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HomeMy WebLinkAbout1981-08-18; City Council; 6695-1; Tentative Map/Condominium Permit- Rose Gardena> CITY OF CARLSBAD AGENDA BILL NO.6695, Supplement 1 Initial: Dept.Hd. DATE: August 18, 1981 C. Atty. C. Mgr. DEPARTMENT; City Attorney ~ Subject: TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT AMENDMENT: WEST OF ZAMORA WAY, BETWEEN ALICANTE ROAD AND ALMADEN LANE. CASE NO; CT 81-24/CP-6(A) APPLICANT; ROSE GARDEN Statement of the Matter The City Council, at your meeting of August 4, 1981, directed the City Attorney to prepare the necessary documents approving Tentative Subdivision Map (CT 81-24) and Condominium Permit (CP-6(A)) for a 23-unit 2-phase condominium project. A resolution of approval has been prepared and it is attached. Exhibit Resolution No. Recommendation If the City Council concurs, your action is to adopt Resolution No. ^/£*/7 approving CT 81-24 and CP-6(A). APPROVED D 1 8<?< s VINCENT F. BIONDO, JATTORNEY - CITY OF C1200 ELM AVENUEIARLSBAD, CALIFORNIAO 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. 6647 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-24) FOR A 23- UNIT 2-PHASE CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-6(A)) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED IMMEDIATELY WEST OF ZAMORA WAY BETWEEN ALICANTE ROAD AND ALMADEN LANE. APPLICANT; ROSE GARDEN PARTNERSHIP. WHEREAS, on July 8, 1981 the Carlsbad Planning Commission adopted Resolution No. 1829 recommending to the City Council that Tentative Subdivision Map (CT 81-24) and Condominium Permit (CP-6(A)) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on August 4, 1981, held a public hearing to consider the recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 81-24) and Condominium Permit (CP-6(A)); and WHEREAS, An Environmental Impact Report was certified as complete for a previously issued entitlement for this project, and the Planning Director has found the Tentative Subdivision Map (CT 81-24) to be in prior compliance with 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. 1829 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 1 2 3 4 5 6 7 8 9 10 11 12 § 13• u. CMa. <£ 0j ei" sj f 14a o 1 g lp§ 15 — \uj O UJ Z CM O GC *" Z O 16 | 17 18 19 20 21 22 23 24 25 26 27 28 w conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 81-@$) and Condominium Permit (CP-6(A)) 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. 1829, dated July 8, 1981, 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 18th day of August , 1981 by the following vote, to wit: ABSTAIN: Council Member Packard AYES: Council Members Casler, Anear, Lewis NOES: None ABSENT: Council Member KulcMn ^&r>>*-*^s{<t RONALD C. PACKARD, Mayor ATTEST : / e^ir: ALETHA L. RAUTENKRANZ, City Cler (SEAL) 2. w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 24 25 26 27 ^""S EXHIBIT A TO CITsJfcoUNCIL RESOLUTION NO, 6647 PLANNING COMMISSION RESOLUTION NO. 1829 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A REQUEST FOR A TENTATIVE TRACT MAP AND AMENDMENT TO A MAJOR CONDOMINIUM PER- MIT ON PROPERTY GENERALLY LOCATED IMMEDIATELY WEST OF ZAMORA WAY BETWEEN ALICANTE ROAD AND ALMADEN LANE APPLICANT: ROSE GARDEN PARTNERSHIP CASE NO t CT 81-24/CP-6(A) WHEREAS, a verified application for certain property, to wit: Lot 3 of La Costa Village according to map 6621 filed April 14, 1970. 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 8th day of July, 1981, hold a duly noticed public hearing 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; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis sion as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, the Commission APPROVAL CT-81-24/CP-6(A), based following findings and subject to the following conditions: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 j 18: 19 20 21 22 23 24 25 26 27 28 Findings . 1) That the proposed project is consistent with the city's Gen- eral Plan since it is within the density range allowable under the current General Plan Land 'Use designation. 2) That the proposed project is consistent with all city public facility policies and ordinances since: a) Leucadia County Water District has allotted 23 sewer EDU's for the project. b) School fees to mitigate conditions of overcrowding are being paid and will continue to be paid as building per- mits are issued pursuant to Chapter 21.55 of the Carls- bad Municipal Code. c) Water service will be provided by the Costa Real Munici- pal Water District. . d) All other public facilities have been paid or will be required as conditions of approval for CP-6. 3) That the .original project will not cause any substantial environmental impacts and a Negative Declaration was issued on May 12, 1979 and a Notice of Prior Environmental Compli- ance was issued on the proposed project on June 8, 1981. 4) That the proposed project meets the design criteria and • development standards of the Condominium Ordinance and as approved by the City Council in accordance with CP-6. Conditions: 1) Approval is granted for CT 81-24/CP-6(A), as shown on Exhibit A, dated June 4, 1981, incorporated by reference and on file in the Planning Department. Development shall occur sub- stantially as shown unless otherwise noted in these condi- tions. 2) All conditions of CP-6 (City Council Resolution No. 5873) are incorporated herein by reference and shall be complied within their entirety unless otherwise noted herein. 3) 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 issu- ance. PC RESO #1829 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 24 25 26 i 27 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 pay- ment of said fee a copy of that agreement dated February 19, 1981, 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 developer shall install a wheelchair ramp at both public street corners abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings. 6) 'The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. PASSED, APPROVED AND. ADOPTED at a regular meeting of. the Planning Commission of the City of Carlsbad, California, held on the 8th day of July, 1981, by the following vote, to wit: AYES: NOES: Vice-chairman Friestedt, Commissioners Rombotis, Farrow, Schlehuber, Jose and L'Heureux. None. ABSENT: Chairman Marcus. ABSTAIN: None. JONATHAN FRIEST^DT, CARLSBAD PLANNING CO - C'Ka i'r'm'an SSION ATTEST: S C. HAGAMAN', Secretary RLSBAD PLANNING COMMISSION 111829 -3-