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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, 1 2 3 4 5 6 7 8 9 10 11 12D COw ro T •*£ 8 13 -J I-C CM*5 ro d"-| 14 9° ig l£>£ 15m r; —, J-Oo 5 _iu; . 5<^_ tu CJ o oc - SiM iv 16 to tJ 18 19 20 21 22 23 24 25 26 27 28 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 » 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 o CO CC -OIL° — UJ5 z z P >• o 1 2 3 4 5 6 7 8 9 10 11. 12 § 13 | 14 § 15 d 16 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 80-31) 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. 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 •17 18 19 20 23 24 25 26 27 28 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. ••' * » 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 o Findings; BESTCOPY 2 5 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 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. v 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: •3 0 .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 . K «w 2Q 03 04 pr 07 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. • 8 •*•" . 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-' 1 2 8 Department prior to final map approval. 9 10) The applicant shall prepare a detailed landscape and 10 11 11) Parking lot trees shall be a minimum 15 gallon size. 12 12) All landscpaed areas shall be maintained in a healthy and 13 14 15 ; 17 18 19 21 • 22 23 24 25 26 27 28 >*•>•...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 • 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-' 2 5 5 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 12 the Planning Commission of the City of Carlsbad, California, 13 held on the 10th day of December, 1980/%«by the following 14 15 16 17 18 19 20 21 22 23 24 25 ^ 27 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 ' . - NOES: None .-•••' . - • . ABSENT: None ABSTAIN: Jose • ' MARY MARCUS, Chairman CARLSBAD PLANNING COMMISSION U MES C. HAGAMAN,/ Secretary:ARLSBAD PLANNI-NG COMMISSION PC RESO #1721 . .-5-