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HomeMy WebLinkAbout1980-12-02; City Council; 6426-1; 10 unit tentative tract map and condo permitDATE -- - December i , 1980 - city Mgr. 7 -----.-I -- ---- ------.I-.__- SubZect: io UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT APPLICANT: BEHRENDSEN CASE NO: CT 80-21/CP-99 - ---- .-- -- ----. Stzteiaent of the Matter -. --- ----- The City Council, at your meeting of November 18, 1980, directed the City Attorney to prepare the neces'sary documents approving Tentative Tract Map (CT 80-21) and Condominium Permit (CP-99). A resolution in that regard is attached. A condition has been added to provide for the construction. of a fence around the pool area to the satisfaction of the Planning Department. Exhibits Resolution No. b.337 approving Tentative Tract Map (CT 80-21) and Condominium Permit (CP-99) . Recommendation If the City Council wishes to approve Tentative Tract Map (CT 80-21) and Condominium Permit (CP-99), your action is to adopt Resolution No. b,3 77 . .. Council Action: 12-2-80 Council adopted Resolution 6377, approving CT 80-21/CP-99. 1 2 3 4 F &> 6 'I a c 10 31 12 9 19 20 21 22 23 24 25 26 27 28 IU.=SOL!JTLON NO. 6 3 7 7 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAIZLSRAD, CEiLIFORNIA, APPROVING WITH COIXIITIONS TENTATIVE TRACT MAP (CT 80-21) AND CONDC?MII\IIUM PERMIT (CP-99) FOR A. 10-UIYIT CONDOMINIUM ON PROPERTY GENERALLY LOCATED ON TZIE SOUTHWEST CORNER OF GARFIELD STRZET AND JUNIPER AVENUE. APPLICANT: BEHRENDSEN WHEREAS, on October 22, 1980, the Carlsbad Planning Coinmission adopted Resolution No. 1671 recommending to the Cj.ty Council that Tentative Tract Map (CT 80-2.1) and Condominiurn Permit (CP-99) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on November 18, 1980, held a public hearing to consider the recommendations of the Planning Commission and to receive all recornmendations and hear all persons interested in or opposed to Tentative Tract Map (CT 80-21) and Condominium Permit (CP-99) ; and WKEREAS, szid Tentative Tract 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 t'ne 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. 1671 constitute the findings of the City Council in this matter. C. That said Tentative Tract Map, together with the 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 \ provisions for its design and improvement and subject to the conditions of this resolution, is consistent with all applic- able general and specific plans of the Ci-ty of Carlsbad. D. That Tentative Track Map (CT 80-21) and Condominium Permit (CP-99) are hereby approved subject to all applicable requirements of the Carl-sbad Municipal Code and to the satis- faction of the conditions contained in Planning Commission Resolution No. 1671, dated October 22, 1980, marked Exhibit A, attached hereto and nade a part hereof, except that the following additional condition shall be added to Resolution No. 1710: "22) The applicant shall provide a fence around the pool- area, six feet in height measured from the property to the North, to the satisfaction of the Planning Director. " PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the - 2nd day of December , 1980 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None J- RONALD C. PACKARD, Mayor ATTEST : (SEAL) -2- .* tr 3 4 5 7 0 9 10 33 2.4: 3.5 16 17 18 19 20 21 22 23 24 25 26 27 28 4.- $"" "5xhibit "A" to '.- , Aesolution No. 6377 \ PLANNING CcS?b!:b!? SSIGX RXS9LrJTION KC). 1.571. C7.1C.II-II.C--.---^- .-.-- --_l...---- A RESOLUTI~OX or: WE IILANNIYC ccwussIm CF cammwm PERSET TO DEVELOP :o UNITS ON THE CITY. OF CA.RLSi',Ai), C.4Li'FOF:K:EA, RECO>!h!ENDTKG APIJRO'?I'AL OF A TE?5"lTiVE SURD~VPSTOM b!AP AND PROPERTY GENERALLY LCC-4TED ON THE SOIITHIWEST CORNER OF GA'gF1EI.D STREET XdI! JUNIPER STREET. APPLICAFi?' : BEHRENDSEX, 'CASE KO: CT 80-21/CP-99 --- II_ .- WHEREAS, a verified application for certain property to,- wit: Lot, 13, Blocl: E, Palisades, in ths City of CarPsbad, - according to Map thereof No. 1'147, filed in the Office 'of the County Recorder, February 5, 1923. *. has been filed with the City of Carlsbad, and referred to the P3 anning Cor;~mj.ssion; and WHEREAS, said verified application constitutes E request as provided by Title 21 of the CarPsbad 3Iunicipal Codc; aid IVHEREM, the Planni.ng Commission did, on the 23rd-day of July, 27th day of August, and on the 22nd day of October, 1980, hold a duly noticed public hearing as prescribed hy law to consider said request; and \?MEREAS, at said public hearing, upon lieariilg and cons iderlng all testimony and arguments, if any, of. a1.l persons desiring to bc heard, said Cornmission considered all factors relating to the Tentative Tract Nap and Condoin5.nium Pcrrnil. MOW, TIIfiREFORE, RE IT IiEREIlY RESOLVED by the Planning Coniriiission as follows : A) That the above recitations arc true mc3 correct. l3) That bascd on tlic cvidc$nc:c prcscntcd at thc! public hearing, thc Coiriniission r~co~nn~cnds API~l~OVAl, of:' CT SO- 21/Ci'-99 , bascd on athc following findings anJ suvcct: to the following conclit ions : -. --- /I// 8' 5 2 3 4 5 7 8 9 10 11 1.2 13 14 15 3.6 17 18 19 20 21 22 23 . 24 25 ' 26 27 28 The project is consistent with the Gc;nrtral Plar, since the proposed density of 25 dujacrc is withlri the density range of 20-30 du/acre specified for this property in the Land USC Element of the General Plan and is justified based upon the reasons contained in the staff report. The site is physically sgitable'for the type and density of the development since the site is adequatz in size and shape to acconmodate residential development at the proposed density and still meet all the requirements- af the condorniniurii ordinance, The project is consistent with all. city public facility - policies and ordinafices since: a. b. \e. d. C. The not The Planning Commission has, by inclusion of an appropriate condition to this condominium permit insured .that building permits will not be issued unless thc City Council finds that sewer service is ava.ilcrb'le tc scrvc the pro j ect , and building cannot occur within the project unless seiqer service remzins avzilzble thus, the Plannins Conmiss%m is satisfied that the requirenmt of the public facilities element of the General Plan hzve been met ins0fa.r as they apply to sewer service $or this and condominium permit approval. School facilities ifill be provickcl to this project by the Carlsbad Unified Scnool District. Park-in-lieu fees are required as a condition of approvzl,. 3 All necessary public improvcinents have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to p3y a public facilities fee. Performance of that contract and payment of the fee will enzble this body to find that public faci.3itiies will be availaSle concurrent with need as requircd by the General Plzn. design of the project and a11 required improvements will cause any siEnificant environmcntal impacts since, bascd on an initial study and field investigation of Chc site, the Planning Dircctor has issued a negative declaration on July 31, 1980, Log No. 723. The proposed condoniinium proj cct comp1.y~ with thc provisions of Chapter 21.47 (Condon~iniuiiis) since: -2- II * a. 1 2 3 4 5 -6 7 8 3 10 1.1. 12 13 14 25 16 3.7 18 19 20 21 22 23 24 25 26 27 213 ._ a. b. \ The condominiums meet the &?sip criteria of Chapter 21.47.110 3s the cvcrall p1xn is comprchcnsive, cmhraci.ng land, bui lcling landscaping and their relationships, zirrd sufficient circulation a;iC ori- sit2 amenities are provided Storage space, laundry facilities; open recreation areas, parking facilities, refusc areas, separstte utilities and requircments of Section 21.87.130 have been met or will by cond.itions of a.pproval 6) The design of the subdivision and Type of improvenents will - not conflict with easements for public use or public access through the subject property. Conditions . Approval is granted for CT 80-21/CP-99, as showi on Exhibit "A" dated October 2, 1980 and Exhibits l'Bft,l'Ct',llD'l and "E" dated October 17, 1980, incorporated by reference 2nd on file in the Planning Ilepartment . Develo?,ment shall occur substantially as shown unless otherwise noted in these conditions. This project is approved. upon the express condktion that building permits shall not be issued for development of the subject property unless the City Engineer detemiT:es that Sewer capacity is available at the tine of application for such permits and will continue 20 be available until tirne of occupancy. This project is approved upon the express condit2on that the fixal 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. This project is approved upon the express condition that thc applicant shall pay a public facilities fee as required by City Council Policy 140. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by refercnce, and accoi-ciing to tiic agreemiit executed by t.he applicant for payme~:t 0: said fee, dated April. 16, 19S0, on file with thc City Clerk and is inc.oryoratcc1 herein by reference. If said fee is not paid as promised, this appli.cati.on will not be consistent with the General Plan and approval for this project s11?11 be void. The applicant shall prcparc a rcproduciblc mylar of thc €in a 1 condom i n i uin s it e p 1 an I n c o r po rz t. in g t h e cond i t i on:; containcd hercin. Said site plan slia11. bc submitted to and npprovccl by The Plann iiig 1)cp;lrtincxit prior to tlic issuancc of building perniits. The applicant sha3 I prcparc 3 dctnilccl lnnclscapc and irrigntion plan r~hicli sha7 1 bc submittcd to and approvcd by thc Planning 1)~p;~rtiii~~it prior to final iii:lp approval. < c I, 1 2 3 4 5 .' 6 7 8 9 10 22 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Q --- \ The applicant shall cstab! ish 2. honicomer Is association and corresponding ccvcnaxits co.x:di t-ions and restrictions. Said CCGR's shall be subnjtted to and approved by the Plarinirig Director prior to f j nal iflap approval. The applicant shall install street trces to city spec- ifications at 40 foot ii:tervzls along 311 pub1 ic street frontages prior to final occupar:.cy of any building. The variety cf szid trees shall'be subject to the approval of the Parks and Recreation Director. The applicant shall pay park-in-licxi fees to the city, prior t3 the apymval of the final map 2-s required by Chapter 20.44 G$ the Carlsbad Municipal. Code. All landscaped areas shall be maintained in a healthy .and thriving- condition, free frozn weezs, trash, and debris * Trash receptnc1.e areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Locati.on of said receptacles shall be approved hy the Planning Director. All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and sound-buffered from adjacent properties and streets to the satisfaction of the Planning Director and Building Director. Approval of this request shall not. 'excuse compliznce with all sections of the zoning ord.inance and all other . applicable city ordinances in effect at time of building permit issuaiice. .. .. - . . The applicant shall install a wheelchair ramp, at the caner of Garfield Street and Juniper Avenue , to city standards prior to occupancy of any units. The developer shall obtain a grading permit prior to the coinnicncenicnt of any clearing or grading of the site. The grading for this prc)ject is defined as "regular grading" by Section 11.06.170(a) of thc City Code. The dcveloper shall subniit a grading plan for approvnl which shall include all requircd drainngc structures and any requircd crosian control mcasurcs. The devclopcr shall also suhrnit soils, gcologic or compaction rcports if' rcquircd and shall coniply with all provisions of Chaptcr 11.06 of thc City Coclc. A11 firc alarm systcnis, fire hydrants, extinguishing systcms, automatic sprinklcrs , and other systcms pertincnt to the location, sh:i1 1 bc siibinittcd to thc Y:irc 1)cpnrtment €or app roval prior to cons t ruc t j on. -, ,- I. _I * I i- 1 2 3 4 5 -6 7 e 9 10 11 12 2.3 14 15 16 17 28 $9 . 20 21 22 7 24 25 26 27 2a C' - * 18) All private driveways shall be kept clcar of parked vehjcles at 33.1 times , and shall hase posted "No Farking/Fj.re hnc/ Tow Away- Lone" accordifig to Scction 37.03.C60 of the Elunicipzl Code. I' 19) Water fer Sire protection to 5e in IicZure combustiblzs arc on building site as reqcired by Fire Flai-shall. 20) In order to provide for fire protection during the con- struction period, the applicant shall maintain pzssab1.c vehicular access to all buildings . I11 additiori adequate fjre hydrants with required fire Fl&s shall be iristalled on and off site as required by the Fire Chief. 21) The area under the decks extendin'g over the drivexsy zrca - shall have an autoinatic fire sprinkler system or shall be otherwise protected to the satisfaction of the Fire Depzrtmerit. PASSED, APPROVED ANI) AIIOPTED at a regular meting of the Planning Commission of the City of Carlsbad, California, held on the'22nd dzy of October, 19SO; by the following vote: to wit: AYES: Coinrnissioner Schick, Friestcdt, Jose, Larson, Lceds, NOES: Nanc. Roinhotis . - 1.. ABSENT: Ccnunissiniler Marcus. E~ESTRIN: Kone. ATTEST: . -5-