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-