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HomeMy WebLinkAbout1981-01-20; City Council; 6469-1; 8 unit tentative track map & Condominium permitCITY OF CARLSBAD Fc! AGENDA BILL NO. 6469-Supplement 1 ^ Initial: Dept.Hd.nn-,January 20, 1981 c. Atty DEPARTMENT _ City Attorney _ c • M9r • Subject: 8_UNIT TENTATIVE TRACT MAP AND CONDOMINUM PERMIT CASE NO: CT 80-30/CP-112 APPLICANT: EVENT PROPERTIES Statement of the Matter The City Council, at your meeting of January 6, 1981, directed the City Attorney to prepare the necessary documents approving Tentative Subdivision Map (CT 80-30) and Condominium Permit (CP-112). A resolution in that regard is attached. Exhibit Resolution No Recommendation If the City Council concurs, your action is to adopt Resolution No. &t/i ? approving Tentative Subdivision Map (CT 80-30) and Condominium Permit (CP-112). Council Action: 1-20-81 Council adopted Resolution 6418. • • Q :. BIONDO, JR.- CITY OF CARLSBXVINCENT fTTORNEY< O »• 31*-"* ""_M AVENUEALIFORNIA 920081200 ElRLSBAD, C5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6418 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-30) FOR AN 8-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-112) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF NAVARRA STREET, WEST OF VIEJO CASTILLA WAY. APPLICANT; EVENT PROPERTIES. WHEREAS, on December 17, 1980 the Carlsbad Planning Commission adopted Resolution No. 1738 recommending to the City Council that Tentative Subdivision Map(CT 80-30) and Condominium Permit .(CP-112) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on January 6, 1981, held a public hearing to consider the recommenda- ations of the Planning Commission and to receive all recommenda- tions and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-30) and Condominium Permit (CP-112); 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. 1738 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 oi »LJ o 0-5 ° -> O ^o""- S IQ O 7 £ zp o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15< 5" 16 CO >C 1-17 18 19 20 21 22 23 24 25 26 27 28 the conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 80-30) and Condominium Permit (CP-112) 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. 1738, dated December 17, 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 20th day of January , 1981 by the following vote, to wit: AYES: Council Members easier, Anear, Lewis and Kulchin NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST: . K Ax ALETHA L. RAUTENKRANZ, City ClerJ (SEAL) 2. c EXHIBIT^ TO CITY COUNCIL RESOLUTION NO. 6418 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1738 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 8 UNITS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF NAVARRA STREET, WEST OF VIEJO CASTILLA. WAY. APPLICANT: EVENT PROPERTIES CASE NO; CT 80-30/CP-I12 WHEREAS, a verified application for certain property to, wit: Lot 57"of La Costa South Unit No. 1, in the city of Carlsbad, according to map thereof No. 6117, filed in the Office of the County Recorder, June 3, 1968. 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 17th day of December, 1980, hold a duly noticed public hearing as prescribed by law to consider said re.quest; and ** WHEREAS, at said public hearing, upon hearing a-nd 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, 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 APPROVAL of CT 80-30/CP-112, based on the following findings and subject to the following conditions: Findings: 1) The project is consistent with the General Plan since the APN: 216-170-36 - ' • 1 2 3 4 5 6 policies and ordinances since: 7 a) The Leucadia County Water District has allocated 8 9 10 11 12 13 General Plan have been met insofar as they apply to sewer service for this and condominium permit approval. 14 c) School fees to mitigate conditions of overcrowding 15 17 18 19 20 21 22 23 24 25 26 to Chapter 21.55 of the City Municipal Code. 16 d) Park-in-lieu fees are required as a condition of proposed density of 18.3 du/acre is slightly less than the density of 20-30 du/acre established for this property in the Land Use Element of the General Plan. 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 proposed density and still meet all the requirements of the Condominium Ordinance. 3) The project is consistent with all city public facility 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 . requirements of the public facilities element of the are required at the time of building permits pursuant 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 and 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 October 29, 1980, Log No. 738. 5) The proposed condominium project complies with the provisions of Chapter 21.47 (Condominiums) since: 27 a) The condominiums meet the design criteria of Chapter 28 21.47.110 as the overall plan is comprehensive, embracing PC RESO #1738 ' -2- land, building, landscaping and their relationships, and sufficient circulation and on-site amenities are provided. b) Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate utilities and all other requirements of Section 21.47.130 have been met or will be met by conditions of approval. 6) The design of the subdivision and type of improvements will not conflict with easements for'public use or public access through the subject property. Conditions of Approval 8 10 11 12 13 14 16 17 18 19 20 21 22 •z2 24 25 26 27 28 <c General Conditions 1) Approval is granted for CT 80-30/CP-112, as shown on Exhibits A, B, C & E, dated November 6, 1980, and Exhibits D, F & X, dated December 1, 198 Of incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) 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. 15 3) 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 sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map, 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 16, 1980, is on file with the City Clerk and 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 pay park-in-lieu fees to the city, prior to the approval of the final map as required by Chapter 20.44'Of the Carlsbad Municipal Code. 6) " 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. PC RESO #1738 . _3_ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 \^""-v 7) 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, Planning Department . 8) The applicant shall prepare a reproducible mylar of the final condominium site plan incorporating the conditions contained herei.n. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits. 9) 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 to final map approval. 10) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to final map approval. 11) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 12) Any signs proposed for this development shall be designed in conformance with the city's Sign Ordinance and shall require review and approval of the Planning Department prior to installation of such signs. 13) Trash receptable 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 Director. 14) 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 Director. 15) The 6' radius intrusion of the trash enclosure into the front yard setback shall be eliminated to conform with the front yard setback requirement of the RD-M zone. 16) The parking area shall be redesigned to include the exterior guest parking space within the building. This revision shall be made on the reproducible mylar required per Condition No. 8. 25 17) The two visitor parking spaces as shown on Exhibit "A" shall 26 be located outside the security gate (ie., not within the parking garage) and shall not be located within any setback 27 areas, 28 PC RESO ft1738 8 10 11 12 13 14 15 16 17 18 19 Engineering 18) If any grading is proposed, the developer shall receive the approval of the City Engineer for a site grading plan and 4 obtain a grading permit prior to issuance of building permits. The grading"shall occur in accordance with an approved grading and erosion control plan and city standards. 19) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 20) The applicant shall install street trees to city specifications 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. Fire Department' .21) In order to provide for fire protection during the con- struction 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. 22) Sprinkler heads supplied by domestic water system shall be installed over the trash receptable area to the satis- faction of. the Fire Department. - 23) Proposed security gate systems shall be subject to approval of both Police and Fire Departments prior to approval of the final map. 24) All fire alarm systems, fire hydrants, extinquishing systems, automatic sprinklers and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 20 25) Due to access difficulties, building B shall be protected 21 by an automatic fire sprinkler system. Said system shall be submitted to and approved by the Fire Department prior 22 to issuance of building permits. 23 24 25 26 27 28 PC RESO #1738 -5- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 X" PASSED/ APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of December, 1980, by the following vote, to wit: AYES: NOES: ABSENT: None. Chairman Marcus, Commissioners Jose, L'Heureux, Rombotis, Friestedt, Larson and Leeds. None. ABSTAIN: None, J{ f^(Ls^<C*~>^a>s^ MARY ~MAR£US, Chairman CARLSBAT/ PLANNING COMMISSION ATTEST: S CT:" HAGAMAJf7 Secretary SBAD PLANNINGCOMMISSION PC RESO #1738 -6-