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HomeMy WebLinkAbout1983-10-18; City Council; 7520-1; TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT|DEVELOPMENT SERVICES CT 83-15/CP 241Cl*OF AB#- 7520-1 TITLE: MTG. DEPT. RECOMMENDED ACTION: 10/18 / 8 3 CA If the City Council CT 83-15 and Condomirium ac ion is to approve ITEM EXPLANATION I I CARLSBAD - AGENL e BILL DEP’ CITY TENTATIVE TRACT MAP AND CONDOMINIUM FERMIT: DEVELOPMENT SERVICES CT 83-15/CP-241 CITY wishes to approve the Tentative Tract Map Permit CP-241, then your recommended Resolution No. 737f‘ . I D > 0 E a. a. 4. W .. 2 0 i= 0 a $ 2 3 0 0 EXVIBIT Resolution NO. 73 8’ * f am i% I?& 029 5>>lT g!$ BLL3, OWN LijbU i 'fJ &L- $Z'$ zo =.$ >5 60 m 0 RESOLUTION NO. 7378 1 2 3 4 5 6 7 WHEREAS, on September 14, 1983, the Carlsbad Plann 8 Commission adopted Resolution No. 2175 recommending to the g Council that Tentative Tract Map (CT 83-15) and Condominium A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 7 LOT/124 UNIT TENTATIVE TRACT MAP (CT 83-15) AND CONDOMINIUM PERMIT (CP-241) ON AN 12.9 ACRE PARCEL ON PROPERTY GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF HOSP WAY, WEST OF EL CAMINO REAL, APPLICANT: DEVELOPMENT CONSULTANTS CASE NO: CT 83-15/CP-241 10 Permit (CP-241) be approved: and I1 WHEREAS, the City Council of the City of Carlsbad, 12 October 11, 1983, held a public hearing to consider the ? 13 recommendations and heard all persons interested in or oppc 8 14 to Tentative Tract Map (CT 83-15) and Condominium Permit WZ 15 (CP-241); and E mQ WHEREAS, said Tentative Tract Map and Condominium 16 tl: 17 Permit have been declared to have a nonsignificant impact c 18 environment and a Negative Declaration was prepared and fil 19 August 1, 1983 in compliance with the requirements of the ( 20 of Carlsbad Environmental Protection Ordinance of 1980 and 21 California Environmental Quality Act; 22 NOW, THEREFORE, BE IT RESOLVED by the City Counci 23 the City of Carlsbad, California as follows: 24 A. That the above recitations are true and correi i 25 B. That the findings of the Planning Commission 26 27 in this matter. Resolution No. 2175 constitute the findings of the City Co 28 /// /// s $ 0 S 9& %% 00 w ot2; z 55'0 O>>U LL ?3 zo >$ +>ua ?:E: +9 60 m 0 1 2 3 4 5 6 C. That said Tentative Tract Map, together with tf provisions for its design and improvement and subject to thc conditions of this resolution, is consistent with all appli( general and specific plans of the City of Carlsbad. D. That Tentative Tract Map CT 83-15 and Condomin Permit CP-241 are hereby approved subject to all applicable 7 8 9 10 11 12 requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commis Resolution No. 2175, dated September 14, 1983 marked Exhibi attached hereto and made a part hereof. PASSED, APPROVED, AND ADOPTED at a regular meeting the City Council of the City of Carlsbad, California on the 18th day of October , 1983 by the following v 8 13 14 15 16 2 I? 17 18 8 a wz to wit: AYES: Council Menkrs Casler, Lewis, Kulchin, Chick and NOES: None ABSENT: Nore 19 I c# L/f-,,/,- ,-j &- ,/ 4- L cc+ fl .-2-,1- MARY H. CYSLER, Mayor 2o I 21 22 23 24 ATTEST: 25 1 26 27 ALETHA L. MUTENKRANZ (SEAL) 28 2. \ 1 2 3 4 5 6 7 8 9 10 13, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LC\\ I \u 1 Resolution f e 0 PLANNING COMMISSION RESOLUTION NO, 2175 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI' CARLSBAD, CALIFORNIA, RECGMMENDING APPROVAL FOR A 7 LOT/124 UNIT TENTATIVE TRACT MAP AND CONDOMINIUI ON PROPERTY GENERALLY LOCATED ON THE NORTH AND SO1 SIDES OF HOSP WAY, WEST OF EL CAMINO REAL. APPLICANT: DEVELOPMENT CONSULTANTS CASE NO.: CT 83-15/CP-241 WHEREAS, a verified application for certain prope wit: Lots 7, 8, 9, and 10 of Carlsbad Tract No. 79-27 according to Map No. 10161 filed July 30, 1981 has been filed with the City of Carlsbad, and referred to Planning Commission; and WBEREAS, said verified application constitutes a as provided by Title 21-of the Carlsbad Municipal Code; an WHEREAS, the Planning Commission did, on the 14th September, 1983, hold a duly noticed public hearing as presecribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all pe desiring to be heard, said Commission considered all factc relating to the Tentative Tract Map and Condominium Permit NOWI THEREFORE, BE IT HEREBY RESOLVED by the Plan Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hea Commission recommends APPROVAL of CT 83-15/CP-241, bas the following findings and subject to the following conditions: //// //// //// 4 1 2 3 4 5 6 7 8 9 10 11 12 13 34 3.5 .. w Findings: 1) The project is consistent with the City's general pla1 the proposed density of 9.6 du's/acre is just slight11 the density range of 10-20 du's/acre specified for thf indicated on the land use eleinent of the general plan 2) The site is physically suitable for the type and dens the development since the site is adequate in size an( to accommodate residential development at the density posed. icies and ordinances since: a) The Planning Commission has, by inclusion of an 3) The project is consistent with all City public facili appropriate condition to this project, insured th final map will not be approved unless the City Co finds that sewer service is available to serve th project. In addition, the Planning Commission ha condition that a note shall be placed on the fina that building permits may not be issued for the p unless the City Engineer determines that sewer se available, and building cannot occur within the p unless sewer service remains available, and the P Commission is satisfied that the requirements of public facilities element of the general plan hav met insofar as they apply to sewer service for th project . b) The Carlsbad School District has written a letter 17 l6 I July 7, 1983, stating that school facilities will available to this project. c) Park-in-lieu fees are required as a condition of 19 20 21 22 23 24 25 4 26 27 28 proval, however, credit may be given for any prev payment of park fees or dedication of land. d) All necessary public improvements have been provi will be required as conditions of approval. e) The applicant has agreed and is required by the i of an appropriate condition to pay a public -facil fee. Performance of that contract and payment of will enable this body to find that public facilit be available concurrent with need as required by general plan. f) Assurances have been given that adequate sewer fo project will be provided by the City of Carlsbad. 4) The proposed project is consistent with the City's P1 Development Ordinance and also complies with the Desi Guidelines Manual. PC RES0 NO. 2175 2. i l. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 e e 5) The proposed project is compatible with the surroundi land uses since surrounding properties are designated residential development on the general plan. This project will not cause any significant environme impacts and a Negative Declaration has been issued by the Land Use Planning Manager on August 1, 1983 an approved by the Planning Commission on September 14, 6) Conditions 1) Approval is granted for CT 83-15/CP-241, as shown on , dated August 31, 1983, incorporated by flA11 - llp,11 reference and on file in the Land Use Planning Office Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project has already been allocated sewer capacit legal settlement 9052 filed August 28, 1979. Buildir for any additional units over and above the settlemer not be issued unless the City Engineeer determines tk facilities are available at the time of application ; sewer permits and will continue to be available unti: of occupancy . 3) This project is approved upon the express condition 1 subject property unless the City Engineer determines sewer facilities are available at the time of applici such sewer permits and will continue to be available time of occupancy. This note shall be placed on the map. applicant shall pay a public facilities fee as requi. building permits will not be issued for development ( 4) This project is approved upon the express condition 19 I-8 20 21 22 23 24 25 26 27 28 City Council Policy No. 17, dated April 2, 1982, on the City Clerk and incorporated herein by reference, according to the agreement executed by the applicant payment of said fee, a copy of that agreement, dated 1983, is on file with the City Clerk and incorporate by reference. If said fee is not paid as promised, application will not be consistent with the General approval for this project shall be void. I 5) Land for park purposes shall be dedicated and/or par fees shall be paid to the City prior to the approval final map, as per Chapter 20.44 of the City's Subdiv regulations. The applicant shall be credited for an previous payment of park fees or dedication of land. 6) Barbeque facilities along with picnic tables and ben shall be provided in the westerlymost common recreat to the satisfaction of the Land Use Planning Manager occupancy of any units in Phase 2. PC RES0 NO. 2175 3. . 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 28 e 0 7) Prior to final map approval the applicant shall submi parking plan showing that all resident parking spaces within 150 feet of the unit they are assigned to, 8) Prior to occupancy of any units, the applicant shall construct a directory sign at each entry to the north portion of the royect indicating the location of each The design of this sign shall be approved by the Land Planning Manager and the Fire Chief. 9) No building shall exceed a height of 35 feet as deter the City of Carlsbad Zoning Ordinance. Engineering Department 10) The developer shall comply with all the rules, regula design requirements of the respective sewer and water regarding services to the project. ~ll private streets and drainage systems shall be mai sibility shall be clearly stated in the CCbR's. 12) All concrete terrace drains shall be maintained by tht homeowner's association (if on commonly owned propert! individual property owner (if on an individually ownec An appropriately worded statement clearly identifying responsibility shall be placed in the CCStR's. 13) All private driveways shall be kept clear of parked v( at all, times, and shall have posted "NO Parking/Fire 1 Away Zone" pursuant to Section 17.04 . 040, Carlsbad Mu. Code. 11) by the homeowner's association in perpetuity. This r 14) Approval of this tentative tract map shall expire twer months from the date of City Council approval unless i map is recorded. An extension may be requested by the applicant. Said extension shal.1 be approved or deniec discretion of the City Council. In approving an exter the City Council may impose new conditions and may re1 ex is t ing conditions. 15) Any remaining public improvements on Hosp Way arid Marl adjacent to the subdivision frontage shall be installc conform to the City of Carlsbad standards prior to recordation of the final map.. 16) Prior to final map approval, the applicant shall guara the satisfaction of the City Engineers that the slopes subject property along Marron Road shall be privately maintained as open space. 17) No individual lots may be sold separately and all lots remain in common ownership in perpetuity. A conditior the approval of the City Engineer prior to the final n requiring this shall be placed in the CChR's and subjf approval. PC RES0 NO. 2175 4. \ 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 " 27 28 I 0 0 Fire Department 18) Additional public and/or on site fire hydrants shall quired if deemed necessary by the Fire Marshall. 19) The applicant shall subxit two (2) copies of a site p showing locations of existing and proposed fire hydra on site roads and drives subject to the approval of t Marshall. 20) All required fire hydrants, water mains and appurtena shall be operational prior to combustible building ma being located on the project site. 21) Brush clearance shall be maintained within a minimum 22) All fire alarm systems, fire hydrants, extinguishing automatic sprinklers, and other systems pertinent to project shall be submitted to the Fire Department for prior to construction. 23) Building exceeding 10,000 sq.ft. aggregate floor area sprinklered or have four-hour fire walls with no open therein which shall split the building into 10,000 sy less) areas. of 30 feet to each residence. PASSED, APPROVED AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, h the 14th day of September, 1983, by the following vote, to AYES : Chairman Schlehuber, Commissioners Marcus Lyttleton, Farrow, Friestedt and Rawlins. NOES : None. ABSENT: None. ABSTA1N:Commissioner Rombotis. CLARENCE SCBLEHUBER, Cha CARLSBAD PLAIJNING COMMIS ATTEST: 1 m&l-&u!~ MICHAEL LAND USE J. PLANNING ZI~II@ER MANAGER PC RES0 NO. 2175 5. Ily .- t.' . .. , -. ~ .- .. -. .. .. .. Chp-9 -I* ..-----LC * 'I- (-T-(& nc *. -.-. .-I--.-U*UIIWM.I-d -2i E \ 7 l7 lj ~ {:) p F;i$ F: lt!'r <: (") PJ :q [ J 1 aT j!?\ kllr Fg 0 a '. 1206 ELM AVENUE TEL CARLSBAD, CALIFORNIA 92008 (714 Cltp of CarI$bab October 21, 1983 Development Consultants Attn: Joe Sandy P.O. Box 2143 Carlsbad, CA 92008 Enclosed for your records, please find a copy of the following Resolution No. 7378 .------ , adopted by the Carlsbad City Council on October 18, 1983 Sincerely, A<- LEE RAUTENKRANZ, City Clerk LR : adm Enclosures (1 )