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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. ' o eo CENT F. BIONDO, JR.IRNEY - CITY OF CARLSI1200 ELM AVENUEBAD, CALIFORNIA 920082 U CO > P tc fc *o 1 2 3 4 5 6 7 8 9 10 11 12 13 14- 15 16 17 18 19 i 1 20 21 22 j 23 24 25 26 27 28 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 s 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 o CO z p o 1 2 3 4 5 6 7 8 9 10 11 12 CO -I -T8 J-3 (N | 14 § 15 o 16 CO i 17 18 19 20 21 22 23 24 25 26 27 28 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 c NOES: None ABSENT: None ABSTAIN: Council Member Packard RONALD C. PACKARD, Mayor ATTEST : (1 . TT ^C^ ALETHA L. RAUTENKRANZ, City Clejfk (SEAL) 1 2 3 4 5 ' CASE NO: CT-80-28/CP-110 6 WHEREAS, a verified application for certain property to/ wit: 8 California 9 has been filed with the City of Carlsbad, and referred to the 11 10 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: 26 27 28 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. 4 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 9 10 11 12 13 14 15 16 17 19 20 21 ' 23 24 25 26 27 20 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. 18 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- 3 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 10 11 12 14 16 17 18 20 22 2 w 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. 24 25 2G 27. 28 ' PC RKSP IMG88 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,. -3- 5 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 6 12. All landscaped areas shall be maintained in a healthy and thriving condition, free frora weeds, trash", and debris. 8 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. 24 19. Prior to occupancy of any units, landscaping shall be installed in accordance with the landscape plan approved by the Planning Director. 26 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. 27 28 PC UK SO 1HG88 -4- o Q 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. • 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