HomeMy WebLinkAbout1980-12-16; City Council; Resolution 6385I
I(
1:
1E
2c
21
22
23
24
25
26
27
28
RESOLUTION NO. 6385
A RESOBUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP (CT 80-29) AND
CONDOMINIUM PERMIT (CP-111) FOR A 6-UNIT
CONDOM~NIUM ON PROPERTY GENERALLY LOCATED
ON THE'EAST SIDE OF CACATUA STREET NORTH
OF UNICORN10 STREET.
APPLICANT: EVEiNT PROPERTIES
I
WHEREAS, on November 12, 1980, the Carlsbad Planning
Commission adopted Resolution No. 1720 recommending to the City
Council that Tentative Tract Map (CT 80-29) and Condominium
Permit (CP-111) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
December 2, 1980, held a public hearing to consider the
recommendations of the Planning Commission and to receive all
recommendations and hear all persons interested in
to Tentative Tract Map (CT 80-29) and Condominium Permit (CP-111);
snd
or opposed
WHEREAS, said Tentative Tract Map and Condominium Permit
lave been declared to have a nonsignificant impact on the
mvironment and a Negative Declaration has been prepared and
iiled in compliance with the requirements of the City of
Zarlsbad Environmental Protection Ordinance of 1980;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
:ity of Carlsbad, California as follows:
A.
B.
That the above recitations are true and correct.
That the findings of the Planning Commission in
:esolution No. 1720 constitute the findings of the City Council
.n this matter.
C. That said Tentative Tract Map, together with the
L
I
1
I
1(
13
0 1€
19
20
21
22
23
24
25
26
27
28
provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applic-
able general and specific plans of the City of Carlsbad.
D. That Tentative Tract Map (CT 80-29) and Condominium
Permit (CP-111) are hereby approved subject to all applicable
requirements of the Carlsbad Municipal Code and to the satis-
faction of the conditions contained in Planning Commission
Resolution No. 1720, dated November 12, 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
day of December , 1980 by the following vote, to wit:
16th
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
ATTEST :
-2-
1
2
3
4
5
6
7
8
9
10
12
12
13
14
15
XS
3.7
2.8
- 19
20
2 1.
2%
23
24
25
2G
27
20
I
Resolution No. 6385.
A RESOLUTION OF THE ELAPTI.TIWG COMNISSTON CF THE
CITY OF CARLSEAD I CALIFORNIA I RECOr\P!E"DINCI
APPROVAL OF A TENTATIVE SUBDIVISION NAP AND
COMDOMINIUM PEWIT T9 DEVELGP 6 U?:ITS Ob: PROPERTY
GENERALLY LOCATED OY TilE ERST SIDE OF CACATUA
STREET NORTH OF UNICORN10 STREET.
APPLICANT : EVENT PROPERTIES
CASE NO: CT 80-23/CP-lll -..
WHEREAS, a verified application for certain property to, wit:
Lot 513 of La Cost2 Meadows Unit io. 3, in the
City of Carlsbad, County of San Diego, according to Map thereof No. 7076, filed in the Office of
the County Recorder, October 6, 1971.
-
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
provided by Title 21 of the Carlsbad Nun i c i pa I Code; and
WHEREAS, the Planning Conmission did, on the 12th day of
-. .-..
November, 1980, hold a duly noticed public hearing as
prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearjng and considering
all testimony and arguments, if any, of all. persons desiring
to F,e heard, sa3-d Conmission considered all factors rel-atincg to
the Tentative Tract Nap and Condominium Permit
i
!
NOW, THEREFORE, 3E IT HEREBY RESOLVED by the Planningr
Conmission as follows:
A) That the above recitations are true arid co-rrect.
R) That based on the evidence presented at the public hearing, the Coinmission recomiiends APPROVAT, of CT 80-29/Cp-lllI
based 011 the foll-owing findings and subject. to the
fol.lowiiq conditions: e*
--II_
Findinqs: --
1) The project is consistent- with the General. Plan since the proposccl density of 12 c!u/ac is within the density rnngc of
1.0-20 du/ac est;ibI.is!~c~cl For this propcrty in the Land Usc
177 r>mCn t- of tlie Gcnc:ral Plan.
..
2)
33
,
4)
5)
The site is physically suitable far. the type and de2sit-y of
the develupmcnt sinice thz site is adequate in size and shape
to accomcd7Ltc residential development at the proposed density
and stili meet all. the requirements of the condominim
e?rdinance.
The project is consistent with a2.1 city public facility
policies and ordinances since;
The Leucadia Cou~ty Water District has allocated
sufficient sewer connections for the project.
The Plarming Commission has, by inclasion of an
appropriate condition to this condomlninm permit insured
that buildi-ng permits will not be issued anless the
City Council finds that sewer service is available to -
serve the project, and huilding cannot occur within
the project unless sewer service remains avzrila5I.e thus,
the Planning Commission is satisfied that the require-
ments of the public facilities element of the General Plan have been met insofar at they apply to sewer service for this and condominium permit approval.
SzIiooX Fees to mitigate conditions of overcro~-7dj-r1y are required at the time of building permits pursuant to Chaptex 21.55 of the City Municipal Code.
Park-in-lieu fees are required as a condition of
approval.
All necessary public improvements have beer, provided or will be reqaired as conditions of approval ..
The applicmt has agreed and is required by the inclusion of an appropriate condition to pay a pubZic facilities
fee, Performance of that contract and paymmt of the fee will enable thi's body to find that public facilities
will he available concurrent with *need as required by the General Plan.
The design of the project and all required improvements wi3-I. not cause any 5:i gnificant environmental impacts since I based
on an initial study and field investigation of the site, the
Planning Director ha5 issued a negative declaration on August
8, 3980, rlog NO. 739.
The proposcd condominium Ljroject compl-ys with the provisions of Chapter 21.47 (Condominiums) since:
a) The condominiums meet the design criteria of Chapter
21.47.110 as the overall plan is comprehensive, cmSracing
land, buildj.ng, landscaping and their relationships, arid
sufficient circu1.ation and on-site amenities are provi(fc?ci
7 3
b) Storage space, laundry facilities, open recreation
areas, parking fzcilit.ies, refuse areas, separate utilities and all other requirements of Section
21.47-130 have been met or will be met by condi-
tions of apprcval.
4
5
6
7
8
9
3-0
J?
12
13
3.4
25
26
:I 7
18
:I. 9
20
2 3.
22
6) The design of tbe subdivision and Yype of inprovexwnts wj-11 not conflict with easements for public us, 0 or
public access through the subject'property,
I
I 4 Conditions -
I,
I-
Approval is granted for CT 8O-29/CP-lllr as show? on
pxhibits A-D, dated November 3, 1980 and Exhibit F,
dated July 8, 1980, incorporated by reference and on
file in the Planning Department, Development shall
occur substantially as shown unless otherwise noted in
these conditions,
.
2.
3.
This project is approve6 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.
Tnis project is approved upon the express condition
that bullding permits will not be issued for Ce.veI.oprr.eni;
of the subject property unless the City Engineer determices
that sewer facilities are civzilable at the tine of
application for such permits and will continue tc. be
avilable until time of: occupancy. This note shall. be
placed on the final xap.
4. Thj.s project is approved upon the express condition that the applicant shall pay a publric facilities fee as
required by City Council Policy Noc 17, dated August
29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement
executed by tIie applicant for payment of said iee a
copy of that agreement dated May 16, 1380, is 011 file
with the City CLerk 2nd is incorporated herein by
reference. If said fee is not paid as promi.sed, this
application trill not be consistent with the Generzl Plan and approval for this project shall be void.
The applicant shall. prepare a rcproducible mylar of the
final condominium site plan incorporating the conditions
contained herein. Said site plan shall be submi.tted to
and approved by the Planning Dcpartmznt prior to the
issuance of buil.ding permits.
The applicant. shall prepare a dktailcd landscape and
irrigation plan which shnl.1. bc submitted to and approved
by tlic L'lantiincj Dcpartmcnt prior to €inn1 map appravS:. (.
Said plan s1;all
northerly propcxty from thr project,
include tree plantincj to SC~CC~ the ndjacent
3-
2
3
4
5
6
c) 1
8
9
10
13.
12
13
14
1 5
2.6
17
1%
99
20
21.
22
.23
24
25
26
27
28
7.
8.
9.
10 *
11 *'
12,
13 D
1-4 .
15,
16.
The applicant shall es .-ablish a .honeowner's associa,ion
and corresponding covenmts condj-tisns and restricticns .
Said CC&R's svall be submitted -to and approved by the
Planning Depar bent prior. to final map approval.
In order to provide for fire protection duriq the construction period, the zippficant shall maintain
Pas sable vehicular access to all buildings. In addition,
adequate fire hydrants with required r'ire flows shall
be installed on and off site as required by the Fire
Dcpartncnt.
The applicant shall install street trees to city spec-
ifications a.t 40 foot intervals along all public street
frontages prior to final occupancy of any building. The
,variety of said trees shall be subject to the approval of the Parks and Recreation Department,
Tie applicant shall pay park-in-lieu Tees to the city,
prior to the approval of the final map as per Chapter
20.44 of the city's subdivision regulations.
The spplicant shall provide school fees to mitigate
conditions of overcrowding as part of building permit
application, These fees shall be based on tlie fee
schedule in effect at the the of building 2erni.t
application.
Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall
require review and approval by the Planning Department
prLor to installation of such signs,
RL1 landscaped areas shall be maintained in a healthy
and thriving condition, free from weeds, trash, and
debris -
Trask; receptacle areas shall be enclosed by a 6 foot
high masonry wall with gates pursuant to city standards,
Loca-tior, of said receptacles .shall he approvecl by the Planning Department-
A11 roof appurtenances, including air conditioners,
shall he architecturally integrated and shielded from view and the sound buffered from adjacent properties
and st-reets to the satisfaction of the Planning Departnient
and Building Department.
Approval of this request shall not escuse compliance
with all sections o€ the Zoning Ordinance and all other
applicable city ordinances in effect at time of building
permit issuance.
-
/I//
..
87 L
18.
19.
~f any grading is proposed, the dev~lopt.~ shall. receive
the approval of the City Enqincer for a site grading
plan and obtain a grading permit prior to issuance of
building perxits. with an approved grading and cmsion control plan ar?d
city standard?,
’rhe grasing shall occur in accorGance
The developer 1 skra3.3. comply with all the rules I regulations
and 6esicp requirenents of the respective sewer and water
agencies regak-ding services to the project.
The applicant shall install a I;’ high decorat’iv2 stucco
wall along the northern property line prior to final
occupancy of any units.
be submitted $c and approved by the Planning Director prior ~
to the issuance of a building permit.
Detailed plans of said wall shall.
,
PASSED, APPROYET? AND ADOPTED at a regular meetixg of
the Plmnins Commission of the City of Carlsbad, Czlifornia,
hekt on the 12th day of NovenSer, 1980, by the folloxing
vote, to wit:
AYES:
ABSTAIN:
.._.. . . . . . . . . ....
--PI -._I MARY P5ARCUS, Chairman
CARLS BAD PLAKX ING COlGi 1 S S ION
9TTEST:
’C: IIXSO 1; 1.7 20 -5- . -