HomeMy WebLinkAbout1981-09-15; City Council; 6729-1; 14 Unit CT/CP- Pine Ave & Lincoln StCirC>F CARLSBAD — AGEND^ILL
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AR# 6729-1
MTG. 9-15-81
DEPT. CA
TITLE: 14-Unit CT/CP; Southeast Corner/Pine
Avenue and Lincoln Street. CT 81-25/CP-16S
Applicant: Tiberio/Peacock
DPPT HD. "
CITY ATTY$Fg>
CITY MGR. ^^"
RECOMMENDED ACTION:
If the City Council wishes to approve Tentative Tract Map
(CT 81-25) and Condominium Permit (CP-169), your action is to
adopt Resolution No.
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ITEM EXPLANTION
The City Council, at your September 1, 1981 meeting, directed
the City Attorney to prepare the necessary documents approving
Tentative Tract Map (CT 81-25) and Condominium Permit (CP-169),
The approval resolution is attached.
EXHIBIT
Resolution No
RESOLUTION NO. 6669
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
TENTATIVE SUBDIVISION MAP (CT 81-25) FOR A 14
UNIT CONDOMINIUM PROJECT AND APPROVING
CONDOMINIUM PERMIT (CP-169) FOR SAID PROJECT ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF PINE AVENUE AND LINCOLN STREET.
APPLICANT; TIBERIO/PEACOCK
WHEREAS, on August 12, 1981 the Carlsbad Planning
Commission adopted Resolution No. 1849 recommending to the City
Council that Tentative Subdivision Map (CT 81-25) and
Condominium Permit (CP-169) 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
Tentative Subdivision Map (CT 81-25) and Condominium Permit
(CP-169); 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. 1849 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 81-25) and
Condominium Permit (CP-169) 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. 1849, 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 September , 198_1_ by the following vote,
to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk T^
(SEAL)
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G
EXHIBIT A TO CITY COUNCIL RESOLUTION NO. 6669
PLANNING COMMISSION RESOLUTION NO. 1849
A RESOLUTION OF THE PLANNING COMMISSION OP THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
14 UNIT CONDOMINIUM CONVERSION ON PROPERTY LOCATED
ON THE SOUTHEAST CORNER OF PINE AVENUE AND LINCOLN
STREET.
APPLICANT: TIBERIO-PEACOCK •
CASE-NO; - - - - CT'_ 81 -25/CP-1 69; ; ; — - -_• - - •.L^111L1L^_11^
WHEREAS, a verified application for certain property to,
wit:
The Westerly 155 feet of Tract: 218 of Thum Lands
according to Map 1681 filed December 9, 1915
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 12th day of
iAugust, 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..
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 81-25/CP-169, 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 23.7 du's/acre is within the density
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3)
4)
5)
range of 20-30 du's/acre specified for the site as indicated
on the Land Use Element of the General Plan.
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
proposed. .
The project is consistent with all city public facility
policies and ordinances since:
a) The Planning Commission has,, by inclusion of an
appropriate condition to this project, insured that the
final map will not be approved unless the City Council
finds that sewer service is avaiJ.able 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 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
project.
b) School facilities will be available to this project as
indicated by the Carlsbad Unified School District, per
letter dated June 22, 1981.
c) The payment of park-in- lieu fees is required as a
condition of approval. ' -
d) All necessary public improvements have been provided or
will be required as conditions of approval.
e) 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
future land uses since surrounding properties are designated
for residential development on the General Plan.
The proposed condominium project complies 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
provided.
PC RESO it 18 4 9 -2-
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6)
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.
This project will not cause any significant environmental
impacts, and a Notice of Prior Environmental Compliance has
been issued by the Planning Director on July 2r 1981 and
approved by the Planning Commission on August 12, 1981-
Condit ions^
1) Approval is granted for CT 81-25/CP-169, as shown on Exhibit.(s)
"A"-"Gn
r dated June 23, 1981r incorporated by reference and on
file in the Planning. DepartFaent. ^Development shall occur
substantially as shown unless otherwise noted, in these
conditions.
2) This project is approved upon the excess 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.
3) 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 June 22, 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. •
4) 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.
5) 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.
Planning .
6) 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.
7) The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said
CC&R's shall include a statement to the effect that the
recreation room shall not be converted into a dwelling
unit. These CC&R's shall be submitted to and approved by
the Planning Department prior to final map approval.
PC RESO #1849 -3-
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8) The applicant shall prepare a detailed landscape and
irrigation plan which shall be submitted to and app>roved by
the Planning Director prior to the issuance of revised
building permits.
9) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris*
10) 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,
11) All roof appurtenances, including air conditioners, shall
be architecturally integrated arid ^shielded from view and
the sound buffered from adjacent properties and streets to
the satisfaction of the Planning Department and Building
Director.
Eng ineer ing .
12) Applicant shall submit an engineered drainage planr
mitigating drainage problems on Pine Avenue to the
satisfaction of the City Engineer,
13) A.C., overlay on Pine Avenue and Lincoln Street shall extend
past existing centerline of roads if necessary to provide
adequate drainage and traffic control.
14) Lincoln Street and Pine Avenue shall be improved by the
developer along the subdivision frontage based on a
centerline to curb face width of 20 feet and in conformance
with city of Carlsbad standards prior to occupancy of any
buildings.
15) The developer shall install a wheelchair ramp fit the- public
street corner abutting the subdivision in conformance with
city of Carlsbad standards prior to occupancy of any
buildings.
Fire•Department
16)Proposed security gate systems shall be provided with
"Knox" key operated override switches, as specified by the
Fire Department. '
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on
the 12th day of August, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Rombotis, Farrow,
Schlehuber, Jose and Friestedt.
NOES: None.
ABSENT: Commissioner L'Heureux. .
ABSTAINsNone. ' .
ATTEST:
MARY MARa|SJ7~Chairman
fThnr CDnr\' r4r 7\M!aTvrr« r'riMMCARLSBAD'PLANNING COMMISSION
GARLSBAD PLMHiIN(J<€fOMMISS ION
PC RESO #1849 -5-