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Home My WebLink About1980-11-04; City Council; Resolution 63511 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-40) FOR A 10-UNIT CONDOMINIUM PROFESSIONAL OFFICE PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-130) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF PI0 PIC0 AND CHESTNUT AVENUE. APPLICANT: FREEHOF. ~ WHEREAS, on October 8, 1980, the Carlsbad Planning Commission adopted Resolution No. 1710 recommending to the City Council that Tentative Subdivision Map (CT 80-40) and Condominium Permit (CP-130) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on October 28, 1980, held a public hearing to consider the recommendations of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-40) and Condominium Permit (CP-130) ; and WHEREAS, said Tentative Subdivision Map and Condominium Permit have been delcared 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. 1710 constitute the findings of the City Council in this matter. C. That said Tentative Subdivision Map, together with 1 2 3 4 5 6 7 8 9 LO 11 19 20 21 22 23 24 25 26 27 28 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 80-40) and Condominium Permit (CP-130) 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. 1710, dated October 8, 1980, marked Exhibit A, attached hereto and made a part hereof, and subject to the following additional condition which has been added to Resolution No. 1710: "14) This approval shall become effective when ZC-205, Ordinance No. 9567 , rezoning the subject property, becomes effective. Any work done by the developer in furtherance of the project prior to that time is at his own risk." PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 4th day of November , 1980 by the following vote, to wit: AYES Counci 1 Members Packard, Cas1 er , Anear, Lewis and Kul chi n NOES: None ABSENT: None '/RONALD C. PACKARD, Mayor ATTEST: -2- EXWIT A TO CITY COUNCIL RES . TION NO. 6351. ‘y A RESOLUTION OF TEE PLANNING COPVAISSION OF THE CITY OF CARLSSAD, CALXFORNIA, RECOILII.IENDING APPROVAL OF A 10 ‘JNIT AIR SFACE TENTATIVE TliACT M71P AND OFFICE CONCOKINIUP!I PERMIT ON PROPERTY LOCATED ON THE SOGTE-IEAST CORNER OF PI0 PIC0 AND CIIESTNUT AVENUE. APPLICANT: F’KEEHOF CASE NO: CT 80-40/@P-130 WXHf.=R?3AS, a verified application for certain property to, :rit : Portion of Lots 12 and 13 in Block “C” of the Resubdivision of a portion of Ailes Avocado Acres, Map No, 2027 ias been filed with the City of Carlsbad, and referred to the ,e ?lafining comissior,; and WHEREAS said vertf ied application constitutes a request as L pro,vfided by Title 21 of the Carlsbad MuniGipaL Code; and by law to consider said request; and d WHEREAS at said public hearing, upoh hearing and cccsidering a.El testimony and arguments, if any, of all persons desiring to be heardo said Cainrnission considered all. factors rela-ting to the Tentative Tract Map and. Condominium Permit, MON, THEREFORE, BE IT HEREBY RESOLVED by the BZanning * A) That the above recitations are true and corxect. U) That based on the evidence presented at the public hearing, the Commission recom”nds- APPROVAL of CT 80-4 O/CP--l30, bnscd on the following findings and subyect to the following conditions: Pin6 i ng s 1) The proposed tentative map is consisLent with the Land Use Element of the Gcncral. Plan. e 0 x .. 2 3 .. 5 .6 8 9 12 13 J. 4 211 22 23 24 25 26 27 28 2) The projectp as conditioned, will have adequate street improvements, dedications and access to serve the subject project e The site is physically suitable in size and shape for the proposed development since sufficient public improvements and adequate amenities necessary to serve all. lots are provided without the need for excessive modification to the site. The project will no% cause any significant adverse environ- merital impacts and the Planning Director has issued a Cond.itional Negative Declaration (Log No. 698, dated 5/8180) e The design of the subdivision will not cause an.y serious health grobl-ems since the project meets akL public health requirements, The projeck is consistent with all City Fublic Facility Policies and Ordinances since: a) The Planning Con"ssion has, by inclusion of an I 3). '. 4) 5) 6) appropriate condition to this Tentative Subdivision Map, ii?su?ed that the final. map will not be approved unless the City Council finds that sewer service i.s available to serve the project- In addition, the P1annii-q Commission has added z ccndition that a note shall Se placed Engineer determines that sewer service is availa.bZe. SLince the firial. map cannot be approved and building permits cannot be issued unless. sewer service remains available, the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insafar as they apply to sewer service for this project, the final map khat buil6ing permits .--.- ttray not be issued for this pioject unless thc City The project nects all development standards and design criteria of the condominium ordinance relative to a non- residential condominium project e eond it Lon s 1) . Approval is granted for CT 80-40, as shown on Exhibit r'Ff'r dated 9/19/80, on file in the PI-anning DepaYtment and incorporated by reference. stantially as shown on these exhibits unless otherwise noted in these conditions. J - Devcl.opment shall occur sub- 2) This subdivision is approved upon the express condition that the final map shall not be approved unless the City Cou~ckl .finds as of: thc time of such approval that sewer service is avnihble 'io serve the subdivision, .-2- i II 3 4 5 ' '6 I 9 20 12 13 14 15 16 0 .- * This project is approved upon'the express c ndition 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 reEerence, and. accordirig to the agreement executed by the applicant for payment of said fee a copy of that agreement dated 2/27/80, is on file with the City Clerk and is incorporated herein by reference. If said fee is not paid as promised, khis application will not be consistent with the General Plan and approvaZ for this project shall be void, -The applicant shall prepare a reproducible mylar of the Said site plan shall be submitted to final condominium site plan incorporating the conditions contained herein, and approved by the Planning Department prior to the issuance of building permits, The applicant shall establish an owners association with corresponding covenants, conditions, and restxictions to ensure maintenance of the coman areas, Said cC&II'S shall be submitted to and approved by the Planning Departrnerrt prior to final map approval In order to provide fcr fire protection during the construction period passable vehicular access to a11 buildings, adequate fire hydrants with required fire fl0.lzr.s shall be installed on and off site as required by 'the Fire Department The applicant shall install streek trees to city spec-. ifications at 40 foot intervals along all public street afrontages prior to final occupancy of any building. The variety of said trees shall be subject to the approval of the Parks and Recreation Department e AI1 land and/or easements required by this subdivision shall be granted to the city, without cost to the city, free of all liens and encumbrances, tine applicant shall maintain In aZdition, P a The developer shall receive the approval. of the City Engineer for a site grading plan and obtain a-grading permit prior to issuance of building permits. Drainage improvements shall be constructed in- accardance 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 construct a concrete sidcGalk on Pi0 Pic0 Drive to city standards prior to thc final. occupancy of any buildings, -3- / .... 1 2 *3 4 5 E c 1 E $ 3.1 13 3: 1; 3.1 1' a -1 2 rb ?) The applicant shall constr ct a wheelchair ramp on the corner of the subject property prior to the final occupancy of.any Medical and dental uses are specifical1.y not allowed in this professional office complex, PASSED, APPROVED AND ADOPTED at a regular meeting of the . buildings. 3) lanriing Commi.ssion of the City of Carlsbad, California, held on ne 8th day of October, 1980, by the foblowing vote, to wit: -#I AYES: Commissioner Schick, Larsonp Xombotis Marcus and Jose. NOES : None. ABSENT: Commissioner Leeds and Fsizstedt,. ABSTAIN: None. ........ I. ---- EDWIN S, SCHICK, SR, Chairman CAXSBAD I? LANE TF?G COlTJr 1 S SIGN VTEST: ........................... <$ ... .. ... ... I_ ..,,.. wxs C. ~~AGAMAN, Secretary '1RLSBAD PLANNING CON?4ISSION 7