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HomeMy WebLinkAbout1981-09-15; City Council; 6335-3; Amendment to 7 Unit Tentative Tract Map and Comcominium Permit East side of Lincoln between Pine and Walnut CT 80-22 (A) / CP 101 (A) Latitude 334 1 CIT OF CARLSBAD - AGENDh. BILL PERMIT: LocaTED ON THE EAST SIDE OF' LINCOLN SmET BETWEEN PINE AVENUE AND lG&" AVE. CASE NO: CT 80.-22 (A)/B-101 (A) APPL: LATITUDE 33 IEPTW RECOMMENDED ACTION: 0 DEPT. HD. - CITY AlTYm CITY MGR.~ If the City Council wishes to approve Tentative Tract Map (CT 80-22 (A) ) and Condominium Permit (CP-101 (A) ) , your action is to adopt Resolution No. &&&t. ITEM EXPLANATION The City Council, at your September 1, 1981 meeting, directed the City Attorney to prepare the necessary documents approving an amendment to a previously approved Tentative Tract Map and Condominium Permit. The amendment would provide for one additional unit, totaling eight units overall. A resolution approving Tentative Tract Map amendment (CT 80-22(A)) and Condominium Permit amendment (CP-101 (A) ) is attached. EXHIBIT Resolution No. 4,646 , approving CT 80-22(A)/CP-l01(A) 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6666 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS AN AMENDMENT TO A PREVIOUSLY APPROVED 7-UNIT TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO ADD ONE ADDITIONAL UNIT TO SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF LINCOLN STREET BETWEEN PINE AVENUE AND WALNUT AVENUE. APPLICANT: LATITUDE 33.(CT 80-11(A)/ CP-lOl(A)). WHEREAS, on August 12, 1981 the Carlsbad Planning Commission adopted Resolution No. 1848 recommending to the City Council that an amendment to a previously approve 7unit Tentative Subdivision Map (CT 8011(A)) and Condominium Permit (CP-lOl(A)), to add one additional unit to said project, be conditionally approved : and WHEREAS, the City Council of the City of Carlsbad, on September 1, 1981, held a public hearing to consider the recommendations and hear all persons interested in or opposed to amended Tentative Subdivision Map (CT 80-11(A) ) and Condominium Permit (CPlO?(A)); and WHEREAS, said project has 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. 1848 constitute the findings of the City Council ..i 1 2 3 4 5 6 7 a 9 10 11 12 P 39 20 21 22 23 24 25 26 27 28 in this matter. C. That said amended 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 general and specific plans of the City of Carlsbad. D. That amended Tentative Subdivision Map (CT 80-22(A)) and Condominium Permit (CP-lOl(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. 1848, dated August 12, 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 , 1981 by the following vote, to 15th day of September - wit: AYES : Council Menibers Packard, Casler, Anear, LaJis and Kulchin NOES: None ABSENT: None ATTEST : 5ONALD C. PACKARD, Mayor ALETHA L. RAUTENKRANZ, City Clerk I (SEAL) 2. 4’ L -.. 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 (>- I EXHIBIT A TO CITY COUNCIL RESOLUTION NO. 6666 PLANNING COI\‘IMISSIQN RESOLUTION NO. 1848 A RESOLUTION OF THE PrIANNmG COGWXSSION OF THE CITY OF CARLSEAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO A TENTATIVE TRACT MAP AND CONDOMNIUM PERNIT BY TfIE ADDIT’PON OF ONE ON THE EAST SIDE OF LlHCOLN STREET BETICEEN PINE APPLICANT: LATITUDE 33 UNIT, EIGHT TOTAL, ON PROPERTY GENERRLLY LOCATED AVENUE AND WALNUT AVENUE CASE NO: CT 80-22/CP-IU1 0 WHEREAS a verified applicatian for certain property, to wit: The northwesterly 100 feet of Tract. 219 of T’humla.iifis, i.11 the City of Carlsbad, according to map thereof No. 108Tr filed DecerScr 9, 1915, has been filed with the City of Carl;hac%, and referr& to the PKanning Commission; and WHEREAS I said verified applfcatian constitutes a request: as provided by Title 21 of the Carlsbad FZuiiicipal Code; and WEIEREASc the Planning Cawmj.sriion djd, on the 12th ciay of August, 1981 hold a duly noticed publ-2.c hearing ZiS presc:ribed by law, to consider said request; and WKEREAS at said public hearing upon hearing and cona~.cIcr~n~ all testimony and argumer:tsf if anyp of all persons desiring to be heard, mj.d Corrimission considered all €actors relating t:o the Tentative Tract Map and Condominium Permit; ah3 NOWF TIiERE:FOREI BE IT HEREBY RESOLVED by the Plaiiriing -- -.. -- Commission as follows: (A) That the foregoing recitations arc true and correct.. (B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAT, of CT 80-22/CP-101 (A), based on the Eollowing finxings and subjcct to the fol.J.owj.~~g c----- ’ conditions: /// 1 2 3 4 5 6 7 -e '9 3.0 2c 23 22 22 24 25 26 27 28 Findings - (-;- The project is consistent with the city's General Plan since the proposed density of 23 du's/acra is within the density range of 20-30 du's/acrc specifi.ed for the site as indicated on the Land Use Element of the Gcneral Plan, The site is physically suitable for the type and density oE the development since the site is adequate in size and shapc to accommodate residential development at the density pro- posed * The project is consistent wj.th aXZ city public faci,lity pol- icies and ordimnee6 since: %! t The Planning Commission 112s by incl.usion of a.ri appro- priate condition to this project, insured that the fin81 map will. not be approvcd un9.ess the City Counc5l finds that sewer service is avaj.li;ble to serve the project., Tn addition the Planrahg Csnmi ssian has a6ded a conditi.un that a note shall be placed on the final. map that build- ing permits may not bc issued for thc project unless the City Engineer determines tht: sewer service is available, and building cannot occur within the pro:jc.c:t unless SE~FC~ service rernains availab9.c the Pl.anning CCUT~~SS~OR i s satisfied that the requirements of the pukrl,ic facilities element of the General Plan have been met insofar as they srply to sewer service for this project, School facilities will be available to this project: BE-: indicated by the Carlsbad Unified School District: per lcttek dated June 19@ 1981, park-in-lieu fees are required as a conditi,on of approval. All necessary public improvements have been provided or will be required as conditions of appi:ovi;I., The applj.cant: has agreed and is ircquj.rec1 by the Inclusian of an appropriate condition to pay a puhl.ic facilities fee. Performance of that contract and payment of the fee will enable this body to find that pu1:rlj.c facilitics will- be available concurrent with need as required by the General Plan. The proposed project is compatible with the surrounding future land uses since surrounding propcrtlcs are designated for residential development on the General. Plan. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on July 14, 1981 and approvcc'l by the Planning Coinmission on AugusG 12, 19131. bI I 7 a 9 20 13. . 12 3.3 .. 14 3.5 16 17 3.8 19 20 21 22 23 24 25 26 27 28 .. Conditions General Conditions The conditions contained herein. shall. supercede all condi,t.ions contained in Resolution No. 1672 (CT 80-22/CP-101), Approval is granted for CT 80-2%(A)/CP-I~l (A) as shown on Exhibit( s) ''A -J" dated Sum 25 1981, incorporated by refer- ence and on file in the Planni.ng Department. Deve~,spment shall occur substantially a5 shov:n unless otherwise noted its these conditions., This project is app?~~edi upon the oxpress conditi.on khat the final map shall not be approved t).liless the Cj.ty Councri.9. finds as of the time of such approval. that sewer service j.s asaj.1- able to serve the subdivisian, This .project is appraved upon the express cor'diti.on that building permits will not be iscu.ed fox development of the subject property unless the City Engineer determ~ncs that sewer facilities are available at the time of ;;pplic$.tio~i for such sewer permits and will contititrts to be avail.ab1.e tinti1. time of occupmcy., This note ehal-1 be placed on the Einal, map. This project is approved upon the c?xpz-ess condition that the applicant shall pay a public facilities fee as requit-ed by City Council Policy No, 17, dated Aucjust 29, 4979, on file with the City Clerk and incorporated herein by ref ercrrce , and according to the agreement: cxccuted by the applicant for pay- ment of said fee a copy of that agreement clziteci April 17, 7980, is on file with the City CJcrk and incorporated hereirr by reference, If said fee is not2 paid as premised, this ap- plication will. not be consistent with the General. Plan and approval. for this project shall be mid, The applicant shall pay park-in-lieu fees t.0 the city, prior to the approval of the final. map as required by Chapter 20,44 of the Carlsbad Munici.pa1 Code e Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other appl.icab1e city ordinances in effect at time of building peiirrtit -issuance, - Planning Department Conditions 8) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herci n. Said site plan shall be submitted to ancl approved by the Planning Director prior to the issuance of building permits, 9) The applicant shall establish a homeowner's asso'ci ation and corresponding covenants, conditions and rcstrictions. Said CC&R's shall be siibrnitted to and approved by the Planning ne- partinctit prior to final map approval, t ,.. . . 1 2 8 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 10) The applicant shal.1 prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits .. 11) A11 landscaped areas shall be! maintained in a healthy and thriving condition, free from weeds,-lxzsh, an6 debris. 52) Any signs proposed for this devcl.opmant shall be designed in conformance with the city's Sign Ordinance and shall, require review and approval of the PlannJ'.rlg Departrrient prior to in- stallation of such signs 13) Trash receptacle areas shall be encli,ose:d by a 6 foot high masonry wall with gates pursuant kq city standards. bocaticjn of said receptacles 'shal.1 be appr&cd by the Planrii.ng Direc- tor. 14) All roof appurtenances, includj.ng air conditioners, shall he archi.tectura1.l.y integrated and S~J i-elder3 from vie\: an6 thc sound' buffered from adjacent proparties WICI streets to the sat isfact iara of the Planning Depastrrtcnt and UuiZding Direc- tor. 15) All units shall provide space for laundry f-aciXitks to acco- 16) Prior to occupancy of any units, the visitor parking spaces modate a washer and dryer, shall be signed and labeled to the satisfaction of the Plan- ning Director e Engineering Conditions 17) The developer shall obtain a yrac3j.I-ig permit prior to the coni- mencement of any clearing or grading of the site, 18) The grading for this project Is defined as "regular grading" by Section 91,06.170(a) of the CarlsbZid Municipal Code. The developer shall submit a grading plan for approval which shall includc all required drainagc structures and any re- quired erosion control measures. The devel-aper shall also submit: soils I geologic or compaction reports if required arid shall comply with all provisions of Chapter 11.06 of the 19) Lincoln Street shall be fully improved along the frontage of this project prior to occupancy of any units subject. to Engineering standards and City Engineer approval. Carlsbad Municipal Code a .. -.. -. 20) The sump pump shall be designed aiid located to the satisfac- tion of the City Engineer. 21) Additional off-site drainage improvements shall he required if found necessary by the City Engineer to mitigate drainage impacts caused by this proj cct: on Walnut Avenue or adjacent: property. ., 10 11 12 13 14 15 16 17 28 3.9 20 21 22 23 24 25 26 _r Fire Department Conditions 22) All private driveways shall be kept clear of parked vehicles at all times and shali have posted "NO Parking/E'j.ce Lanc/'fow- Away Zone" pursuant to Section 12.04.040 of the blunicipal Code e 23) In order to provide for fire protection during the construc- tion period I the applicant shall. maintain passable vehicu3.tir access to all buildings In addition, adequate fire hydra1it.s with required fire flows shall be installed on ami off cite as required by the Fire Department, Parks and Recrea.Lion I_ Department Cond j.t%ons , 24) The applicant shall install street trees to city specifica- tions at 40 foot intervals along all puh1.i~ street frontagc-ts prior to final occupancy of any )sui,l6ing. Tbe va.riet;y of said. trees ska.Xl be subject to thc approval of the Paarks, ancS Recreation Department. Corriiission of the City of Carlsbad, California, heSc7 on the 12t:h day of August, 4981, by the Eollow5.ng vote, to wit: ATTEST: /I ZARL S UA D PLAN NG 0 MM I S S I ON / PC RES0 81848 -5-