HomeMy WebLinkAbout1981-09-01; City Council; 6708-1; 24 Unit Tentative Map & Condominium PermitCITY OF CARLSBAD
AGENDA BILL NO. 6708-Supplement 1 Initial:
Dept.Hd.
DATE: September 1, 1981 C.
c-DEPARTMENT; City Attorney
Subject: 24 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT;
NORTHSIDE OF PIRINEOS WAY, LA COSTA. CASE NO. CT 81-20/CP-165
APPLICANT; SUNRISE PACIFIC
Statement of the Matter
The City Council, at your August 18, 1981 meeting, directed the
City Attorney to prepare the necessary documents approving
Tentative Subdivision Map (CT 81-20) and Condominium Permit
(CP-165). A resolution of approval is attached.
Exhibit
Resolution No. CP (j> 6 6
Recommendation
If the City Council concurs, your action is to adopt Resolution
No. 66^"-^"' approving CT 81-20 and CP-165.
APPROVED
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RESOLUTION NO. 6655
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
TENTATIVE SUBDIVISION MAP (CT 81-20) FOR A 24-
UNIT CONDOMINIUM PROJECT AND APPROVING
CONDOMINIUM PERMIT (CP-165) FOR SAID PROJECT ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF
PIRINEOS WAY. APPLICANT: SUNRISE PACIFIC.
WHEREAS, on July 22, 1981. the Carlsbad Planning
Commission adopted Resolution No. 1834 recommending to the City
Council that Tentative Subdivision Map (CT 81-20) and
Condominium Permit (CP-165) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
August 18, 1981, held a public hearing to consider the
recommendations and hear all persons interested in or opposed to
Tentative Subdivision Map (CT 81-20) and Condominium Permit
(CP-165); 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. 1834 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 81-20) and
Condominium Permit (CP-165) 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. 1834, dated July 22, 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
1st <3aY of September , 1981 by the following vote
to wit:
AYES: Council Menfoers Packard, Casler, Anear and Lewis
NOES: None '
ABSENT: None /^^~> s /""I? /?
ABSTAIN; Covncil Menber Kxoldii^X^.-^ ^^^i^^^^^,.^
RONALD C. PACKARD, Mayor
ATTEST:
A _JL_fl J) /O — /
ALETHA L. RAUTENKRANZ, City Clerk "J
(SEAL)
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EXHIBIT A TO CITY f^UNCIL RESOLUTION
NO. W55
PLANNING COMMISSION RESOLUTION NO. 1834
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 24
UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF
PIRINEOS WAY.
APPLICANT: SUNRISE PACIFIC
CASE NO; CT 81-20/CP-165 ; • .........
WHEREAS, a verified application for certain property to,
'wit: • . . .
Parcel 1 of Parcel Map No. 4548 filed May 16, 1976
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 22nd day of
.July, -1901, 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.
NOW, THEREFORE, BE IT. HEREBY RESOLVED by the Planning
Commission 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 81-20/CP-165,
based on the following fincffhgs and subject to the
following conditions:
Findings;
T5 TTTe project is consistent with the city's General Plan since
the proposed density of 27 du'n/acre is within the density
range -of 20-30 du's/acre specified Cor the site as indicated
on the Land Use Element of the General Plan and can be
- justified for the reasons stated in the staff report.
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3)
4)
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-
posed and still meet all of the requirements of the
Condominium Ordinance.
The project is consistent with all city public facility
policies and ordinances since:
a) The applicant has received 24 edu's from the Leucadia
County Water District.
b) The Planning Commission has , by inclusion of an
appropriate condition to this condominium permit and
tentative 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 permits may not be issued for the condominium
project unless 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 tentative map and condominium permit approval.
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c) School facilities will be. provided by the San Dieguito
High School District and Encinitas Union School
District.
d) Park-in-lieu fees are required as a condition of
approval.
e) All necessary public improvements havo been provided or
will be required as conditions of approval. :
f ) The applicant has agreed and is required by the
. inclusion 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.
The proposed project is compatible with the surrounding land
use since all of the surrounding properties have been or are
being developed with condominium projects at a similar
density.
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Conditions:
General . -
1) Approval is granted for CT 81-20/CP-.165, as shown on Exhibit-
(s) "A" - "J", 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
conditions.
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 avail-
able to serve the.project.
3) 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.
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 May 8, 1981,
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.
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 condi-
tions of overcrowd ing as part of building permit applica-
tion. These fees shall be based on the fee schedule in
effect at the time of building permit application.
7) 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.
8) 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
applicant. Said extension shall be approved or denied at
the discretion of the City Council. In approving an
extension, the City Council may impose new conditions and
may revise existing conditions.
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Planning^
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.
This plan shall not exceed 24"x36" in size.
10) The applicant shall establish a homeovmer's association and
corresponding covenants-, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Planning
Department prior to final map -approval.
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
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 the Planning Department prior to
installation of such signs.
14) Trash receptacle 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) 7\11 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.
16) The buildings shall not exceed a height of 35 feet as
defined in the Zoning Code.
Engineering .
17) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
18) 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
required erosion control measures. The developer shall also
submit soilsf 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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19) The developer shall install street trees at' the equivalent
of 40-foot intervals along all public street frontages in
conformance with city of Carlsbad standards. The trees
shall be of a variety selected from the approved street tree
list.
20) The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water
agencies regarding services to the project.
Fir e • D e p ar tm en t
21) 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.
22) Buildings exceeding.10,000 square feet in area shall be
sprinklered or four hour walls with no openings therein
shall split the building into 10,000 square feet or less
areas.
23) The parking garage shall be sprinklered. ,;'
24) Dry standpipes may be required for the rear units.
25) Pursuant to the provisions of Section 20.20.050(1) of the
Carlsbad Municipal Code, a parcel map may be filed in lieu
of a final map. Whenever reference is made in these
conditions to a final map, the reference shall apply also to
a parcel map filed in lieu thereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on
the 22nd day of July, 1981, by the following vote, to wit:
AYES: Marcus, Farrow, Schlehuber, Jose and L'Heureux
NOES: Rombotis
ABSENT: Priestedt
ABSTAIN: None
MARY MAuCUS, Chairman
CARLS/BAD PLANNING COMMISSION
ATTEST:
<^D,
Secretary
PLANNING COMMISSION