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HomeMy WebLinkAbout1981-09-01; City Council; 6709-1; 15 Unit Tentative Map & Condominium Permit (2)CITY OF CARLSBAD AGENDA BILL NO. 6709-Supplement 1 DATE: _ September 1, 1981 DEPARTMENT; City Attorney Initial: Dept.Hd. C. Atty.C. Mgr. Subject: 15 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT; NORTH SIDE OF GIBRALTAR AVENUE BETWEEN JEREZ COURT AND ROMERIA STREET, LA COSTA. CT 81-17/CP-163 APPLICANT; LA COSTA VILLAS 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 81-17 and Condominium Permit CP- 163. A resolution of approval is attached. Exhibit Resolution No.•£" V Recommendation If the City Council concurs, your action is to adopt Resolution No. 66£"*/ approving CT 81-17 and CP-163. APPROVED a VI o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 >t | 17 18 • 19 20 21 22 23 24 25 26 .27 28 2£>£ o 0 RESOLUTION NO. 6654 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-17) FOR A 15- UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-163) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR AVENUE BETWEEN JEREZ COURT AND ROMERIA STREET: APPLICANT: LA COSTA VILLAS. WHEREAS, on July 22, 1981 the Carlsbad Planning Commission adopted Resolution No. 1833 recommending to the City Council that Tentative Subdivision Map (CT 81-17) and Condominium Permit (CP-163) 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 81-17) and Condominium Permit (CP-163); 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. 1833 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 ^5 S 8 S 3 I 14 l£j| 15 CO(/> »••! 53 16 S 17 18 • 19 20 21 22 23 24 25 26 27 28 conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 81-17) and Condominium Permit (CP-163) 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. 1833, 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 day of September f 198^_ by the following vote, to wit: AYES* Council Members Packard, Casler, Lewis and Anear NOES: None ABSENT: None ' ABSTAIN: Council Member Kulchin ATTEST: RONALD 'C. PACKARD, Mayor ALETHA L. RAUTENKRANZ, ..City Clerk J (SEAL) 3 6I-V- 1 2 5 4 5 6 7 B . 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 20 EXHIBIT A TO WTY COUNCIL RESOLUTION NO. 6654 PLANNING COMMISSION RESOLUTION NO. 1833 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 15 UNITS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR AVENUE BETWEEN JEREZ COURT AND ROMERIA STREET. APPLICANT: LA COSTA VILLAS CASE NO; ; • CT 81-1 7/CP-.1 63 ' •- WHEREAS, a verified application for certain property to, wit: Lots 376 and 377 of La Costa South Unit 5 according to Map 6600 filed March 10, 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 22th day of July, 1981, hold a duly noticed public hearing as prescribed by lav/ to consider said request; arid _ . 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 81-17/CP~163, based on the following findings and subject to the following conditions: Findings': 1) The project is consistent with the city's General Plan since the proposed density of 20.8 du's/acre is within the dcnsit' range oi: 20-30 du's/acre specified for the site as indicatedtji ^ *-.-w-«d.. ruui RI p.snont of the General Plan. 1 2 5 4 51 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27! 28 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- posed. 3) The project is consistent with all city public facility pol- icies 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 requirements of the public facilities element of the General Plan have-been met insofar as they apply to sewer service for this project. c) School fees to mitigate conditions 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.- 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. : 4) The project will not-cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 29, 1981, and approved by the Planning Commission on July 22, 1981. 5) The proposed condominium project complys 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, embracing land, building, landscaping and their relationships, and sufficient circulation and on-site amenities are -o. 18 27 28 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 met or will be met by conditions of approval. 6) The design of the subdivision and type of improvements will not conflict with easements for public use or public access through the subject' property. 5 Conditions*. 6 General .-- 1) Approval is granted for CT 81-17/CP-163/ as shown on Exhibit (s) "A", "E" and "F", dated May 7, 1981, and Exhibits "B", "C" and "D", dated July 1, 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 available to serve the subdivision. J-O 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 payment of said fee a copy of that agreement dated Hay 7 , 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 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.24 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 of building permit application. //// //// PC RESO ttl833 . -3- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 £0 21 22 24 25 26 27 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 issuance. 8) The applicant' shall prepare^ 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. 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 Department prior to final map approval. 10) 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. • '11) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds , trash, and debris. 12) 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. - 13) 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. • . 14) 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. . / Eng Juneer ing t 15) 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. 16) Prior to the issuance of a grading permit, the haul route shall be submitted for review and shall be approved by the City Engineer. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. • 7 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 17) 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. 18) The developer shall comply with all'the rules, regulations and design requirements of the respective sewer and water agencies regarding.services to the project. « 19) 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. . • Fire: 20) Parking garage shall be protected by an automatic fire . sprinkler system to the satisfaction of the Fire Marshall. 21) Additional public and on-site hydrants may be required. 22) Proposed security gat'e systems shall be subject to approval of both Police and Fire Departments'prior to approval of the final map. 23) Fire retardant roof shall be required on all structures by Building and Fire Department. 24) 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.' Parks and•Recreation: • . 25) The developer shall protect all existing trees and replace any tree damaged or removed with the same species of comparable size. ' PC RESO 01833 —5— PRSSED, APPROVE,at a 3 4 5 6 7 8 9 10 11 12 city ficiiniJ-iiy ~~ -- the 22na aav o£ auly, mi, b, the followin, vote, to MES: Marcus, Kombotis, .arrow, Schlehuber, Jose. -, L'Heureux 'NOES: None ' . ABSENT: Friestedt ABSTAIN: None ATTEST: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jl 1 O "5 " -6-£