HomeMy WebLinkAbout1981-01-20; City Council; 6470-1; 9 unit tentative track map & Condominium permitCITY OF CARLSBAD
AGENDA BILL NO. 6470-Supplement 1 u Initial:
Dept.Hd.
DATE: January 20, 1981 f;> Atty.
DEPARTMENT City Attorney C. Mgr.
Subject: 9-UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT
CASE NO: CT 80-31/CP-113, 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 80-31)
and Condominium Permit (CP-113). A resolution in that
regard is attached.
Exhibit
Resolution No.
Recommendation
If the City Council concurs, your action is to adopt
Resolution No. 6 *// 7 approving Tentative Subdivision
Map CT 80-31 and Condominium Permit CP-113.
Council Action:
1-20-81 Council adopted Resolution 6417,
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RESOLUTION NO. 6417
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE SUBDIVISION
MAP (CT 80-31) FOR A 9-UNIT CONDOMINIUM
PROJECT AND APPROVING CONDOMINIUM PERMIT
(CP-113) FOR SAID PROJECT ON PROPERTY
GENERALLY LOCATED ON THE NORTHWEST
CORNER OF UNICORNIO STREET AND CACATUA
STREET. APPLICANT: EVENT PROPERTIES.
WHEREAS, on December 10, 1980 the Carlsbad Planning Commission
adopted Resolution No. 1721 recommending to the City Council that
Tentative Subdivision Map (CT 80-31) and Condominium Permit
(CP-113) be conditionally approved; and
WHEREAS, on January 6f 1981 the City Council of the City
of Carlsbad held a public hearing to consider the recommendations
of the Planning Commission and to receive all recommendations
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and hear all persons interested in or opposed to Tentative
Subdivision Map (CT 80-31) and Condominium Permit (CP-113); 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. 1721 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 80-31) and
Condominium Permit (CP-113) 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. 1721, dated December 10, 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 r 1981 by the following vote,, to wit:
AYES: Council Members Casler, Ahear, Lewis and Kulchin
NOES: None
ABSENT: None
ABSTAIN: Council Member Packard
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk]
(SEAL)
2.
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EXHIBIT A TlOeiTY COUNCIL
RESOLU'TTON NO. 6417
PLANNING COMMISSION RESOLUTION NO. 1721
A RESOLUTION OF THE PLANKING COMMISSION OF
THE CITY OF CARLSBAD,.CALIFORNIA:, RECOMKENDIHG
• -APPROVAL OF A TENTATIVE SUBDIVISION MAP AND
CONDOMINIUM PERMIT TO DEVELOP 9 UNITS ON PRO-
PERTY GENERALLY LOCATED ON THE NORTHWEST COR-
NER OF UNICORNIO STREET AND CACATUA STREET.
APPLICANT: EVENT PROPERTIES
' CASE NO; CT 80-31/CP-113
WHEREAS, a verified application for certain property to,
wit:
Lot 485 of La Costa Meadows Unit No. 3, in the 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 Carlsbad1' Municipal Code;and
WHEREAS, the Planning Commission did, on the 12th day of
November, 1980, hold a duly noticed public hearing and a conti-
nued public hearing of the 10th of December, 1980 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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Com-
mission 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 80-31/CP-113,
based on the following findings arid subject to the
following conditions:
APN 215-350-61
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Findings;
BESTCOPY
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1) The project is consistent with the General Plan since the
proposed density of 19 du/ac is within the density range, of
10-20 du/ac established for this property in the Land Use
Element of the General Plan and the density is justified
based upon on-site amenities including recreational facili-
ties and underground parking,
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 den-
sity 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 as they apply to se"er
service for this- and condominium permit approval.
C) School Fees to mitigate conditions of overcrowding
are required at the time of 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.
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f) The applicant has agreed and is required by the inclu-
sion 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-Augus
8, 1980, Log No. 740. . •
5) The proposed condominium project complys with the provisions
>ter 21.47 (Condominiums) since:
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.a) The condominiums meet the design criteria of Chapter
21.47.110 as the overall plan is comprehensive, embrac-
ing 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
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met or will be met by conditions of approval.
6) The design of the subdivision.and type of improvements will
n not conflict with easements for public use or public access
through the subject property. •
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General Conditions , —
1) Approval is granted for CT 80-31/CP-113, as shown on
Exhibits A, B, C, D, E, and F, dated November 3, 1980,
incorporated by reference and on file in the Planning
••-, Department. Development shall occur substantially as
shown unless otherwise noted in these conditions.
12 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.
3) This project is approved upon the express condition that
building permits will not be issxied 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, anc
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 conditic
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 i!1721 " -3-'
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Department prior to final map approval.
9 10) The applicant shall prepare a detailed landscape and
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11 11) Parking lot trees shall be a minimum 15 gallon size.
12 12) All landscpaed areas shall be maintained in a healthy and
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>*•>•...Pj. a n n i ng D e pa s^ne n 1:
7) Approval of this request shall not excuse compliance wrth all
sections of the Zoning Ordinance and all other applicable
city ordinances in effect at time of building permit issuance
8) The applicant shall prepare a reproducible mylar of the
final condominium site plan incorporating the conditions
contained herein. 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
irrigation plan which shall be submitted to and approved
by the Planning Director prior to final map approval.
thriving condition, free from weeds, trash, and debris.
13) Any signs proposed for this development shall be. designed
in conformance with the city'.s Sign Ordinance and shall
require review and approval of thfe Planning Department prior
to installation of such signs.
16 14) 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.
15) 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.
Engineering Department
16) 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.
Fire Department
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17) In order to provide for fire protection during the
construction period, the applicant shall maintain
passable vehicular access to all buildings. In addition,
PC RESO #1721 -4-'
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Building and Fire Department.
6 20) All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for
approval prior to construction.
21) Prior to the issuance of building permits, complete building
plans shall be submitted to the Fire Department for review .
and approval.
11 PASSED, APPROVED AND ADOPTED at a regular meeting of
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the Planning Commission of the City of Carlsbad, California,
13 held on the 10th day of December, 1980/%«by the following
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adequate fire hydrants with required fire f lows shall
be installed on and off site as required by the Fire
Department. .
18) Proposed security gate systems shall be subject to
approval of both Police and Fire Departments prior to
approval of final map.
19) Fire retardant roof shall be required on all structures by
vote, to wit:
AYES: Marcus, Rombotis, Larsen, Leeds, Friestedt, L'Heureux
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NOES: None .-•••' . -
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ABSENT: None
ABSTAIN: Jose • '
MARY MARCUS, Chairman
CARLSBAD PLANNING COMMISSION
U
MES C. HAGAMAN,/ Secretary:ARLSBAD PLANNI-NG COMMISSION
PC RESO #1721 . .-5-