HomeMy WebLinkAbout1981-09-15; City Council; 6730-1; 17 Unit Tentative Map & Condominium Permiti -
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CITwOF CARLSBAD — AGENDA^ILL
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TITLE: 17 Unit CT/CP; West side of Tyler St
between Chestnut Ave. and Walnut Ave.
CT 81-27/CP-171 Applicant: Sweatte
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RECOMMENDED ACTION:
If the City Council wishes to approve Tentative Tract Map
(CT 81-27) and Condominium Permit (CP-171), your action is to
adopt Resolution No. 6 £ £ *7
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 81-27) and Condominium Permit (CP-171),
The resolution of approval is attached.
EXHIBIT
Resolution No
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
TENTATIVE SUBDIVISION MAP ( CT 81-27) FOR A 17
UNIT CONDOMINIUM PROJECT AND APPROVING
CONDOMINIUM PERMIT ( CP- 1 7 1 ) FOR SAID PROJECT ON
PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF
TYLER STREET BETWEEN CHESTNUT AVENUE AND WALNUT
AVENUE IN THE RD-M ZONE. APPLICANT: SWEATTE
WHEREAS, on August 12, 1981 the Carlsbad Planning
Commission adopted Resolution No. 1844 recommending to the City
Council that Tentative Subdivision Map (CT 81-27) and
Condominium Permit (CP-171) 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 81-27) and Condominium Permit
(CP-171); 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. 1844 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 81-27) and
Condominium Permit (CP-171) 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. 1844, 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 Septenfoer , 198^ by the following vote,
to wit:
AYES: Council Menbers Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
2.
GSim/-EXHIBIT A TO CITY COUNCIL RESOLUTION NO. 6667
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PLANNING COMMISSION RESOLUTION NO. 1844
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA.,- RECOMMENDING APPROVAL OF A
TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO
DEVELOP 17 UNITS ON PROPERTY GENERALLY LOCATED ON THE
WEST SIDE OF TYLER STREET BETWEEN CHESTNUT AVENUE AND
WALNUT AVENUE IN THE RD-M ZONE.
APPLICANT: SWEATTE
CASE; NO ;j_^ • • CT - 8 1 -27/CP-1 7 1j ^jj ; _:JJ_V. .;._' J^J ,_'^., J ,'„;„ ,'JJ ,l_.n
WHEREAS, a verified application, for certain property
to, wit: ••'.,-, « . ' •
Lot 10 of industrial tract in Carlsbad, according to
Map 1743 filed January 3f 1923
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 72th day
of August, 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
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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 81-27/CP-171 , based
on the following findings and subject to the following
conditions:
APN: 204-070-14
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Planning
Findings
1) The i
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2) The
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3) The
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b)
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4) The
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The project is consistent with the city's General Plan since
the proposed density of 16.8 du's/acre is within the density
range of 10-20 du's/acre specified fox- 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-
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™
The project is consistent with all city public facility pol-
s and ordinances since*
The Planning Commission hasr by inclusion of an appro-
priate condition to this project, 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 project unless
the City Engineer determines that sewer service is
available f and building cannot occur within the project
unless sewer service remains available, the Planning
Commission is satisfied that
public facilities element of
met insofar as they apply to
ject.
the requirements of the
the General Plan have been
sewer service for this pro
The Carlsbad Unified School District will ensure
adequacy of school facilities per letter dated June 15r
1981.
The payment of park-in— lieu fees is required as a
condition of approval.
All necessary public improvements have been provided or
will be required as conditions of approva3. »
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.
This project as conditioned will not cause any significant
environmental impacts and a Negative Declaration has been
issued by the Planning Director on July 27, 1901 and
approved by the Planning Commission on August 12, 1981. ^
General Cond it ions;
1) Approval is granted for CT 81-27/CP-171, as shown on
Exhibit(s) "A"-"M", dated June 23, 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*
3) This project is approved upon the express condition that
building permits will not be issued for development, of the
8 subject property unless the City Engineer determines that
sewer facilities are available at the time of application for
9 such sewer permits and will continue to be available until,
time of occupancy,
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4) This project is approved upon the express condition that the
11 applicant shall pay a public fcxcilities fee as required by
City Council Policy No. 17, dated August 2S, 1979, on file
with the City Clerk and incorporated herein by reference-, cind
according to the agreement executed by the applicant for
13 payment of said fee a copy of that agreement dated June 18,
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
15 .approval for this project shall be void,
16 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.
18 6) Approval of this request shall not excuse compliance with
sections of the Zoning Ordinance and all other applicable
city ordinances in effect at time of building permit
issuance.
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Planning
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7) The applicant shall prepare a reproducible mylar of the final
22 site plan incorporating the conditions contained herein.
Said site plan shall be submitted to and approved by the
23 Planning Director prior to the issuance of building permits.
24 8) The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said
25 CC&R's shall be submitted to and approved by the Planning
Department prior to final map approval
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9) The applicant shall prepare a detailed landscape and
27 irrigation plan which shall be submitted to and approved by
the Planning Director prior to the issuance of building
28 permits.
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10) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
11) 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.
12) Trash receptacle areas shall be enclosed by a 6 foot high
masonry wall with gates pursuant to city standards. Ix) cat: ion
of said receptacles shall be approved by the Planning
Director.
13) All roof appurtenances r 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 i n ee r ing
Grading
14) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
15) 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 soils f geologic or compaction reports if required and
shall comply with all provisions of Chapter 11.06 of the
Carlsbad Municipal Code.
P ub 1 i c c_ Impr o v em e n t s
16) The developer shall enter into lien contract for the future
improvement of a half street width of Tyler Street along the
subdivision frontage prior to aproval of the final map.
17) The owners of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of the final map.
*" * **^
18) The security gates, as shown on Exhibit "A", shall" be
relocated a minimum of 15' south from the front property
line.
Fire- Department
19) Additional on-site fire hydrant shall be required.
PC RESO 81844 -4-
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20) An all weather access road shall be maintained throughout
construction.
21) Water for fire protection shall be installed before
combustibles are placed on building site, subject to the
approval of the Fire Marshall.
22) Proposed security gate systems shall be provided with r'knox™
key operated override switch, as specified by the Fire
Department.
23) All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "No Parking/Fire
Lane/Toii? Away Zone" pursuant to Section 17.04.040, Carlsbad
Municipal Code. ^, «
24) Fire retardant roofs are required on all structures.
25) All fire alarm systems, fire hydrants, extinguishing
systems, automatic sprinklers, and other sytems pertinent to
the project shall be submitted to the Fire Department: for
approval prior to construction.
26) Building exceeding 10,000 sq.ft. aggregate floor area shall
be sprinklered or four-hour fire walls with no openings
therein shall split the building into 10,000 sq.ft. (or
less) areas.
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 wits
AYES:
NOES:
ABSENT: Commissioner L'Heureux.
ABSTAIN: None.
Chairman Marcus, Commissioners Rornbotis, Farrow,
Schlehuber, Jose and Friestedt.
None.
ATTEST:
'MARY MARQ'OS, Chairman
CARLSBATy PLANNING .COMMISSION
J/YMES C. HAGAMAk, li-ecretar'y '"'
^CARLSBAD PLANNIN^COMMISSION
PC RESO ft1844