HomeMy WebLinkAbout1981-08-04; City Council; Resolution 6624RESOLUTION NO. 6624
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
TENTATIVE SUBDIVISION MAP (CT 81-18) FOR A 28-
UNIT CONDOMINIUM PROJECT AND APPROVING
CONDOMINIUM PERMIT (CP-164) FOR SAID PROJECT ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF
UNICORN10 STREET BETWEEN CACATUA STREET AND EL
FUERTE STREET. APPLICANT: G. R, CAPITAL, INC.
WHEREAS, on June 24, 1981 the Carlsbad Planning
:ommission adopted Resolution No. 1826 recommending to the City
:ouncil that Tentative Subdivision Map (CT 81-18) and
:ondominium Permit (CP-164) he conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
July 21, 1981, held a public hearing to consider the
recommendations and hear all persons interested in or opposed to
rentative Subdivision Map (CT 81-18) and Condominium Permit
(CP-164); and
WHEREAS, said Tentative Subdivision Map and Condominium
Permit have been declared to have a nonsignificant impact on the
Znvironment 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
:he City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
3esolution No. 1826 constitute the findings of the City Council
in this matter.
C, That said Tentative Subdivision Map, together witLl
the provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applicable
jeneral and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 81-18) and
'ondominium Permit (CP-164) are hereby approved subject to all
ipplicable requirements of the Carlsbad Municipal Code and to
:he satisfaction of the conditions contained in Planning
:ommission Resolution No. 1826, dated June 24, 1981, marked
Zxhibit A, attached hereto and made a part hereof.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
:he City Council of the City of Carlsbad, California, on the
4 th day of August , 1981 - by the following vote,
to wit:
AYES: Colrracil Members Casler, Anear, Lewis and Kulchin
ABSENT: Council Member Packard
RONALD C .@ACKARD, Mayor MARY H. CASLER, Vice-Mayor
ITTEST :
[SEAL)
.. ,
3
2
3
4
5
6
-7
8
9
10
11
12.
13
34
15
3.6
27
18
19 i
f I
20
31
22
23
24
25
26
27
28
wit:
1
e
relating to the Tentative-Tract Map and Condominium Permit; and
-0 EXHIBIT A TO CITY COUNCIL &SOLUTION .
NO. 6624
PLANNIEG COMMISSION RESOLUTIBN NO. 1826
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
'APPROVAL OF A 28 UNIT TENTATIVE TRACT MAP AND
COflDOMINIUM PERMIT ON PROPERTY GENERALLY
BETWEEN CACATUA STREET AND EL FUERTE STREET
APPLICANT: G, R. CAPITAL, INC.
CASE 2\10: CT 81-18/CP-164
LO~ATED ON THE NORTH SIDE OF UNICORNIO STREET
WHEREAS, a verified application for certain property, to
Lots 5'15, 516; 517 of La Costa Meadows Unit No, 3 according to Map 7076 filed October 6, 1971..
has been filed with the City of Carisbad, and referred to the
Planning Commission; and.
-WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad 14unicipal Code; and
WHEREAS, the Planning Commission did, on the 24th day of
June, 1981, hold a duly noticed public hearing as prescribed by
law, to consider said request; and
////
j //I/ I ////
c
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1E
IS
2c
21
22
2:
24
2t
2c
29
2E
Findings:
The project is consistent with the city’s General Plan since the proposed density of 16.2 du/acre is within the deiisity range of 10-20 du/acre specified for the site as indicated in
the Lan,d Use Elenent of the General Plan and can be justified
for the reasons stated in the staff report.
The site is physically suitable for the type and density of
the development since the site is adequate in size and shape to accommodate residential development at the density pro-
p6sed and still meet a11 of the requirements of the Condortiin- ium Ordinance.
cies
a)
b)
C.
d.
e.
E 0,
The project is consistent with all city public facility poli- and ordinancgs since:
The Leiicadia County Water .District has allocated suffi- cient sewer connections for ‘the project.
The Planning Commission has, by inclusion of an appro- priate condition to this condominium permit and tenta- tive subdivision map, insured that the final map will
not be approved unless the City Council finds that sewer
service is available to serve the project. In addition, the Planning Commission has added a condition that a
note shall be placed on the final map that building per- mits may not be issued for the condominium project un- less the City Engineer determines that sewer service is
available, and building cannot occur within the project unless sewer service remains available, the Planning Conmission 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 ten-
tative map and condominium permit approval. -
School facilities will be provided by the San Marcos School District.
Park-in-Lieu fees are required as a condition of appro- val.
All necessiry public improvements have been provided or
will be required as conditions of approval.
The applicant has agreed and is required by the inclu- sion of an appropriate condition to pay a public facili- ties fee. Performance of that contract and payment of the fee will enable this body to find that public facil-
ities. will be available concurrent with.need as required by the General Plan.
/I//
///I
c
PC RES0 H1826
..
..
-2- .. #-”
1
/* , " .
..
1
2
-.
. ..
3
4
5
6
7
€3
9
10
I1
12
13
3.4
15
36
17
18
19
20
21
22
23
24
25
26
27
28
0 0
The proposed condominium project compli.es 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, embrac- ing land, building, landscaping and their relationships, and sufficient circulation and on-site amenities are . provided .
b) Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate utili-
have been met or will be met by coriditions of approval. , ties and all other requirements of Section 21.47.130
This project will not cause any significant environmental impacts, and a Negative Declaration has been issued by the Planning Director on June 1, 1981, and approved .by the Plan- ning Commission on June 24, 1981.
6) The land included within this project contains less than 5 acres; each parcel abuts upon a maintained public street and no dedications or improvements are required. Therefore, in accordance with Section 20.20.050 (1) of the Carlsbzd Munici-
pal Code and Section 66426 (a) of the Subdivision Hap Act, a parcel map may be filed in lieu of a final map.
General Conditions: I
Approval is granted for CT 81-18/CP-164, as shown on Exhibits
"A" - "E", dated May 21, 1981, incorporated by reference and on file in the Planning Department. Development shall. occur substantially as shown unless otherwise not.ed in these condi-
t ions.
This project is approved upon the excess 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 avail- able to serve the subdivision.
This project is approved upon the express condition that
building permits tiill not be issued for development of the
subjc-ct property unless the City Engineer determines that
sewer facilities. are available'at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final
map
This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by City Council Policy No. with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for pay-
ment of said fee a, copy of that agreement dated May 8, 7989, '
is on file with the City Clerk and incorporated herein by
reference. If said fee is not paid as promised, this appli- cation will not be consistent with the General Plan and ap- proval for this project shall be void.
17, dated August 29, 1979, on file
6
1 nocn ~1~191; -3-
3.
2
5) The applicant shall pay park-in-lieu fees to the city,.prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
3
4 .? .
sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance.
5
not issued for this project.within one year from the date of
' project approval.
6
7
8
9
12) All lar,dscaped areas shall be maintained in a healthy and thri- ving condition, free from weeds,, trash, and debris.
13) Any signs proposed for this development shall be designed in conformance with the city's Sign Ordinance and shall require review and approval of the P1anning.Department prior to instal- lation of such signs.
I
14) A uniform sign program for this development shall be submitted
to the Planning Department for their review and approval prior to occupancy of any building.
Planning Department - 10
11
12
13
14
. 15
16
. 17
18
. *, .
19
20
21
22
23
24
25
26
27
9) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits.
10) The applicant shall establish a homeowner's association and cor .responding covenants, conditions and restrictions. Said CCSrK's shall be submitted to and approved by the Planning Department prior to final map approval,
plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits.
Said
11) The applicant shall prepare a detailed landscape and irrigation
1
2
3
4
5
6
7
8
9
10
11
12
3.3
14
15
16
17
-'
19 '8
20
81
22
23
e 24
25
.26
'27
28
I
0 0
17) The phase line (between Phase 1 and 2) shall be revised so that each phase independently meets all development standards .of the Condominium Ordinance.
18) Approval of this tentative tract map shall expire eighteen months from the date of City Council approval unless a final map is recorded. An extension may be requested by the'appli- cant. Said extension shall be approved or denied at the dis- cretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise exist- ing conditions ,
Engineering Department
19) The deve1ope.r shafl obtain a grading permit prior to the com- mencement of any clearing or grading of the site.
20) The grading for this project is defined as "regular grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan Cor approval which
shall include all required drainage structures and any re- quired erosion control measures. The developer shall also
. - submit soils, geologic or. compaction reports if required and shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code.
21) The developer shall install street tr&s at the equivalent of
4Q-fOOt intervals along all public-street frontages in con-
. formance with City of Carlsbad Standards. The trees shall be of a variety selected from the approved Street Tree List.
and design requirements of the respective sewer and water
agencies regarding services to the project.
22) The developer shall comply with all the rules, regulations.
Fire Department
23) An additional public fire hydrant will be required. across
24) A fire retardant roof shall be required on all structures by
from the westerly driveway,
the Building and Fire Department.
Parks and Recreation Department
.25) All irrigation lines adjacent to the sidewalk shall be set- back at least 12" froin the sidewalk.
//// *
//// PC RES0 #I826
1
2
3
4
5
6
7
-8
9
10
11
12
13
. 14
..
,. 15
16
17
18
. ..
20
21
. 22
23
24
25
26
27
2a
..
PASSED, APPROVED AND ADOPTED at a regular meeting.of the
Planning Commission of the City of Carfsbad, California, held on
the 24th day of June, 1981, by the following vote, to wit:
AYES: Farrow, Schlehuber, Jose, Friestedt, L'Heureux
NOES: None
ABSENT: Marcus, Rombotis
ABSTAIN: None
BAD P LANN IN
ATTEST :
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COFIMI SS I ON '
Y
e ..
PC RES0 #la26
e ..
-6- 2