in Planning Corrmission Resolution No. 1672, dated July 23, 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 '2nd day of September , 1980 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchjn NOES: NOR? ABSENT: None ATTEST: .( SEAL 1 -2- '? -4 .* J .2 3 -4 5 G 7 8 9 10 11 32 " . 53 3.4 2-5 3.6 3.7 I .. 34 19 20 21 22 23 24 25 RG 27 , 213 L El PSSOLUTION NO - 6293 .'BIT A TO CITY COUNCII PLANNING COFWTSS JON 1x:SoruwoN NO. 1672 P A RESOLUTION OF TITZ PLANNING COMMISSION OF THE CITY OF CARLS J3AD, CALIPORNIA, RECOMPIENDXNG APPROVAL OF' A TENTATIVE SUCDTVlSION FlAP AND A CONDOFSINlUM PEP&lJ T TO 'DEVELOP SEVEN (7) UNITS OF LINCOLN STREET CE3'WEEN PlNE AVEKUE AND WALNUT AVENUE. ON PROPEETY GENERA1,LY LOCATED ON TJ1E EAST SIDE APPLICAN?' : UT-ITUDE 3 3 CASE NO: CT 80-22/CP-101 . WHEREAS, a verified application for certain property to, wit: The northwesterly 100 feet of Tract 219 of ThumlBnds, in the City of Carlsbad, according to Map thereof No. 1081, filed December 9, 1915 has been filed with the City of Carlsbatd, and referred to the Planning Corrmission; and WEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad I\lunicipal Code; and VJJYEIIEAS, the'Planning Commission diti, on the 23rd day of .- . . . . . . . .. . .-.~ .. . .. .- July, 1980, ho3.d a duly,noticed public hearing as prescribed by' law to consider. said request; and WHEREAS, at said public hearing , upon hearing and considering al-l- testi.mony and arguments,' if any, of all persons desiring to be heard said Commission considered all ' factors relating to the t -. S'ciitativc Tract Map and Condoininiuni Perinit. * NOW, TIIEREFORE, BE IT IICREBY RESOLVED by the Planning * .. 4 Coininissioii as follows : A) That the above recitati.ons are true nnd'corrcct. 13) That based on the evidence presented at the public licarincj, on thc following findings 5iXIEGr;Pcct to the EolLoxing conditions : . the Commi.ssion rccommcncls APPIIOVAL of CT t30-22/CP-101, based c . pi ncl inqs : .-I___ 3 2 5 *' 1 .. Thc site is physical-ly suitable for the type and density of tlie development since the site is adequate in size and shape, to accommodate rcsidcr+ial. devclopmcnt at the density proposed and still meet all the requirements of the condom i n i urn ordinance . The project is consistent with all city public facility policics and ordinances since: a. b. C* d. e, f. The use The applicant has received 7 edu's from the second phase sewer allocation in the City of Carlsbad Sewer Distrj-ct. I The Planning Commission has, by inclusion of an appropriate condition to this condominium permit and tentative subdivision map, insured that the final map bill 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 shall be placed on the final. inap that building permits will not be issued for the condominiurn project unless sewer service is available, and building cannot occur within the project uiilcss is satisfied that the requirements of the public facilities element of the general plan have been net insofar as they apply to sewer service for this tentative map and condominiurn permit approval School facilities will be provided by the Carlsbad Unified School.District. I sewcr service remains available, the Planning Conmission , Park-in-lieu fees are required as a condition of approval All necessary public improvements have been provided or will be required as condi,tions of approval. The abplicant has agreed and is required by the inclusj.on of an appropriate condition to pay a public facilities fee, Performance of that contract and payment of the Ece will' enable this body to find that public. facilities will be available concurrent with need is required by the General Plan. I proposed pro jcct ik compatible with the surrounding land since much of the surroundi-ng property has been or is being dcvelopcil in a similar manner. . 5) The. proposed tentative map and condominium project mccts all of the dcsicjn criteria of the condominium ordinance as dctnilcd in thc staff report-, and exhibit "A" da'tcd June 27, 19130. . The propoccd tcnt'ativc- map and conclornin.i.um project mcets a1.1. of the clc?vcI.opncni: ~ta~it'ln~cls of thc coiitlo~niniuiii ordinance as .. G 1 1- ._ ' - detailed in the staff report and Exhibit "A" dated, June 27. 1980. .r 7) The design of the proj*cct and all required improvcmcnts wi.11 not cause any signifiknnt cnvironmcntal irnpacts since , based on an initial study and field invcstigation of the site, the Plannhg Director has issued a negative declaration on July 14, 1980, Log No. 724. Conditions --__I_ Approval is granted for CT 80-22/CP-201, as shown on Exhibit(s) "Atr, "B'', and "C", dated June 27, 1380, incorporated by reference and on file in the Planning Department. Developmcnt shall occur substantially as shown unless otherwise noted in these conditions. This projkct is approved upon the express condition that building permits shall not be issued for development of the subject property unless the City Enqineer dek.crmir,es that sewer- facilitTes arc, available at- the-time of appl-ication for such sewer permits and will continue to be available until time of occupancy. This project is approved upon the express condition that the final. map shall not be approved unless the C-i-ty Council finds as of the time of scch appro.va1. that sewer service is available to serve the subdivision. This project Ls approved upon the express conditic,i 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 incorporztcd . herein by reference, and according to the agreement ,. executed by the applicant for'payiiient of said fee a copy of that agreement dated April 17, 1980, is on file with the City Clerk and is incorporated hcrein by reference. If said fee' is not paid as promised, this application 'will not be consistent with the General Plan and approval for this project shall be void. 'The applicant shall prepare a rLproducible mylar of the' f i 11 a 1 condom i n i'um s i tc p 1 an in c o I' po r a t i n g the con d i t i on s contained herein. Said sltc plan shall be submitted to and approved by the Planning Department prior to the issuiincc of building permits. The applicant shall prepare a detailed landscape and irrigati.on plan which shall be submitted to and approved by the Planning Department prior to final map approval. .. The applicant shal.1 cstnhlish n homeowner ' s association and corrcspon:Iincj covenants , condition:; and restrictions . Said CCG~II'S shall bc sulmittcd .to and npprovcd by the I?lanning Drpnr.tmcnt prior to filial map approval. IZI3SO II XG72 , I" , 8) In order to providc'for fire protcction during the construction period, the applicant shall maintain adequate fire hydrants .with rcquired fire flows shall be installed on and off site as required by the Fire Department. , passable vehicular access to all buildings e In addition, /- 9) The applicaiit shall instdl street trees to city spec- ifications at 40 foot intervals along all public street frontages prior to final occupancy of any building. The variety of said trees shall be subject to the approval of the Parks and Recreation Department. 10) The applicant shall pay park-in-lieu fees to. the .city, prior to the approval. of the final map as per Chapter 20.44 of the city s subdivision regulations, 3.1) Any signs proposed for this deve1opn:ent shall be designed in conformance with the City's Sign Ordinance Department prior to installation of such signs e . and shall require review and approval by the Plannhg 12) A11 landscaped areas shall be maintained in a healthy and thriving condition, free froin weeds, trash, and debris. .- 13) Trash recept2cle areas shall be enclosed by a 6. foot high masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning Dircctor and Fire Marshall prior to final map approval. shall be architecturzlly integrated and shielded from view and the sound buffered ftt-oin adjacent propertics and Buil.ding Department. 14) All roof appurtenances, including air conditioners, . and streets to the satisfaction of the Planning Department 15) Approval of *thi-s request shall not excuse compliance with a11 sections of the zoning ordinance and all other applicable aity ordinanccs in effec,t at time of building permit issuance. *. . 4 26) The devclopcr shall receive the approval of thc Cj-ty Engineer for a site grading plan and obtain a grading permit prior to issuance of building permits if grading quantity exceeds 250 cubic yards. 17) Drainage improvcmcnts shall be constructcd in accordhncd with an approved plan, and thc work shall be coordinated . with the overall plm for grading to the satisfackion of t'hc City Engineer. ALI. units s1ia1.1 provic~c space for laundry facilities to nccommodatp a washcl: and dryer . .' ii) '1 *-. . 1 ,2 3 4 5 6 7 ., a 9 3.0 3.3. 12 13 15 36 . 17 Id 20 23 2 4. . , 25 2G 27 , 20 I 'A- Y. l I a. All. private driveways shall be kept clear of parked vchiclcs at all times, arid shall have posted "NO Parking/Fire Lane/ Tow Away Zone" as pcr condition in Municipal Codc. The developer shall ihprovc Lincoln Street to city standards and subject to the approval of the City Enyincer based on a centerline to curb face width of 20 feet prior to the dccupancy of any units. / . Prior to final occupancy of any units, the visitor parking spaccs shall be signed and labeled to the satisfaction of the Planning Director. PASSED, APPROVED AND ADOPTED at a regular meeting of.the Planning Commission of the City of Carlsbad, California, held on the 23rd day of July, 1980, by the following vote, to wit: * AYES: Schick, Larson, Friestedt, Rombotis, Marcus, Lceds and Jose NOES: None .. ABSENT: None ATTEST' : CARLS BAD PLANN I NG I. .. . 1) LAN N fr NG e 6i'MI S S I ON / I. .' .. -5- .. ".