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HomeMy WebLinkAbout1980-08-05; City Council; Resolution 6253t 1 2 3 4 5 6 7 e 9 1c 11 12 n 6 15 2c 21 22 2: 24 2E 2E 27 2E RESOLUTION NO. 6253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-17) FOR A 16-UNIT CONDOMINIUM PROJECT AND APPROVING PROPERTY GqNERALLY LOCATED ON THE SOUTHSIDE OF UNICORNLO STREET AT CACATUA STREET. APPLICANT: SALEEN. CONDOMINIUI~ PERMIT (CP-83) FOR SAID PROJECT ON WHEREAS, on June 25, 1980, the Carlsbad Planning Commission adopted Reselution No. 1658 recommending to the City Council that Tentative Subdivision Map (CT 80-17) and Condominium Permit (CP-83) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on July 15, 1980, held a public hearing to consider the recommenda- tions of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-17) and Condominium Permit (CP-83) ; 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 1972; 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. 1658 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 conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 80-17) and Condominiun Permit No. (CP-83) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfactior of the conditions contained in Planning Commission Resolution No. 1658, dated June 11, 1980, 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 5th day of August , 1980 by the following vote, to wit: AYES : Counci 1 Members Packard, Cas1 er, Anear and Kul chin NOES: None ABSENT : Counci 1 Member Lewis SNALD C. PACKARD, Mayor 1 ATTEST : 7. , (SEAL) 2. 1 2 3 4 5 6 7 8 9 ax 12 23 14 35 16 27 18 19 20 23. 22 23 24 25 26 27 28 EXHIBI@A TO RESOLUTION NO. 6253 I PLANNING COMNISSION RESOLUTION NO. 1658 A RESO1,UTION OF THE PLANNING COMMISSION OF THE CfTY OF CARLSBAD, CAL'IFORNIA, FZCOPU4ENDING CONDOMINIUM PERMIT TO DEVELOP 96 UNIT'S ON PROPERTY GENEPAILLY LOCATED ON THE SOUTIISIDE OF UNICOXNIO STREET AT CACATUA STREET, APPLICANT : SALEEI? CASE NO: CT 80-17/CP-83 APPROVAL OF; A TENTATIVE SUBDIVISION !*L?IP AND WHEREAS a verif ikd application for cewtaj-n property to wit: Lot 423 and 424 of La Costa Meadows Unit No. 3, in the County of San Diego, according to map khereof No, 7076, filed in the Office of the County Recorder of San Diego County, October 6, 1971 has beerr filed with the City of Carlsbad, and referred to the Plannincj Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad. Municipal Code; and WfIEREAS, the Planning Commission did, on the 25th day of June, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEIIEAS, 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 tfic Tcrzative Tract !Izp and Condominium Permif. NOW, THEREFORZ, 3E IT HEREBY RESOLVED by the Planning Co~--iss.ion as €01 10~s: A) That the akmve recitations are true and correct, B) That based on the evidence presented at the public hearing, the Conunission recommcnds APPROVAL of C!L' OO-l7/CP-83 bascd on the following findings and subject. to thc foll.owing condition s : . -I_-__ 1) That the project is consistent with the city's current General Plan because it is t\rj.thin the density range cstablishcrl for I this site. Also, as conditioned, the project is consistent with a11 other elevents of the General Plan, The site is physically suitable for the type and density of development since the site is adequate in size and topography to accommodate residential development at the proposed density and still meet all of the city's condominiurn and subdivision regulations withoup creating any significant environmental impacts. The project: is consistent with all city public facility policies and ordinances since: a) l The Leucadia County Water Di-strict has allocated . sufficient sewer connections for the project. b) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee, PerEornancc 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. School fees to mitigate conditions o€ overcrowding are required at the time of building perl;\its pursuant to Chapter 21-55 of the Carlsbad P1unicipa.L Code. The Planning Commission has, by inclusion of an approp- riate condi-tion to this condominium pe r-mit and tentative subdivision map, insured that the fin(3t map will not be approved unless the City Council. finds that sewer service is available; to serve the project, Planning Commission has added a condition that a note be placed on the final map that building permits may not be issued for the condominium project unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available, and building cannot occur within the project unlciss sewer service rezai.ns 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 condominium permit and tectative map approval. e) d) In addition, the T'fic design of the project and al.1 required improvements will not cause any significant environmental impacts since, based on an initial study and field investiqation of the site, the Planning Director has issued a negative declaration on 8Iay 29, Tho proposed condomin'ium project meets the criteria of Chapter 21.47 (Condominiums) since: a) 1300, mcj NO. 704. The condominiums meet the design criteria of Chapter 21.47 -110 since the overall plan is comprchcnsivc, RES0 #1658 -2- 3 2 3 ,4 5 6 7 8 9 10 I1 12 13 14 15 JE 3.7 1E E9 2C 21 22 2: 24 25 26 27 2 I? 0 embracing land, building, landscaping and their relation- ships, the driveway is not a dominant feature, and sufficient circulation and on-site amenities are provided b) Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate utilities and requirements of Section 21.47.3.30 have been met or will be conditions of approval. 6) The design of the subdivision and type of improvements will no conflict with easements fox public use of public access through the subject property, Conditions - Approval is granted for CT 80-17/CP-83, 3s sl10wn on Exhibit "A" , dated 6/6/80; Exhibit "B" and "F", dated 6/3/80, and IXxhibits "C" , "D" , and "E", dated 6/19/80, incorporated by rc€ercnce and on file in the Planning Depar tment e Development shall. occur substantially as shown unless otherwise noted in these conditions, This project is approved upon the express condition tha.t the final map shall not be approved unl.css the City @ol;ncil finds as oE the time of suc1.i Gpproval that sewer service is hvailablc to serve the subdivision e This project is approved upon the express condition that building permits will not be issued for devel- opments of the subject property unless the City Engineer determines that sewer facilities are avail'ible at the time of application for such sewer permits and will continue to be available until time of occupancy. 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 ref ercnce , and according to ' the agreement executed by the applicant for payment of said fee a capy of that agreement dated February 25, 1980, is on file with the City Clerk and is incorporated herein by reference. If said fee is not paid a:; promised, this application will not be consistent with the General Plan and approval. for this project shall be void. The subdivider shall install a retaining wall, of a inaterial compatible with that used for the condominium building construction, at thc property line along Alga Road approx- imatcly 3x2' hi-gh, and shall grade the parkway to eliminate the slope from within" the right-of-way prior to the final- occupancy of any units. Tile applicant shall prepare a detailed landscape and irrigation pl-ari which s1ial.l be subniittcd to and approved by thc Planning Ucpartrncnt prior to fhal map appi:cwal . ... 21 22 7 23 24 25 26 27 8 9 3.0 2.1 12 13 3.4 15 16 17 18 19 20 I 7) The applicant sliali establish a homeowner * s association and corresponding covenants, conditions and restrictions, Said CC&RfS shall be submitted to and approved by the Planning Department prior to final nap approval. 8) 111 order to proviqe €or fire prokection during the con- struction period, $he applicant shall maintain passable vehicular access bo all buildings. In addition, adequate fire hydrants with required fire flows shall be installed on and off site as required by the Fire Department, 9) Street trees of a variety approved by the Parks and I Recreation Director shall be installed to ci. ti7 specificat ions at 40 foot intervals along Unicornio Street.. 10) "fie applicant shall pay park-in-lieu fees t.0 the city, prior to the approval of the final map as pcr: Chapter 20.44 of the city's subdivision regulations. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application, These fees shall be based on the fee schedule in effect at the time of building permit application. 11) 12) A11 landscaped areas shall be maintained in a healthy and thriving conditi-on, free from weedsp trash, and debris, The applicant shall prepare a reproducible mylar of the final condominium site plan incorporating the conditions contained herein. Said site plan shall be submitted to arid approved by the Planning Department prior to the issuance of building permits. 14) 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. ':'he developer shall receive the approvzl of the City lhgineer for a site grading plan and obtain a grading permit prior to issuance of building permits, Gradimg shall occur in accordance wit11 an approved grading and erosion control plan, city standards, and an approved soils and geologic invcstigztLion report which shall include slope stability calculations and construction specifications, All esposcd sl.opcs shall be hydromulched or otherwise stabi1-i zed prior to the issuance of building 'permits subject to the approval of the City Engineer. '. 15) 16) PC RES0 #I658 I/ -4- 1 2 3 4 5 6 7 e 9 JC 11 12 3.2 24 15 le 37 J€ 1G 2c 2l 22 2: 24 25 2c 23 2E 0 17) Drainage improvements shall be constructed in accordance with an approved plan, and the work shall be coordinated with the overall plan for grading to the satisfaction of the City Engineer, The applicant shall provide stamped concrete or "bominite" linking the open recreation areas. be incorporated orf the final condominium site plan, The applicant shall enter into a future agreement for the construction of a 5 foot sidewalk along the subdivision frontage on Alga Road prior to the approval of the final. map. 18) This revision shall 19) PASSED, APPROVED AND ADOPTED at a reguiax niceking of the Planning Commission of the City of Carlsbad I CAI-ifornia I held on the 25th day of June, 1980, by the following voke, to wit: AYES: Ivlarcus I Rombotis , La.rson, Leeds I ,Jor;e, Friestedt NOES: None ATTEST : U '. ,/ / -5-