HomeMy WebLinkAbout1980-10-28; City Council; 6378-1; 17 Unit Tentative Map & Condominium PermitAGENDA BILL NO. 6378-Supplement 1 ,_ Initial:
Dept.Hd.
DATE: October 28, 1980 c< Atty.1/
DEPARTMENT City Attorney c • M9r •
17-Unit Tentative Tract Map and Condominium Permit
Applicant: Pullman Case No. CT 80-28/CP-110
Statement of the Matter
The City Council, at your meeting of October 7, 1980,
directed the City Attorney to prepare the. necessary
documents approving Tentative Subdivision Map (CT 80-28)
and Condominium Permit (CP-110). A resolution in that
regard is attached.
Exhibit
Resolution No. Co 33 \
Recommendation
If the City Council concurs, your action is to adopt
Resolution No. (p^31 approving Tentative Subdivision
Map CT 80-28 and Condominium Permit CP-110.
Council Action:
10-28-80 Council adopted Resolution 6331, approving CT 80-28 and CP-110.
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CENT F. BIONDO, JR.IRNEY - CITY OF CARLSI1200 ELM AVENUEBAD, CALIFORNIA 920082 U CO
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RESOLUTION NO. 6331
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE SUBDIVISION
MAP (CT 80-28) FOR A 17-UNIT CONDOMINIUM
PROJECT AND APPROVING CONDOMINIUM PERMIT
(CP-110) FOR SAID PROJECT ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF
GIBRALTAR STREET, IN LA COSTA.
APPLICANT; PULLMAN ENTERPRISES.
WHEREAS, on September 10, 1980 the Carlsbad Planning Commis-
sion adopted Resolution No. 1688 recommending to the City Council
that Tentative Subdivision Map (CT 80-28) and Condominium Permit
(CP-110) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
October 7, 1980, hel4d a public hearing to consider the recommenda-
tions and hear all persons interested in or opposed to Tentative
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Subdivision Map (CT 80-28) and Condominium Permit (CP-110); 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 1980;
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. 1688 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
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applicable general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 80-28) and Condominium
Permit (CP-110) are 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.1688, dated September 10, 1980, marked Exhibit A, attached
hereto and made a part hereof.
adjourned
PASSED, APPROVED AND ADOPTED at a/regular meeting of the
City Council of the City of Carlsbad, California, on the 28th
day of October , 1980 by the following vote, to wit:
AYES: Council Members Casler, Anear, Lewis and Kulchin
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NOES: None
ABSENT: None
ABSTAIN: Council Member Packard
RONALD C. PACKARD, Mayor
ATTEST :
(1 . TT ^C^
ALETHA L. RAUTENKRANZ, City Clejfk
(SEAL)
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' CASE NO: CT-80-28/CP-110
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WHEREAS, a verified application for certain property to/ wit:
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has been filed with the City of Carlsbad, and referred to the
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Planning Commission; and •
' rjIBIT A TO CITY COUNCIL
SOLUTION NO. 6331
PLANNING COMMISSION RESOLUTION NO. 1688
A. RESOLUTION OF - THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL FOR A 17 UNIT CONDOMINIUM PERMIT
AND TENATIVE TRACT MAP ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF GIBRALTAR STREET,
LA COSTA.
APPLICANT: PULLMAN ENTERPRISES -
Lots 383 and 384, La Costa South Unit No. 5, Map No. 6600
in the City of Carlsbad, County of San Diego, State of
WHEREAS, said verified application .constitutes a reouest12
as provided by Title 21 of the Carlsbad Municipal Code; andJLo
WHEREAS, the Planning Commission did, on the 10th day of
September, 1980, hold a duly noticed public hearing'as prescribedJLo
by law to consider said request; and16
, WHEREAS, at said public hearing, upon hearing, and considering
all testimony and arguments, if any, of all persons desiring18 |
.to be heard, said Commission considered all factors relating to19
the Tentative Tract Map and Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are-true and correct.2v>
B) That based on the evidence presented at the public hearing,
24 the Commission recommends APPROVAL of CT-80-28/CP-110,
based on the following findings and subject to the
%5 following conditions:
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1) The project is consistent with the City's General Plan since
the proposed density of 17 clu's/acre does not exceed the
3 density range of 20-30 du's/acre specified for the site
as indicated in the Land Use Element of the General Plan.
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2) The site is physically suitable for the type and density of
the development since the site is adequate in size and shape
to accommodate residential development at the density
proposed and still meet all the requirements of the
condominium ordinance.7
3) The project is consistent with all City public facility8
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Findings:
policies and ordinances since:
The applicant has received 17 edu's from the Leucadia
County Water District. . - - .
The Planning Commission has, by inclusion of an appro-
priate condition to this condominium permit and tenta-
tive subdivision 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
shall 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,
and building cannot occur within the project unless sewer'
service remains available, the Planning Cora-;.ssion is
satisfied that the requirements of the public facilities
element .of the general plan have been met insofar as they
apply to sewer service for this tentative map and condo-
minium permit approval.
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c. School facilities will be provided by the San Dieguito
Union High School and Encinitas Union School Districts.
d. Park-in-lieu fees are required as a condition of approval.
e. All necessary public improvements have been provided or
will be required as conditions of approval.
f. The applicant has agreed and is required by 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.
4) The project is covnpeitible with existing and proposed
surrounding 3 £vnd uses.
PC ni-.r,o 'iii68a -2-
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2. This project is approved xipon the express condition that
building permits shall not be issued "for development of
" the subject property unless the City Engineer determines
that sewer facilities are available at the time of application
.for such setoer permits and will continue to be' available .
until time of occupancy.8 • - •
J. This project is approved upon the express condition that
9 the final map shall not be approved unless the City Council
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Conditions:
Approval is granted for CT--80--28/CP-110, as shown on Exhibits
A,B,C,D,E, & F, dated July 9, 1980, incorporated by reference
and on file in the Planning Department. Development shall
occur substantially as shown unless otherwise noted in these
conditions.
finds as of the time of such approval that sewer service
is available to serve the subdivision.
4. 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 herein by reference
and according to the agreement executed by the applicant for
payment of said fee a copy of that agreement dated May 30,
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 shall be void.
5. 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.
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.
7. The applicant shall establish a homeowner *s cissociation
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.
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8. The applicant shall in$t£)ll street trees to city specif.i.cations
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.
9. The applicant shall pay pnrk-in-liuu fees to the city, prior
to the approval, of the final map as per Chapter 20.44 ol the
city'::, subdivision rcuju].ntionr,.
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10. The applicant shall 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 building permit
application.
11. Any signs proposed for this development shall be
designed in conformance v/ith the City's Sign Ordinance
and shall require review and approval by the Planning
Department prior to installation of such signs
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12. All landscaped areas shall be maintained in a healthy
and thriving condition, free frora weeds, trash", and
debris.
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13. All roof appurtenances, including air conditioners,
shall be architecturally integrated and shielded from
view and sound-buffered from adjacent properties
an(j streets to the satisfaction of the Planning Department
and Building Department.
14. 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.
15. 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.
is. 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 hydromulched or otherwise stabilized prior to the
issuance of building permits subject to the approval of
the City Engineer.
17. 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
of the City Engineer.
18. Parking spacer, shall be assigned to individual units as
shown on Exhibit B, dated July 9, 1980.
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19. Prior to occupancy of any units, landscaping shall be
installed in accordance with the landscape plan approved
by the Planning Director.
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20. All fire extinguishing systems, automatic sprinklers, and
other r.yr.tcniu pertinent to the 3ocation, shall be submitted
to the fire dopnr truant for approval, prior to construction.
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PC UK SO 1HG88
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21. 'Adequate fire hydrants with required fire flows shall be
provided on and off site as required by the Fire Department.
Wl^en any portion of a building is in excess of 150' from
water supply on a public street, adequate on-site fire hydrant
and main capable of .supplying the required fire flow may be
required by the Fire Chief.
22. Fire retardent roofs shall be required on all structures'
to the approval of the building and fire departments.
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The proposed security gate systems shall be subject to
approval of both the police and fire departments prior"
to approval of'the final map. _ ~
In order to provide for fire.protection during the construction
period, the applicant shall maintain passable vehicular
access to all buildings.
25. The stairway located on the south- side of Building "A" shall
not encroach into the adjacent 10l drainage easement. This
modification shall' be shown on the final site plan and
subject to the Planning Director's approval prior to final
map approval.c
PASSED, APPROVED AND ADOPTED at a regular meeting of. the
Planning Commission of the City of Carlsbad, California,
held on the 10th day of September, 1980, by the follov;ing vote,
to wit: .j' .
AYES: ' • • '
NOES:
ABSENT: . • ' . ' * •
ABSTAIN: . . '
EDWIN S. SCHICK, JR., Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
PC RF.SO 816.88