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
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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
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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.
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^""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:
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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-
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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-