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HomeMy WebLinkAbout1982-01-19; City Council; 6858-1; CONDOMINIUM PERMIT TENTATIVE TRACT CARLSBAD BLVD AT TAMARACK, CT 81-44 CP 190 AMERICAN WEST DEVELOPMENTAB# 6858-1 MTG. 1 - 19-82 CARLSBAD BLVD. AT TAMARACK. CT 81-44/ TITLE: CONDOMINIUM PERMIT/TENTATIVE TRACT -- DEPTP CP-190 AMERICAN WEST DEVELOPMENT. DEP ClTl CITY T 7- - c3 w =- 0 tx a. a, Q .. 0' I 5 4 0 z 3 0 0 d CI~OF CARLSBAD - AGEN~BILL RECOMMENDED ACTION: If the City Council desires to approve Tentative Subdivisj Map CT 81-44 and Condominium Permit CP-190, your action i: adopt Resolution No. b74 =C . ITEM EXPLANATION: The City Council, at your meeting of January 5, 1982, dir the City Attorney to prepare the necessary documents appr Tentative Subdivision Map CT 81-44 and Condominium Permit 190. The resolution of approval is attached. EXHIBIT: Resolution No. 6 742 - + ~ -- * 1 2 3 4 5 6 7 a 9 10 11 12 % m 13 Q 6 2s i,. 0 zU,uz 14 OO’Z z> :E ggqu. 15 I;, 22 dv :$:+ 16 va-m 17 zc y Q< 0 c N >I- a 19 20 21 22 23 24 25 26 27 28 .I8 u 0 0 RESOLUTION NO. 6762 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING A PLANNING COMMISSION DECISION TO APPROVE WITH CONDITIONS TENTATIVE SUBDIVISION Mi (CT 81-44) AND CONDOMINIUM PERMIT (CP-190) FOR 1 19-UNIT CONDOMINIUM PROJECT ON PROPERTY GENERAL LOCATED ON THE EAST SIDE OF CARLSDAD BOULEVARD BETWEEN TAMARACK AVENUE AND SEQUOIA AVENUE. APPLICANT: AMERICAN WEST. WHEREAS, on December 9, 1981 the Carlsbad Plannir Commission adopted Resolution No. 1896 recommending to the Council that Tentative Subdivision Map (CT 81-44) and Condominium Permit (CP-190) be conditionally approved; an( WHEREAS, on December 11, 1981, an appeal of the Planning Commission decision was filed by Mr. William A. 11; and WHEREAS, on January 5, 1982 the City Council of of Carlsbad did hold a duly iioticed public hearing to cor the appeal and the recommendations and to hear all persor interested in or opposed to Tentative Subdivision Map (C’ and Condominium Permit (CP-190); and WHEREASp an Environmental Impact Report was cer as complete for a previously issued entitlement for this and the Planning Director has found the Tentative Subdiv flap and Condominium Permit to be in prior compliance wit City of Carlsbad Environmental Protection Ordinance of ‘ NOW, THEREFORE, BE IT RESOLVED by the City COUI I the City of Carlsbad, California as follows: A. That the above recitations are true and B. That the findings of the Planning Commis Resolution No. 1896 constitute the findings of the Citl \ 1 2 3 4 5 6 7 8 9 10 11 n 12 m 2 $! 13 Liz % OLgQ oo.’z 14 Z>6$ ‘+zk *LE$ 3.5 u - J” 52gd 16 “u:’’s 17 zp y s 18 E Q yu >+ u: d u 19 0 0 in this matter. C. That said Tentative Subdivision Map, togethi the provisions for its design and improvement and subject conditions of this resolution, is consistent with all appl general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 81-44) a Condominium Permit (CP-190) are hereby approved subject tc applicable requirements of the Carlsbad Municipal Code ani the satisfaction of the conditions contained in Planning Commission Resolution No. 1896, dated December 9, 1981, m; Exhibit A, attached hereto and made a part hereof. PASSED, APPROVED, AND ADOPTED at a regular meetil the City Council of the City of Carlsbad, California, on 19th day of January , 1982 - by the following to wit: AYES: NOES: Council Xder Lewis ABSENT: None Council Wers Packard, Casler, hear and Kuld p //x& I I 6-7z-d RONALD C. PACKARD, Mayor 20 21 ATTEST: 24 25 26 28 27 (SEAL) 2. I Yv-- --e 3, 2 3 4 5 b 6 7 8 9 10 11 12 13 34 15 16 17 18 19 20 21 . 22 23 . 24 25 26 27 28 * EXHIBIT A TO CITY COaIL RESOLUTION E .. '. PLANNING COMMISSION RESOLUTION NO. 1896 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 19 UNIT TENTATIVE TRACT [TAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED OM THE EAST SIDE OF CARLSBAD EOULEVARD BETVJEEN TAMARACK AVENUE AND SEQUOIA AVENUE. APPLICANT: AXERICAN WEST ~ CACu NO: CT 81-44/CP-190 I - WHEREAS , a verified application for certain property, 1 wit: Lots 1, 2, 3, 4, 5 and 20 in Block H of Palisades in tl of Carlsbad according to map thereof 1747 filed Februa 1923 has been filed with the city of Carlsbad, and referred to Planning Commission; and A WHEREAS, said verified application constitutes a reque provided by Title 21 of the Carlsbad Municipal Code; and WEREAS, the Planning Commission did, on the 9th day c December, 1981, hold a duly noticed public hearing as pres by law to consider said request; and WHEREAS, at said public hearing, upon hearing and con: all testimony and arguments, if any, of al'l persons desir: be heard, said Commission considered all factors relating Tentative Tract Flap and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning sion as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public he the Commission APPROVES of CT l31-44/CP-190, based on following findings and subject to the following condi I/// //// I/// E XH I B I 7 'I B ' 1. .# 2 3 4 5 6 6 7 8 9 10 I1 12 33 14 15 I6 17 18 19 20 21 22 23 2% 25 26 27 20 a* 9. .- 3- Findings: 1) The project is consistent with the city's General Plan the proposed density of 23.7 du's/acre is within the de range of 20-30 du's/acre specified for the site as indi on the Land Use Clement of the General Plan and can be fied for the reasons stated in the staff report. The site is physically suitable for the type and densil to accommodate residential development at the density posed The project is consistent with all city public faCi1i.t cies and ordinances since: a) The Planning Commission has, by inclusion of an as ate condition to this condorninium permit and tentz subdivision map, insured that the final map will r approved unless the City Council finds that sewer is available to serve the project. In addition, 1 Planning Commission has added a condition that a I shall be placed on the final. map that building pel may not be issued for the condominium project unl. City Engineer determines that sewer service is av and building cannot occiir within the project unle service remains available, the Planning Commissio satisfied that the requirements of the public fac ciement of the General Pidn have been met inscf;;: apply to sewer service for this tentative' map anc minium permit approval. School facilities will be available to this projc indicated by the Carlsbad Unified School Distric? letter dated December 3, 1981. Park-in-lieu fees are required as a condition of Val. All necessary public improvements have been prov will be required as conditions of approval. The applicant has agreed and is required by the of an appropriate condition to pay a public faci fee. PerTormance of that contract and payment c will enable this body to find that public facil: be available concurrent with need as required b: The proposed project will be compatible with future in the area since all of the surr(:,unding properties dcsignatcd for high density residential development This project has already been consjidcrcd in con-junc a prcviously certified cnvironmcntnl docunicnt and s c 2) the devctopment since the site is adequate in Size and 3) b) c) a) e) General Plan. 4) 5) A I .a,' I. 3 2 3 4 5 6 7 8 9 10 . 21 12 13 b Ill 35 X6 17 -28 19 20 21 . 22 23 . 24 25 . 26 27 28 e .. Of Prior Environmental Compliance was issued November 1 1981, which was approved by the Planning Commission on December 9, 1981. Conditions of Approval General Conditions: . 1) Approval is granted for CT 81-44/CP-190, ks shown on E> bit(s) "Ar' - "K", dated October 213~ 1981, incorporated reference and on file in the Planning Department. Dew ment shall occur substantially as shown unless otherwi, noted in these conditions. * 2) This project is approved upon the express condition th final map shall not be approved unless the City Counci as of the time of such approval that sewer service is able to serve the subdivision. 3) This project is approved upon the express condition th building permits will not be issued for development of subject property unless the City Engineer determines t sewer facilities are available at the time of applicat such sewer permits and will continue to be available L time of occupancy. This note shall be placed on the f map. This project is approved upon the expresg condition tl apFlicant shall pay a public facilities fee as requir4 City Council Policy No. 17, dated August 29, .1973, 01 with the City Clerk and incorporated herein by refere according to the agreement executed by the applicant ment of said fee a copy of that agreement dated Decem 1981, is on file with the City Clerk and incorporated by reference. If said fee is not paid as promised, t plication will not be consistent with 'the General Pla approval €or this project shall be void. 5) The applicant shall pay park-in-lieu fees to the cit: to the approval of the final map as required by Chap1 of the Carlsbad Iqlunicipal Code. Approval of this request shall not excuse compliance sections of the Zoning Ordinance and all other appli city ordinances in effect at time of building permit ance. 4) 6) 7) The applicant shall prepare a reproducible mylar of site plan incorporating the conditions contained her Said site plan shall be submitted to and approved by Planning Director prior to the issuance of building 8) The applicant shall establ ish a homcowncr's assocj.;\t corresponding covenants, conditions and restriction: CC&R' s shall lie subinittcd to and approved by the l'li Department prior to final map approval. - *-, , *. b x 2 3 4 5 * 6 7 8 9 10 23. 22 13 14 15 . 16 3.7 18 19 2 0 x. 23 22 23 24 25 2 G 27 I 28 3 -_- _. e. 9 9) The applicant shail prepare a detailed landscape and irr tion plan which shall be submitted to and approved by tf Planning Director prior to the issuance of building pern A11 landscaped areas shall be maintained in a healthy , thriving condition, free from weeds, trash, and debris Any signs proposed for this deveIopincnt shall be desig conforlnaqce with the city's Sign,'Ordinance and shall r stallation of such signs. Trash receptacle areas shall be enclosed by a 6 foot 1 masonry wall with gates pursuant to city standards. T tion of said receptacles shall be approved by the Pla- Director. 13) All roof appurtenances, including air conditioners , E architecturally integrated and shielded from view an? sound buffered from adjacent properties and streets t satisfaction of the Planning Department and Building tor. The open parking area shall be rdesigwd to provide backup space for cars located at the end of the stal 10) 11) review .;nd approval of the Planning Department prior t 12) 14) Engineering Department: 15) The developer shall obtain a grading permit prior tr commencement of any clearing or grading of the site, 16) The grading for this project is defined as "regular by Section 11.06.170(a) of the Carlsbad Municipal C developer shall submit a grading plan for approval shall include all required drainage structures and quired erosion control measures. The developer shz submit soils, geologic or compaction reports if rec shall comply with all provisions of Chapter 11.06 c Carlsbad Municipal Code. Prior to issuance of a grading permit, the haul ro be submitted for review and shal'l he approved by 1: Engineer. A separate grading plan shall be submit approved and a separate grading permit issued for or disposal site if located within the city limits 18) Addjtjonal drainage easements and drainage structr be provided or installed as may be required by thc Dcpartiiicnt of Sanitation and Flood Control or the ncer. 19) Land for al.l public strccts and easements shown o tativc map shall be dcdjcnted on the Kina1 map an grantcd to city free and clear of all liens and e anccs. 17) ,'I' *I,, , , 1 .* J. i? 3 4 5 e 7 8 9 10 b 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 z5 2G 27 20 \ a. 9. 20) Direct access rights for all lots abutting Carlsbad Bc vard shall be waived on the final map. ~il public skreets shall be improved by the developer on the typical sections shown on the tentative map anc conformance with City of CarJsbad Standards prior to t pancy of any buildings unless otherwise modified pursi 21) to Condition No. 23. 22) The deLftloper shall install a wheelchair ramp at the street corner abutting the subdivision in conformance City of Carlsbad Standards prior to occupancy of any ings. 23) The improvements to Carlsbad Boulevard and Tamarack A required by these conditions and as shown on the tent map may be revised or delayed by the posting of an ay priate bond if found necessary and is approved by thc Engineer. These revisions may include increasing thc to curb width to 68' and constructing a 4' wide raise median island on Tanarack Avenue. 24) The developer shall comply with all the rules, regul and design requirements of the respective sewer and 7 agencies regarding services to the project. No slopes shall be steeper than a ratio of two horiz one vertical. 25) Fire Department: 26) h local fire alarm system shall be installed in the ings. All proposed security gate systeins shall be provide( "knox" key operated override switch, as specified bi Fire Department. 28) All fire alarm systeins, fire hydrants, extinguishin terns, automatic sprinklers, and other systems perti the project shall be submitted to the Fire Departme approval prior to construction; 27) Parks and Recreation: 29) All landscape material shall be rated "1st sea coas sure'' 30) A minimum of twelve (12) specimen trees of the samc shall be planted prior to occup;lncy of any units a1 tions 'approved by the Parks and Recreation Dirccto. taining walls sliown on Exhihit and Recreakion Dimckor. 31) A third retaining wall shall he added between the "A" if rcquircd by The arcas between t;hc ~a ' .* ;,li 3'. . 4, 1 2 3 4 c 5 6 v 8 9 3.0' 13, 12 13 14 15 16 x7 - 18 a9 20 21 22 23 24 25 . 26 27 213 * 0 be level and landscaped to the satisfaction of the Di of Parks and Recreation. PASSED, APPROVED AND ADOPTED at a regular meeting of t Planning Commission of the City of - Carlsbad, California, h the 9th day of December, 1981, by the folloi5ring vote, to \\ AYES: NOES: Commissioners Rombotis and L'Heureux. ABSENT: None. ABSTAIN: None. 'Chairman I.larcus, Commissioners Farrow, Schlchl Jose and Friestedt. MARY I~IIRCUS, Chairman CARLSBAD PLANNING COMMI ATTEST: Y. JAMES C. BAGAHAN, Sec-retary CARLSBAD PLANNING COFIXI SS ION 1 , 4b 1) TI (7 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 . aitp OQ awrkgbab - January 25, 1982 American West Development Company 309 18th Street Santa Monica, CA 90402 Enclosed for your records, please find a copy of the following Resolution 6762 _I_-_--- , adopted by the Carlsbad City Council on January 19, 1982 Sincerely, L LEE City Clerk LR : adm Enclosures ( 1 )