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HomeMy WebLinkAbout1981-09-15; City Council; 6726-1; 9 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMITAB# 6726-1 TITLE: 9-Unit Tentative Tract Map and Condo- MTG. 9- 15-8 1 minium Permit; No. Side of Home St. between DEPTCA- Jefferson and Hope. CT 8 1 - 15/CP- 16 1 /RUSSELL DEPT.HD CITYATT CITY MGI . * E! 7 0 e a e 4 2 a 0 - 5 $ z 3 0 0 CIT~F CARLSBAD - AGEND~ILL RECOMMENDED ACTION: If the City Council wishes to approve Tentative Tract Map (CT 81-15) and Condominium Permit (CP-161) your action is to adopt Resolution No. b& 76 . ITEM EXPLANATION The City Council, at your September 1, 1981 meeting, directed the City Attorney to prepare the necessary documents approvin Tentative Tract Map (CT 81-15) and Condominium Permit (CP-161 The approving resolution is attached. EXHIBIT Resolution No. 6670 . i < * I1 1 2 3 4 5 6 7 * 9 lo 11 0 l2 2 VI dQ0 o) l3 UQ s :~wS 14 OO’Z z>5g ZtZk 15 i. 5a $286 16 yj$’Qm zc II: >+ a l7 az c si l8 I’ 2o 21 22 23 24 25 26 27 28 0-I wu ,, 1 0 0 RESOLUTION NO. 6670 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-15) FOR A NINE UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-161) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF HOME STREET BETWEEN JEFFERSON STREET AND HOPE AVENUE. APPLICANT: RUSSELL. WHEREAS, on August 12, 1981 the Carlsbad Planning Commission adopted Resolution No. 1825 recommending to the City Council that Tentative Subdivision Map (CT 81-15) and Condominium Permit (CP-I 6 1 ) be conditionally approved; and WHEREAS, the City Council of the City of Carls>bad, on September 1, 1981, held a public hearing to consider the recommendations and hear all persons interested in or opposed t Tentative Subdivision Map (CT 81-15) and Condominium Permit (CP-161); and WHEREAS, said Tentative Subdivision Map and Condominit Permit have been declared to have a nonsignificant impact on tk environment and a Negative Declaration has been prepared and filed in compliance with the requirements of the City of Carlsl: 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. 1825 constitute the findings of the City Counci in this matter. C. That said Tentative Subdivision Map, together w the provisions for its design and improvement and subject to t 1 2 3 4 5 6 7 8 9 10 11 12 fi: 8 13 ~:Iu-S 14 no3z S!ZZ~ 15 $&g6 16 0 2 as E z>zg ;'la< liU "02Qm ze >i- I: a 17 <QU c 18 i3 19 20 21 22 23 24 25 26 27 28 ,. 1 0 0 conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 81-15) and Condominium Permit (CP-161) 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. 1825, 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 15th day of Septerriber , 1981 7 by the following vote, to wit: AYES: NOES: Ncme ABSENT: None Council Menbers Pa&ard, Casler, Anear, Lewis and Kul&&c flHi2&L// RONALD C. PACKARD, Mayor ATTEST: (SEAL) 2. fF, 2 3 4% 5 6 7 8 9 IQ 2.3- 3.2 3.3 *., a' a5 16 37 18 19 20 21 22 23 24 25 2G 21 28 (.@ EXHIBIT A TO CI'py co kc L ~~OLU~~IO~J NO. - 61 PLANNING COMMISSION RESOLUTl'ON NO. 1825 e--..---- A RESOLUTICN OF THE PLAkXING COBKISSION OF TEE CITY OF CARLSBAD r CALIFOR1;JLA f REC0PIP"IENDING Z\PPRi)VI?L FOR A NINE UNIT TENTATIVE TRACT MAP AND CONDOMINIUM OF HOME STREET BET117EEJ.3 JEI?'FI:RSON STREET AND IIOPE AVEI APPLICANT:: RUSSELL ---3--- 7- WEIEREAS p a. verified application for certai,n property PERNIT ON PROPERTY GENEPUiLLY LOCATED ON THE NORTH SI: CASE-NO:.-.-CT M ~l-l5/cp-~Gj,-....-. ____...__._-... tOp ??it: a11 of Lot 9 eogether: with ti-@ InOStr south.i.;estcl:l.y fc: feet of ~ot 10~a3.1 of ~chc3.1, and sites addition LO Carlsbad according to Hap thar:eof No, 2745, filed February 2OP 1929 hac beeia filed with the ~Bty of CZJ~S,SI:)~.G~ X~C? reCcrred to th< P1anning CQIP.II~~SS~OII; and WHEREAS p said verified appJ.ication constitutes a request as provided by Title 21 of the CaxLsbad 14unici.pal Cot and WBBREASp the Planninzg Commj-saion did, on the 36th d June, 9981, and the 22th di;y of ~u9i.y~ 'IQ8TB hold a duly noti. public hearing as prescribed by law to consider said requc.rst: and WHEREAS I at= said pub1 ic hearj-ng r upon hearing and considering all. testj-rnony and. arguments, if anyr of a11 per: desiring to be heardp said Commissj.on considexed all factor: relating to the Tentative Tract Nap an3 Condomi-nium li!ct'mit;. NOWp THEREFORE, BE IT HEREBY RESOLVED by the Plann Commission as follows: A) B) That the above recitations arc true and correct, That based on the evidence presented at t:hc publjc hear the Commissj.on recommends APPROVAL of CT 8l-15/CP--lGlI on the following findings ~~~cct: to the following cond it ions : c 3 2 3 4 5 (i C:B Find ing s : 7) The project is consistent with the c!jly*s General. Plan sir the proposed density of 19-4 du's/acre is within the dcnsi range of 50-20 du's/acre specified for the site as indica1 on the Land Use El.emcnt of the General Plan and can he justified for the following reasons: A) The project is hxted across @he skreef: f?Xfl the Village Redevelopment Area; 6 1 8 9 10 . 2.1 22 x3 .. -z 3.4 3-5 16 2.7 18 39 B) The project exceeds the minimum requirement for open C) As conditianed, additional crn-glte ameni.tj,es will be The site is physically suitable for tho type and density the develop:~ent since the site is adequate in si,zs an6 sh to a. e con~mod at e res id en t i a I d e v sf. o pni wi tr a t t 1-1 e d CII G i t y propdsed and still meet all of the XeCiuiXeX[eiIts of the Condominium Ordinance, The project is consistent with all. city public facility recreation areas; PKOVidied 0 I 2) 3) poliei.es and ordinances sir~cei a) The Planning Corxaission has, by i.nclusj.on of an appropriate condition to this condominium permit am tenta.ti.ve subdivision rmpp insured that the finzl m will not be approved unless the City Counc:iI finds setaer service is available to serve the projects 11 addition, the Planning Corrimissj-on has alided 2 cono'i. that a note shall be placed on the Einal map that: building permits may not be i-ssued for the condomin project unless the City Errgj-necr determines that se service is avaj.lable, and huildiiig cannot ocrcur wit: the project unless sewer servj.ce k-emai ns available, 1 20 21. 22 23 24 . 25 26 27 28 Planning Commission is satisfied that the KequiKeTfiC of the public facilities element of the General Ple have been met insofar as they app3.y to sewer servic for this tentative map and condominium permit apprc b) School facilities will be avai.lable to t.hj.s pro-jec' indicated by the Carlsbad Uni.Eied School District -- I Setter dated April 28, 1981. L c) Park-in-lieu fees are required as a condition of d) All necessary public inprovements have been provid approval o will be required as conditions of approval. /I// //// -3- 1 -- ---- fi-~nclt- 6 x 2 3 4 5 6 7 8 9 16 91. 3.2 13 .- .x 14 15 16 3.7 3-8 19 20 21 22 23 24 25 26 27 28 "b w e) The applicant has agreed and 5-s required by the inclusion of zn appropriate condition to pay a publi. facilities .€'e@, Perforinznce of that contract and payment of the fee will enable this body to find tha need as required by the General Plan, public facilities will. be avail.able concurrenl: with 4) The proposed use is compatible with the surrounding land since several other properties in the vicinity l~a-ve been developed at a similar density, General. Conditions: 1) Approva1. is granted for CT 8?-15/CP--I'Gl, as shown on Y- o Exhibit(s) "A" - "C" p dated JULY 7, 1981,- incorporated by reference amd on file in t~ie ~1-ann2ng ~ep2rtrrtcnt: .. D eu el o pnen t s h a I. 9. o c c u c s ub 5 k B 11 t j, al. 3.y as s h own u !I 1 e s s otherwise noted in these conditions o 2) his project is approved upcrn the express condi.ti.on t~~atr final map shall not be approved un1ess the City Council i. as of the time of such apl2rsval. kh2k sewer service is avai1ahl.e to serve the subdivision (. 3) This project is approved upon the express conditj.on khat building permits will not be issue3 for development of th subject property unless the CLty Cng j nicer determines tE~nt sewer facilities are availabic at-, the time of application such sewer permits 2nd will coxzti.nue to he avaiiable tariti . time of occupzncy, 4;) This project is approved upsn the express 'condition that applicant. shall pay a public facilitjes fcc i:s irequired h City Council Policy No, 17, dated 2iugust.29, 1979, on fi with the City Clerk and incoxporGtcd herein hy 1-eferencc, according to the agreement executed by the applicant for payment of said Eee a. copy of that agreement dated April 1981 c is on file with the City Clerk arid i.nc:or-psorated her application will not be consistent with the Genei:al Plan approval. for this project shall he void, I by reference, If said fee is not paid as promised, thh 5) The applicant shall pay park-in-lieu fees to.the city, pr to the approval of the final map as required by Chapter Z of the Carlsbad Municipal Code. *. 6) Approval of this tentative tract map shall expire eightee months from the date of City Council approval uiiless a Pi map is recorded. An extension may be requested by thc applicant. Said extensionb shall be approved 01: denied a the discretion of the City Council. In approving an extension, the City Council rnny impose new conditions and may revise existing conditions. //// //// I , f'C KE'so #1825 -3- x 2 3 4 5 6 7 8 9 3.0 11 a2 13 14 15 16 17 .- I.8 39 20 21 22 23 24 25 26 27 28 Gib b Plznninq Department: 7) The applicant shall prepare a reproducible mylar of the fi site plan incorporating the conditions contained herein - Said site plan shall be submitted Lo and approved by the Planning Director prior to the issuance of buildimg permit 8) The applicant sha1.l. esta.blish a horneuwner's association ar corresponding covenants p conditions and restrictions e Sai CC&R's shall be submitted to and approved by the Planniiig Department prior to Eina-1 mq approval, 9) The appfi~ant: sha3.1- prepare a detaihd landscape and irrigation plan which shall be submitted to and approved L the Planning Director prior 1x1 the jssl;artce of build hg permits, substantial siae, This landscape plan shali include trees of a 'io) All landscaped areas shall be maint:aincd in a healthy and thriving conditj-an, free froin v?eeds B trash r and debris e ??) Any signs proposed for this davel.opmx-it shall be '6esi.gned confozmance witkt the cityr s Sign OrGjxmncc and shall requ review and approval of the 'Plannirq Departrucnt prior to 92) Trash receptacle areas shaES, be encPosed by a 6 foot high of said receptacles shall be approved by the Plannj.ng Director o installation of such signs v masonry wall t:ith gztcs pursumt to city standards, Taca 9 3) all roof appurtenances p including air conditioners, shall architecturally integrated &rid SI) j-elded from x7 iew and thc soulaa buEEered Crom adjacent properties and streets ko kl satisfaction cf the Planning Department and Building Director o I I 94) The driveway shall he concrete with textured areas Locat< 15) The walkways located in the recreation area at the rear ( 16) All garages shall. be equiped with automatic garage door as shown on Exhibit "B", the project shall be eliminated, =.-I openers, -. r:ng incer ing . Department 17) The developer shall obtain a grading permit prior to the COmmcI~cement of any clearing or grading of the site. IS) The grading for this project is de€ined as "regular grat by Section 11.06.170(a) of the Carlsbad Plunicipal Code. developer shall submit a grading plan for approval whict shal.1 include all required drainage structures and any required erosion control measures. The developer shd1.l I PC RES0 #1025 -4- a. 2 3 4 5 6 7 8 9 ZQ l2 22 J-3 ._ A J4 15 16 17 18 19 2o ’’ 22 23 24 25 26 .. 27 28 ’.. (. :i* submit soils r geologic or compactj.on reports if required i shall comply with all provisions of Chapter 91,06 of the Carlsbad I4unicipal Code, 99) NO grading shall occur outside the Iirnits of the subdivis unless a letter of permission is obtained from the owners the affected properties, 20) Additional drainage easements and drainage structures sha be provided or installed as nay be required by the County Department of Sanitation and PLood Contral or the City Engineer. granted to the cityF without cost to thetcity, free an6 c of aSb liens and encumberances, 22) The developer shall install street: l.ights along all- pub3-i and private street frontages in confornia.nce with City of Ca.rllsbad Standards, 23) The developer shall coxply with ax]. the ruXcsl reguY..ation and des igia requirements of the respective sewer a.nd water agencies reyardhg services to the pro-ject:, 2’1) All land and/or easements required by this project shall. Fire Department: 24) P, fire hydrant shall be located on-slka ko khs szikkfzcti 25) The existiny 419 vaterr line shirf.1- be ~.-cpbc?~:eci from Jeffcr: The new watcr Line sfial3 of the Pire Marshall, OK approved alternative, Street to the new fire hydrant, have a miniinurn size of 6’2r or apprcnwd altcrna.tive. . Parks - and - Recreation. Department - z - 26) The applicant shall install three 75 gallon street trees I the species Netrosideros Exccl.sa. Building I__- -Department: 27) Second exits are required from the third stories, or appi alternativeo 28) Bokh buildings shall have fire retardank roofs ‘to the satisfaction of the Building Director, //I/ //// ///I //// //// PC RES0 111825 -5- 4' b 3 7J 3 A 5 6 7 8 9 10 ,* \*-'e 'I, PASSEDp APPROVED AND ADOPTED at a regular meeting of the Planning Conmission of the city of Carlsbad, California, held on the 12th day of August, 2981 p by &e following Votep k wit: AYES E Chaimaxl Phrcus r Commissioners Rombotis F Farl" Schlehuber, Jose and Priestedt, NOES: None, ABSE'L.JT~ Comissianex L'Eeureux, ABSTAIN $One- / 2k---. IU!. :?Zki--..-- &-&-/' MARY YyWXc";!'S: Cha Irniain CARLSGAD PLANNING CO1%4IfSISC3! I/' ATTEST: . -1 .- 15 16 17 18 29 20 21 22 23 24 25 26 27 28 I .. *-. .. -6- PC RRSO 411825 I1