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HomeMy WebLinkAbout1980-12-16; City Council; 6439-1; 6 unit tentative track map & Condominium permit<"*••"> CITY OF CARLSBAD Initial: AGENDA BILL KO. fid^Q - Supplement #1 __ Dept. Head DATE: __ December 16, 1980 __ _ ___ Citv AttY-. DEPARTMENT: City Attorney Subject:J 6 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT APPLICANT: EVENT PROPERTIES CASE NO: CT 80-29/CP-lll Statement of the Matter The City Council, at your meeting of December 2, 1980, directed the City Attorney to prepare the necessary documents approving Tentative Tract Map (CT 80-29) and Condominium Permit (CP-111). A resolution in that regard is attached. Exhibits Resolution No. d 3&"<* approving Tentative Tract Map (CT 80-29) and Condominium Permit (CP-111). Recommendation If the City Council wishes to approve Tentative Tract Map (CT 80-29) and Condominium Permit (CP-111), your action is to adopt Resolution No. (f >J f"J" .j Council.Action: 12-16-80 Council adopted Resolution 6385 approving CT 80-29/CP-lll. 0 Co. IU Z CMy £ " * < 5 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Q 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.6335 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT MAP (CT 80-29) AND CONDOMINIUM PERMIT (CP-111) FOR A 6-UNIT CONDOMINIUM ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CACATUA STREET NORTH OF UNICORNIO STREET. APPLICANT: EVENT PROPERTIES WHEREAS, on November 12, 1980, the Carlsbad Planning Commission adopted Resolution No. 1720 recommending to the City Council that Tentative Tract Map (CT 80-29) and Condominium Permit (CP-111) be approved; and WHEREAS, the City Council of the City of Carlsbad, on December 2, 1980, held a. public hearing to consider the recommendations of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Tentative Tract Map (CT 80-29) and Condominium Permit (CP-111); and WHEREAS, said 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 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. 1720 constitute .the findings of the City Council in this matter. C. That said Tentative Tract Map, together with the CC < o) O a. ^ J Q O 2 v- 1 £ | £ 03 U 3 Ii- • riS H O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16uj ^. CN .<r U EC - 03 1° 3 17> I- t£ J- ' 18 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 City of Carlsbad. D. That Tentative Tract Map (CT 80-29) and Condominium Permit (CP-111) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satis- faction of the conditions contained in Planning Commission Resolution No. 1720, dated November 12, 1980, Marked Exhibit A, attached hereto and made a part hereof. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the |6th day of December r 1980 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: p^one RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) —2— 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 -19 20 21 22 23 24 25 26 27 20 Exhibit "A" toNo. 6385 PLANNING COMMISSION RESOLUTION KO . 1720 A RESOLUTION OF THE PLiYtliU^G COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 6 UNITS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CACATUA STREET NORTH OF UNICORNIO STREET. APPLICANT: EVENT PROPERTIES CASE NO: . CT 00-29/CP-lll _•„__ WHEREAS, a verified application, for certain property to, wit: ' ' • Lot 513 of La Costa Meadows- Unit No. 3, in the City of Carlsbad, County of San Diego, according to Map thereof No. 7076, filed in the Office of- the County Recorder, October 6, 1971. has been filed with the City of Carlsbad, and referred to the Planning Commission; and ' WHEREAS, said verified application constitutes a request as provided by Title 21 of tae Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 12th day of November, 1900, hold, a duly noticed public hearing as "* prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and'considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Condominium Permit. NOW, THEREFORE, 3E IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true, and correct. B) That based on the evidence presented at the public hearing, the Commission recommondG ^PROVAL of CT 80--29/CP-111, based on the following findings and subject to the following conditions: •' • rind ings: .' . • 1) The project is consistent with the. General Plan si.-ncc the proposed density of 12 du/'ac is within the density range of 10-2.0 du/uc estab!ir.Viud Tor this property in the Land Use Ele.mont o.C the General Plan. 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 .19 £0 21 22 24 25 26 27 20 o Exhibit "A" to No, 6385. PLANNING COMMISSION RESOLUTION NO. 1720 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 6 UNITS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CACATUA STREET NORTH OF UNICORNIO STREET. APPLICANT: EVENT PROPERTIES ' ' ' CASE NO: . CT 80-29/CP-lll _•___ WHEREAS, a verified application, for certain property to, wit: ' ' • Lot 513 of La Costa Meadows- Unit No. 3, in the City of Carlsbad, County of San Diego, according to Map thereof No. 7076, filed in the Office of, the County Recorder, October 6, 1971. has been filed with the City of Carlsbad, and referred to the Planning Commission; and ' WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 12th day of * • ' i" November, 1980, hold a duly noticed public hearing as % prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and 'considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Condominixim Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A)That the above recitations are true, and correct. B) That based on the evidence presented at the public hearing, the Commission recommends AJPPl'lOVAL" of 'CT 80-29/CP-lll, based on the following findings and subject to the following conditions: •' - Find ings; .' . • 1) The project is consistent with the. General Plan si-nce the proponed density of 12 thi/ac in within the density range of 10-20 du/uc established Tor th.i:; property in the Land Use El omen I: of tho. General Plan. 2 3 5 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 • 23 24 25 26 27 28 o 2) The'site is physically suitable far. the type and density of the development since, the site is adequate in size and shape to accommodate residential development at the proposed density and still meet all the requirements of the condominium ordinance. 3) The project is consistent with all city public facility policies and ordinances since? a) The Leucadia County Water District has allocated sufficient sewer connections for the project. ' b) The Planning Commission has, by inclusion of an appropriate condition to this condominium permit insured that building permits will not be issued unless the City Council finds that sewer service is available to " serve the project, and building cannot occur within the project unless; sewer service remains available thus, the Planning Commission is satisfied that the require- ments of the public facilities element of the General • Plan have been met insofar at.they apply to sewer service for this and condominium permit approval.••' \ • c) School Fees to mitigate conditions of overcrowding are required at the time o.f building permits pursuant to Chapter 21.55 of the City Municipal Code. 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 design of the project arid all required improvements will not cause any ^significant environmental impacts since, based on an initial study and field investigation of the site, the Planning Director has issued a negative declaration on August 8, 1980, Log No. 739. .' 5) The proposed condominium project complys with the provis5.onD of Chapter 21.47 (Condominiums) since: a) The condominiums meet the design criteria of Chapter 21.47.110 as the overall plan is comprehensive, embracing land, building, landscaping and their relationships, and sufficient circulation nnd on-site amenities are provided EGOL if 17 20 4 5 6 6) 1. 9 10 11 12 13 15 16 1711' 18 19 20 21 22 23 24 25 26 27 20 b)•Storage'space-,-laundry faci areas, parking facilities, utilities and al., - --- 21.47.130 have been met or tions of approval. O recreation separate irements of Section be. met by condi- tions OJ. O.iJJVJ.VX vv.._. The design of the subdivision and type of improvements will not conflict with easements for public use or public access through the subject.'property. ' 6. tions Approval is granted for CT 80-29/CP-lll, as shown on Exhibits A-D, dated November 3, 1980 and Exhibit F, dated July 8, 1980, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. This project is approved 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. This project is approved upon the express condition that building permits will 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 permits and will continue to be avilable until time of occupancy. This note.shall'be placed on the final map. • . - 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 pciyment of said fee a copy of that agreement dated May 16, 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. The applicant shall prepare a reproducible mylar of the final condominium site plan incorporating the conditions contained herein. Said site plcin shall be submitted to and approved by the Planning Department prior to the issuance of building permits. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted' to and approved by tho Planning Department prior to final map approval. Said plan shall include tree plantixig to screen the adjacent northerly property from tho project.» 0 o 3' 4 : 5 6 7 8 9 10 11 12 14 15 16 17 18 19 ' 20 21 22 .23 24 25 26 27 28 8. 9. 10. 11 -." 12. 13. 3,4. 15. 16. The applicant shall establish a 'homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Department prior tc final map .approval. In order to provide for fire protection during the construction period, the applicant shall maintain 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. . The applicant shall install street trees to city spec- ifications 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. The applicant shall pay park-in~lieu fees to the city, prior, to the approval of the final map as per Chapter 20.44 of the city's subdivision regulations. 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, . Any signs proposed for this development shall be designed •in conformance with the City's Sign Ordinance and shall require review and approval by the Planning Department prior to installation of such signs. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 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 Department. 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 satisfaction of the Planning Department and Building Department. Approval of this request shall not excuse compliance with all sections of the Zoning Ordi.nance and all other applicable city ordinances in effect at time of building permit issuance. PC UESO #1720 ; 1 2 3 4 5 6 7 8 9 . . 10 11 12 ,13 4 14 . 15. 16 17 18 19 20. .21 22 23 . 24 25 26 27 20 w • y> .. \ 17. If any grading is proposed, the developer shall receive . the approval of the City Engineer for a site grading plcttt and obtain a grading pcrra.it prior to issuance of building permits. The grading shall occur in accordance with an approved grading and erosion control plan and city standards. 18. The developer shall comply with all the rules , regulations and design requirements of the respective sewer and water agencies regarding services to the project. IS. The applicant shall install a 6' high decorative stucco wall 'along the northern property line prior to final occupancy of any units. Detailed plans of said .wall' shall be sxibmitted to and approved by the Planning Director prior v to the issuance of a bxailding permit. , PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Calif ornia, held on the 12th day of November, 1980, by the following vote, to wit: • * " AYES: .:.'.. • • . • .'••".. . . •'.''. NOES : £ ' HH| E>^^flV ' ' ' ABSENT: - KJ i&iiiSI jp • f^j^MgiF&JI? ABSTAIN: ^^%jPlr* ••• ' MARY MARCUS, Chairman CARLSBAD PLANNING COMMISSION . " ATTEST: •'•••.' ' . • JAMES C. I1AGAMAN, Secretary . . CARLSBAD PLANNING COMMISSION ' . . \ " -. • . • PC RESO f, 11 20 -5- .