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HomeMy WebLinkAbout1980-10-07; City Council; 6298-2; 9 unit tentative tract map and condo permitCITY OF CARLSBAU ._---__-.. IN IT I AI- cI_-- AGENDA BILL NO. -L29f- Dept. Hd. @l&A+ October 7, 1980 -- I-- Cty. Atty.\Pf?A ’ DA-fE: - PLANNING DEPARTMENT Cty. Mgr. a6- -_c D E P ART ME N T : .I- ----- 9 UNIT TENTATIVE TRACT MAP.AND CONDOMINIU APPLICANT: SANDY CASE NO: CT 80-1 SUBJECT: The City Council, at its meeting of August 5, 1980, continued this item to allow the applicant to meet with staff to revise condition 19. Since that time, staff has met with the applicant and suggests that condition 19 be modified to set the selling price of any units at 79% of the median selling price of units within North San Diego County. This condition would be enforced by a deed restriction or similar device subject to the approval of both the Planning Director and the City Attorney and would be in force for a one year period from the date of final occupancy of the project. EXH I B I TS 1. Resolution No. 6252 RECOMMENDATION If the City Council concurs, your action is’to adopt Resolution No. 6252. Council Action: 10-7-80 Council adopted Resolution 6252, modified to reflect 79% of San Diego County, with the price not to exceed $80,000. Gitp of .- Page 3 14. AB /I6265 - HAGEE HOUSE Council adopted Resolution No. 6266, amending an agreement between.the City of Carlsbad and th Carlsbad Senior Citizens' Association for use of certain property commonly known as the Magee Hou Council also adopted Resolution KO. 6267, approving an agreement between the City of Carls bad and the Carlsbad Historical Society for use of the Magee House. ITEXS FUQlOVED FROM THE CONSENT CALENDAR : 3. AB :I6298 - Supplement #1'- CT 80-16/CP-74 SANDY. Council recognized Joe Sandy, P.O. Box 590, Carl bad. lir. Sandy requested Council consideration of a continuance of this matter to afford appli- cant and staff the opportunity to discuss an adjustment to Condition No. 19 relating to the maximum selling price. Mr. Sandy explained the $75,000 maximum selling price agreed to by the applicant represented approximately 80% of the median price range of existing home sales at the *present time. In this regard, the applicant was desirous of linking the maximum selling price of these units to the median price range at the tim of sale. Xr. Sandy concluded this would allow flexibility in sales price, either.'up or down, depending upon the market at the time of sale, and would protect both the applicant and the interests of the City. Following brief discussion, Council directed this matter returned to staff for further study in accordance with Mr. Sandy's remarks. TION CHANGES XEQUESTED BY CtmmPiE Local 97. 7. AB #6309 - REPORT TO COUNCIL ON CLASSIFICA- Council recognized A. J. Skotnicki, 3535 Bedford Circle, Carlsbad, CA: Xr. Skotnicki indicated h desired to address Council with regard to the position of Deputy City Clerk only. Skotnicki st-ated the City Clerk, as an elected -official, is responsible for appointing a deputy 'In view that a deputy assumes the responsibiliti to act and direct in the Clerk's absence, it would be in the best interests of the City that the position be recognized commensurately as more than a secretarial posirion. Council accepted the report,' with the exception of the position of Deputy City Clerk, directing a further study of such position. Mr. Council ?l\.lcmber Aricar indicated he requested removal of this i.tem to express the opinion that- permission to borrow books without penalty was a policy decision to be made by Council, rathci- t:h the p;ovcrning body of Serra Coopcrativc Library . Systcui, whi.ch consists of librari-nns of each mcnhcr a1;cncy. Furthcrrnnre , 407, of. the r.>c?i:sons borr0wi.q; from the Cnrlsbnd 1,ibrary were TIO 1: rcsi-dents of the Citv of Carlsbnd. COUNCIL 3. .. Motion Ayes Motion Ayes n 7 . 5 L 4 F c 'i E S 3.C 11 19 20 21 22 - 23 24 25 26 27 28 RESOLUTION NO. 6252 A RBSO,EI'PIOPJ OF THE CITY COUNCIL CIF mm WITH CONDITIONS TENTATIVE SUBDI~~TLSION CITY OF CARLSEAD , CRLIFORIGIA, APPRO-JING MAP (CY 80-16) PO3 A 9--IINIT CONEOMINIUEI PROJECT AND APPROVING CONDOMiNIUbi EEIUliT (CP-74) FOR SATE PROJECT ON PXIPERTY STREET, SETWEEN HOME AVENUE AND GRAnTD AVENUE. XFPLICANT: SANDY. GEI'JERP&T,Y LOCATED ON THE EAST SIDE OF HOPE -- -- - -- WESEREAS, on June 11, 1980 the Caslsbad PI-anning Commission adopted Resolution No. 1547 recommending to the City -Council that Tentative Subdivision Map (CT 80-16) and Condominium Permit (CP-74) be denied; and * WHEREAS, the City Council of the'City of Carlsbad held a pblic hearing on July 15, 1980 to consider the recommendations of the* Planning Commission and to receive all recmmendations . arid hear all persons interested in or opposed to Tentative Subdi- vision Map (CT 80-16) and Condominium Permit (CP-74); and K4EP.EAS, at the conclusion of said meeting the City Council direc.t-,ed the matter back to Planning Department Staff for prepara- tion of suggested findings and conditions consistent with approval .- I of the Tentative Subdivision Map and Condominium Permit and to returr! the matter to them for further consideration; and WHEREAS, Staff $id prepare suggested findings and conditions of approval and their recommendations are set. forth in this resolution; and WHEREAS, said Tentative Subdivisi'on Map and Condomiaium 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; 3 2 z 4 E Y E 7 E 9 IC 11 12 n a 19 20 21 22 23 24 25 26 27 28 NOW, THE€iEF@P!, BE IT RESOLVED by the City Council of the City of Carlsbad, California as fol.lows: A. That the above recitations are true and correct. B. That the following Staff findings constitute the findings of the City Council in this matter: 1. The project is consistent with the Land Use E3ement of the Gereral Plarr which specifies a density range of 10-20 dwelling units per acre. The proposed density of 13 dwelling units per acre for this project is justified based upon the following: (a) The project is located in close proximity to offsite amenities such as recreational facilities, public trans- portation and convenient shopping areas. close proximity to the redevelopment area. housing and a condition has been applied as part of this approval to require the developer to enter into written agreement with the City to er,sure that no unit will be sold in excess of $75,000 with- in the period of time between the adoption of this resolution and one year from the date of final occupancy of the final unit. and density of development since the sice is adequate in size and topography to accommodate residential development at the proposed density and still meet all of the city's condominium and sub- division regulations, as referenced 2n the scaff report. facility policies and ordinances because: supplement the two EDU's existing to service this project. Carlsbad Unified School District. a condition of this approval, the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the general plan. (e) The Planning Commission has, by inclusion of an appropriate condition to this condominium permit and tentative subdivision map, ensured 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 project unless the City Engineer determines that sewer service is available. Since the final map cannot be approved uniess sewer service is available, and building cannot occur within the project unless sewer service remains available, the Planning Commission (b) The project provides for housing located in (c) The project prcvides for reasonably affordable 2. That the site is physically suitable for the type 3. That the project is consistent with all city public (a} (b) School facilities will be provided by the (c) Payment of park-in-lieu fees has been made (a) The applicant has agreed and is required by The City Gf Czrlsbad allocated seven EDL7's to 2. I 2 .E3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 j.5 satisfied that the requireniects of the public facilities elemenl of the Geheral Plan have been met insofar as they apply to sewer service for this condominium permit and tentative map approval. ments will not cause any significant environmental impacts since, based on an initiai study and field investigation of the site, the Planning Director has issued a negative declaration on May 27, 198( Log No. 706. 5. The proposed condominium project meets the require- ments of Chapter 21.47 (Condominiums) since: (a) The project meets the design criteria of Chapter 21.47.110 since the overall plan is comprehensive, embrac- ing land, buildings, landscaping, circulation, and their interrela- tionships. (b) The project meets the develcpment standards of Chapter 21.47.130 including storage space, laundry facilities, open recreation areas, parking facilities, refuse areas and separate utilities. ments will not conflict with easements for public use or public access through the subject property. 4. The design of the prcject and all required improve- 6. The design of the subdivision and type of improve- C. That said Tentative Subdivision Map, together with the provisions for its design and improvement and subject to the conditions cf this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad: D. That Tentative Subdivision Map (CT 80-16) and Condominium Permit (CP-74) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to I’ , the satisfaction of the following conditions: 1. Approval is granted for CT80-16/CP-74, as shown on Exhibits A and B, dated March 3, 1980,’and Exhibit C, dated July 9, 1980, incorporated by reference and on file in the Plannin( Department, Development shall occur substantially as ‘shown unless otherwise noted in these conditions. 2, This project is approved upon the express condition that building permits shall not be issued for development of the subjecl property unless the City Engineer determines that sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy. 3. This project is approv2d upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with 4. This project is approved upon the express condition that 3. 7 -L 2 '3 4 *5 6 7 a 9 3.0 31 20 21 22 23 24 25 26 27 28 4 the City Cl-erk and incorporated herein by reference, and according tc the agreement executed by the applicant for payment of said fee; a copy OE that agreqnent dated February 29, 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 consistent with the General Plan and approval for this project ohali be void. 5. The applicant shall prepare a reproducible mylar of the final condomj nium 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. 6. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Department prior to final map approval. and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Department prior to final map approval. construction period, the applicant shall maintsin 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. 9. The applicant shall install street trees to city specifications 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. prio: to the approval of the final nap as per Chapter 20.44 of the city's subdivision regulations. 11. Any signs proposed for this development shall be designed in conformance with the city's Sign OrdinaRce and shall require review and approval by the Planning Deparkment pri,or to installation of such signs. 12. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds,trash, and debris. 13. Trash receptacle 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 Director. 14. All roof appurtenances; including air conditioners, shall be architecturally integrated and shielded from'view and the sound buffered from adjacent properties and streets to the satis- 'faction of the Planning Director and Building Official. 15. 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 pefmit issuance. 16. The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading permit prior to issuance of building permits. 17. Grading shall occur in accordance with -an approved grading and erosion control plan, city standards, and an approved soils and geologic investigation report which shall include slope stability calculations and construction specifications. All exposed slopes shall be hydromuiched or otherwise stabilized . 7. The applicant shall establish a homeowner's assocj-ation 8. In order to provide for fire protection during the 10. The applicant shall pay park-in-lieu fees'to the city, . ' 4. J- 4 e c .r E 1 f 1C 13 14 . 1: I€ 17 I€ 19 .21 22 23 24 26 prior to the issuance of building permits subject to the approval of the City Engineer. 18. Drainage improvements shall be constructed in accordance with an approved plan, and the work shall be coordinated with the overall plan for grading to the satisfaction oE the City Engineer. method shall ensure that no unit shall be sold in excess of 79 percent of the median selling price of all conparable new units within the San Diego County area as established by the California World Title Company's Residentis1 Housing Summary for the calendar quarter during which the unit is sold. In no event shall the selling price exceed $80,000. This restriction shall apply from the date o€ issuance of the last occupancy permit for the project for one year, The applicant shall implement this condition by written agreement with the city prior to approval of the final map. The agreement arid any deed restriction or similar device shall be subject to the approval of the Planning Director and City Attorney. 20. The open recreational areas atop the carports shall be laidscaped with planter boxes along the perimeters and stairways. Further, wood decking shall be provided for these open recreational areas. Said planting and decking shall be indicated on the detailqd landscape plan required per condition no. 6. 21. A six foot high decorative masonry wall shall be placed along the rear and side property'lines subject to the approval of the Planning Director prior to final occupancy of any unit. 19. The applicant by deed restriction os other appropriate _. PASSED, APPROVED FND ADOnTED at a regular meeting of the City Council of the City of Carlshad, California, held on the 7th day of (ktob- _, 1980, by the following vote, to wit: AYES : Cauncil Members Casler, Ms, Anear and Kulchin' NOES: . None ABSENT: Council Wer Packard ABSTAIN : RONALD C./ PACKARD, Mayor ATTEST : MPLRY H. CASLER, Vice-ayor . EXHIBIT "Bff September 3, 1980 AMElJJDfiIENT TO CONDITIONAL USES -- _I_ c-, SECTION I1 : Amend Section 21.42.010 (2) by deleting (G) which reads as fol.lows: "Mobilehome parks (not permiited is commercial or industxial zones) . "