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.
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:. BIONDO, JR.- CITY OF CARLSBXVINCENT fTTORNEY<
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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
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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
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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 - ' •
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policies and ordinances since:
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a) The Leucadia County Water District has allocated
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13 General Plan have been met insofar as they apply to
sewer service for this and condominium permit approval.
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c) School fees to mitigate conditions of overcrowding
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to Chapter 21.55 of the City Municipal Code.
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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:
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a) The condominiums meet the design criteria of Chapter
28 21.47.110 as the overall plan is comprehensive, embracing
PC RESO #1738 '
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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
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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.
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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.
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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,
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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.
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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.
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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
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