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Home My WebLink About1980-10-28; City Council; Resolution 63311s 2c 21 2% 23 24 25 26 27 28 RESOLUTION NO. 6331 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-28) FOR A 17-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-110) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF GIBRALTAR STREET, IN LA COSTA. APPLICANT: PULLMAN ENTERPRISES. WHEREAS, on September 10, 1980 the Carlsbad Planning Commis- sion adopted Resolution No. 1688 recommending to the City Council that Tentative Subdivision Map (CT 80-28) and Condominium Permit (CP-110) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on October 7, 1980, held a public hearing to consider the recommenda- tions and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-28) and Condominium Permit (CP-110) ; 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. 1688 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 80-28) and Condominium Permit (CP-110) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction Df the conditions contained in Planning Commission Resolution No.1688, dated September 10, 1980, marked Exhibit A, attached hereto and made a part hereof. adjourned PASSED, APPROVED AND ADOPTED at &regular meeting of the City Council of the City of Carlsbad, California, on the 28th day of October , 1980 by the following vote, to wit: AYES: Council Members Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None ABSTAIN: Council Member Packard RONALD C. PACKARD, Mayor ATTEST: (SEAL) -2- @IBIT A TO CITY COUNCIL =SOLUTION NO. 6331 PLANNING CONMISSION RESOLUTICN NO, 1688 .--_ A, RESOLUTION OF THE PLAN'NING COXMISSION OF THE CITY OF CARLSBaD, CALIFORNIA, RECOILVEXDING APPROVAL FOR A 17 UNIT CONDOMINIUM PERNIT AND TENATIVE TRACT' MAP ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF GIBRALTAR STREETt LA COSTA. APPLICANT: PULLI'*IAN ENTERPRISES + ' CASE NO: CT-80-28/CP-110 WHEREAS, a verified application for certain property to, - wit: Lots 383 and 384, La Costa South Unit No, 5, Mag No, 6600 in the City of Carlsbad, County of San Diego, State of California las been filed ~ith the City of Carlsbad., and referred to the llanning Commission; and ' WHEREAS, said verified application constitutes a request is provided by Title 21 of the Carisbad Municipal Code; and WHEREAS, the Planning Comnrnission did, on the 10th day of ;eptember, 1380, hold a dul'y noticed public hearing *as' prescribed iy law to consider said request; and 3 9 WHEREAS, at said public hearing, upox hearing. and considering 31'1 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative ' Tract' Map and CondominLum Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) I3) That the above recitations are-true and correct. That based on the evidence presented at the public hcaring, the Comrn i s s ion recommcn d s APP1:OVAL of CT - 8 0- 2 8/CP- 11.0 , based on the following fina-ings and subject to the following canditions : //// //// //// 3, 2 4 5 E 7 E * 13 . l! 1' 1' 2i 2 2 2 2 2 2 2 2 0 0 hidings : The project is cocsistent with the City's General Plan since the hroposed density of 17 du's/acre does not exceed the density range of 20-30 du's/acre specified for the site as indicated in the Land Use Element of the General Plan, The site is physically suitable far the type and deilsity of the development since the site is adqpatc in size and shap to accomiodate residential development at the density proposed and still meet all the requirements of the condominium ordinance. A 3 The project is consistent with all. Citi public facility policies and ordinances since:' a. b. C, d. e. f. The applicant has received 17 edu(s from the Leucadia County Water District. The Planning Commission has, by inclusion of an appro- priate condition to this condominium permit and tex?ta- tive subdivision map, insured tha.t the final map trill not be approved unless the City Council finds that smxer service is available to serve the project, In addj-tion, the Planning Coxmission has added a conditj-on that a note shall be placed or; the final map that building permits may not be issued for the condominium project unless thc City Engineer determines that sewer service is avail.able, and building cannot occur within the project unless seicer service remains available, the Planning CoEa,;.ssioii 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 tentativ'e map and condo- minium permit approval. School facilities will be provided by the San Diepito Union High School and Enciaitas Union School Districts, Park-in-lieu fees are required as a condition of approval A11 necessary public improvements have been provided or will be required as conditions of approval, The applicant has agreed and is requj-red by the inclusion of an gpproprj-ate condition to pay a public facilities fee. Performance of khat contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as rcquircd by tl2c Geiicral Plan e 4) The project is compatible with existing and proposccf surrounding I a.nci uses. -2- 5- 7 ,J 0 onditions: -. 0 b. 1 1. 1. 5, 6. 7. 8. 3. I'C Approval is granted for CT--80-28/CP-l10, as shown on Exhibits A,B,C,D,E, & I?, dated July 9, 1980, incorporated by reference and on file in the Pldnning Department. occur substantially as shown unless otherv75sc noted ir, these condj.tions, This project is approved upon the express condition khat building permits shall not be issued *for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will cclntinue to be'available - until time of occupancy, 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, 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 appl_icar,t fm payment of said fee a copy of that agreement dated 1.lay 30, 1980, is on file with the City Clerk and is incorporated herein by reference. Tf said fee is not paid as promis&, this application wi1.l not be consistent with the General. Plan and approval for this project shall be void, Devdopir.ent shall The applicant. shall prepare a reproducible mylar of the final condominium site plan incorporating the' conditions contained herein. Siid site plan shall be submitted to and approved by the Planning Department prior to the issuance of building permits, The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Department prior tu final map a.pprova1 The applicant shall establish a honieowncr s association and corrcspond5ng covenants, conditions and restrictions, Said CC&R's shall be submitted-to arid appxoved by the Pl.annhg Deprtmcnt prior to final map approval. T'he sppl.icant slia1.1 install street trees to city specification at 40 foot intervals along a11 public street frontages prior to final occupancy of any building. !Phe variety of saic3 trees sha1.i be subject to the app-ova1 of thc Parks and Re c I- e a ti on De p a I tr me XI t . TIE app1.i.cani.s sliall pay park-in-lieu fccs to tlic city , prior to tlic approval of the final ~~ip 2s per Chrtptxr 20.44 of the city's subdivision rccjul ntions. -3- 2 3 4 5 6 3. I, 2. 3. 4. -5 .. -6. 17. 18. 13. 20, The appl.icalit shall provide school fees to mitigate conditions of: overcrowding as part of bui.lciing permit applicati-on. scheilule in effect at the time of building permit application, Any sigps proposed for this devel.opment shall be designed in conformance with the City's Sign Ordinance and shall require review and approval by the Planning Department prior to installation of such signs, These fees sizal.1 be based on the fee All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash', and debris, All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and sound-buffered from adjacent properties and streets to the satisfaction cf the Planning Department and Building Department. 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. The developer shall receive the approval of the City . Engineer for a site grading plan and obtaifi E! grading ' permit prior to issuance of building permits, Gradhg shall occur in accordance with an approved qrading and erosion control plan, city standards, and an approved soils and geologic investigation report ~rhich shall include slope stability calculations and construction specifications. All exposed slopes shall be hydromulched or otherwise stabilized prior to the issuance of building permits subject to the approval of the City Engineer. A Drainage improvemcnts shall be constructed in accordance with an approved plan, and the work shall. be coordinated with the overall plan for grading to thc satisfaction of the City Engineer. Parking spaces shall be assigned to individual uni-ks as shown on F:xf;.ibit B, dated July 9, 1980. Prior to occupancy of any units, landscaping shall be instal 1 ed in accordance with the landscape plan approved by the Planning Divcctor . e 5 6 7 a 2 3 9 . JC 4 21. . Adequate fire hydrants with required fire flows shall be provided on and off site as required by the Pire Department. When ariy portion of a building is in excess of 150' from water supply on a public street, adequate on-site fire hydrant and main capable of supplying the required fire floxq may be required by the Fire Chief. - 1 1 .J 3 3 1 . 22. 23. 24. Fire retardent roofs shall be required on all structures' to the approval of the building and fire departments.. The proposed security gate systems shall be subject to approval of both the police and fire departments prior' to approval of .the final map. In order to provide for fire.protection during the constructior period, the applicant shall maintain passable 'vehicular access to all buildings. The stairway located on the south. side of Building "A" shall not encroach into the adjacent 10' 6rainage easement.. modification shall' be shown on the final site plan and subject to the Planning Director's approval prior to final map approval, PASSED, APPROVED AXD ADOPTED at a regular meeting of the This llanning Comqissicn of the City of Carfsbad, California, ield on the 10th day of September, 19$0, by the follo&ng.vote, :o it: 2. .. AYES : NOES : ABSENT : ABSTAIN : c_ EDWIN S .. SC%XCK, JR. , Chairnan CAR'LS BAD PLANN IN G COX?4 I S S I OX ATTEST :