HomeMy WebLinkAbout1981-08-04; City Council; 6677-1; 28 Unit Tentative Map & Condominium PermitCITY OF CARLSBAD
AGENDA BILL NO. 6677, Supplement 1
DATE : August 4, 1981
DEPARTMENT; City Attorney
Initial:
Dept.Hd.
C. Atty.j
C. Mgr.
Subject: 28-UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT; NORTH
SIDE OF UNICORNIO STREET BETWEEN CACATUA STREET AND EL FUERTE
STREET. CASE NO; CT 81-18/CP-164 APPLICANT: G.R. CAPITAL, INC.
Statement of the Matter
The City Council at your meeting of July 21, 1981 directed the
City Attorney to prepare the necessary documents approving
Tentative Subdivision Map (CT 81-18) and Condominium Permit
(CP-164). A resolution of approval has been prepared and is
attached.
Exhibit
Resolution No. iP to 3
Recommendation
If the City Council concurs, your action is to adopt Resolution
No- ifb&'J approving CT 81-18 and CP-164.
APPROVED.
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RESOLUTION NO. 6624
A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
TENTATIVE SUBDIVISION MAP (CT 81-18) FOR A 28-
UNIT CONDOMINIUM PROJECT AND APPROVING
CONDOMINIUM PERMIT (CP-164) FOR SAID PROJECT ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF
UNICORNIO STREET BETWEEN CACATUA STREET AND EL
FUERTE STREET. APPLICANT; G.. R. CAPITAL, INC.
WHEREAS, on June 24, 1981 the Carlsbad Planning
Commission adopted Resolution No. 1826 recommending to the City
Council that Tentative Subdivision Map (CT 81-18) and
Condominium Permit (CP-164) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
July 21, 1981, held a public hearing to consider the
recommendations and hear all persons interested in or opposed to
Tentative Subdivision Map (CT 81-18) and Condominium Permit
(CP-164); 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 o'f 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. 1826 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 the
conditions of this resolution, is consistent with all applicable
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general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 81-18)
Condominium Permit (CP-164) are hereby approved subject
and
to all
applicable requirements of the Carlsbad Municipal Code and to
the satisfaction of the conditions contained in Planning
Commission Resolution No. 1826, dated June 24, 1981, marked
Exhibit A, attached hereto and made a part hereof.
PASSED, APPROVED, AND ADOPTED at a regular meet
the City Council of the City of Carlsbad, California, on
4th clay of August ,1981 by the following
to wit:
ing of
the
vote ,
AYES: Council Members Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: Council Member Packard
^/flt^, &. &^JL^
RONALD C ./^PACKARD , Mayor
MARY H. CASLER, Vice-Mayor
ATTEST:
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A wJ J) /O <
MjO/jPJ.,^ Yt \) VQuxjC^-lP A r.T,
ALETHA L. RAUTENKRAN^, City ClerkA
(SEAL) .
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EXHIBIT A TO^CITY COUNCIL RESOLUTION
NO. 6624
PLANNING COMMISSION RESOLUTION NO. 1826
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
'APPROVAL OF A 28 UNIT TENTATIVE TRACT MAP AND
CONDOMINIUM PERMIT ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF UNICORNIO STREET
BETWEEN CACATUA STREET AMD EL FUERTE STREET
APPLICANT: G. R..CAPITAL, INC.
CASE NO; CT 81-18/CP-164
WHEREAS, a verified application for certain property, to
wit:
Lots 5*15, 5167 517 of La Costa Meadows Unit No. 3
according to Hap 7076 filed October 6, 197V.
has been filed with the City of Carlsbad, an.d 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 24th day of
June, 1981, hold a duly noticed public hearing as'prescribed by
law, to consider said request; and
WHEREAS, at said public hearing, upon hearing and con-
sidering 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; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as fellow's: . .
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing,
the Commission APPROVAL CT-81-18/CP-164, based on the
following findings and subject to the following conditions:
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Findings;
1) The project is consistent with the city's General Plan since
the proposed density of 16.2 du/acre is within the density
range of 10-20 du/acre specified for the site as indicated in
the Lan,d Use Element of the General Plan and can be justified
for the reasons stated in the staff report.
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 density pro-
p6sed and still meet all of the requirements of the Condomin-
ium Ordinance. . '. .
3) The project is consistent with all city public facility poli-
cies and ordinances since:
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a) The Leucadia County Water .District has allocated suffi-
cient sewer connections for 'the project.
b) The Planning Commission has, by inclusion of an appro-
priate condition to this condominium permit and tenta-
' tive subdivision map, insured that the final map will
not be approved unless the City Council finds that sewer
service is available to serve the project. In addition/
the Planning Commission has added a condition that a
note shall be placed on the final map that building per-
mits may not be issued for the condominium project un-
less the City Engineer determines that sewer service is
available, and building, cannot occur within the project
unless sewer service remains available, the Planning
Commission is satisfied that the requirements of the
public facilities element of the General Plan have been
met insofar as they apply to sewer service .for this tenr
tative map and condominium permit approval.-
c. School facilities will be provided by the San Marcos
School District.
d. Park-in-Lieu fees are required as a condition of appro-
val. '
Ale. 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 facili-
ties fee. Performance of that contract and payment of
the fee will enable this body to find that public facil-
ities will be available concurrent with. need as required
by the General Plan.
PC RESO ft 1826 -2-
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4) The proposed condominium project complies with the provisions
of Chapter 21.47 (Condominiums) since:
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 utili-
ties and all other requirements of Section 21.47.130
have been met or will be met by conditions of approval.
5) This project will riot cause any significant environmental
impacts, and a Negative Declaration has been issued by the
Planning Director on June 1, 1981, and approved by the Plan-
ning Commission on June 24, 1981.
6) The land included within this project contains less than 5
acresj each parcel abuts upon a maintained public street and
no dedications or improvements are required. Therefore, in
accordance with Section 20.20.050 (1) of the Carlsbad Munici-
pal Code and Section 6G426 (a) of the Subdivision Map Act, a
parcel map may be filed in lieu of a final map.
General Conditions: .
•1) Approval is granted for CT 81-18/CP-164, as shown on Exhibits
"A" - "E", dated May 21, 1981, incorporated by reference and
on file in the Planning Department. Development shall occur
substantially as shown unless .otherwise noted in these condi-
tions.
2) This project is approved upon the excess 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 avail-
able to serve the subdivision.
3)
4)
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.
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 pay-
ment of said fee a copy of that agreement dated May 8, 1901,
is on file with the City Clerk and incorporated herein by
reference. If said fee is not paid as promised, this appli-
cation will not be consistent with the General Plan and ap-
proval for this project shall be void.
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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 o
building permit application.5
7) Approval of this request shall not excuse compliance with all
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ordinances in effect at time of building permit issuance7
8) This approval shall become null and void if building permits ar
not issued for this project within one year from the date of
project approval. .9
Planning Department
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sections of the Zoning Ordinance and all other applicable city
9) The applicant shall prepare a reproducible mylar of the final
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.
10) The applicant shall establish a homeowner's association and cor
-responding covenants, conditions and restrictions. Said CC&R's
shall be submitted to and approved by the Planning Department
prior to final map approval.15
11) The applicant shall prepare a detailed landscape and irrigation
plan which shall be submitted to and approved by the Planning
Director prior to the issuance of building permits.
12) All landscaped areas shall be maintained in a healthy and thri
18 ving 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 the Planning Department prior to instal'
lation of such signs.• . . • '
14) A uniform sign program for this development shall be submitted
to the Planning Department for their review and approval prior
to occupancy of any building.So
15) Trash receptable areas shall be enclosed by a 6 foot high maso
ry wall with gates pursuant to city standards. Location of sa
receptacles shall, be approved by the Planning Director.
16) All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the sour
buffered from adjacent properties and streets to the satisfac-
tiori of the Planning Department and. Building Director.
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17) The phase line (between Phase 1 and 2) shall be revised so
that each phase independently meets all development standards
.of the Condominium Ordinance.
18) Approval of this tentative tract map shall expire eighteen
months from the date of City Council approval unless a final
map is recorded. An extension may be requested by the appli-
cant. Said extension shall be approved or denied at the dis-
cretion of the City Council. In approving an extension, the
City Council may impose new conditions and may revise exist-
ing conditions. •
Engineering Department .
19) The developer shall obtain a grading permit prior to the com-
mencement of any clearing or grading of the site.
20) The grading for this project is defined as "regular grading"
by Section 11.06.170(a) of the Carlsbad Municipal Code. The
developer shall submit a grading plan for approval which
shall include all required drainage structures and any re-
quired erosion control measures. The developer shall also
' . submit soils, geologic or compaction reports if required and
shall comply with all provisions of Chapter 11.06 of the
Carlsbad Municipal Code.
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21) The developer shall install street trees at the equivalent of
40-foot intervals along all public'street frontages in con-
• formance -with City, of Carlsbad Standards. The trees shall be
of a variety selected from the approved Street Tree List.
22) The developer shall comply with all the rules, regulations,
and design requirements of the respective sewer and water
agencies regarding services to the project.
Fire Department
23) An additional public fire hydrant will be required, across
from the westerly driveway.
24) A fire retardant roof shall be required on all structures by
the Building and Fire Department.
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Parks and Recreation Department
25) All irrigation lines adjacent to the sidewalk shall be set-
back at least 12" from the sidewalk.
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PASSED, APPROVED AND ADOPTED at a regular meeting-of the
Planning Cohesion of the City of Carlsbad, California, held on
the 24th day of June, 1981, by the following vote, to wit,-
AYES: Farrow/ Schlehuber, Jose, Priestedt, L'Heureux
NOES: None
ABSENT: Marcus, Rombotis
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ABSTAIN: None
SSffHAN DTTRlfeiB^ v'ice^Cha^man
&LSBAD PLANiaN^COMt^SSION
ATTEST:
JAMES C. HAGA14AN, Secretary
CARLSBAD PLANNING COMMISSION
C
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