HomeMy WebLinkAbout1981-09-01; City Council; Resolution 66541
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RESOLUTION NO. 6654
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
TENTATIVE SUBDIVISION MAP (CT 81-17) FOR A 15-
UNIT CONDOMINIUM PROJECT AND APPROVING
CONDOMINIUM PERMIT (CP-163) FOR SAID PROJECT ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR AVENUE BETWEEN JEREZ COURT AND ROMERIA
STREET: APPLICANT: LA COSTA VILLAS.
WHEREAS, on July 22, 1981 the Carlsbad Planning
Commission adopted Resolution No. 1833 recommending to the City
Council that Tentative Subdivision Map (CT 81-17) and Condominium
Permit (CP-163) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
August 18, 1981, held a public hearing to consider the
recommendations and hear all persons interested in or opposed to
Tentative Subdivision Map (CT 81-17) and Condominium Permit
(CP-163); and
WHEREAS, said Tentative Subdivisio:n 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.
R. That the findings of the Planning Commission in
Resolution No. 1833 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 81-17) and
Condominium Permit (CP-163) 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. 1833, dated July 22, 1981, 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
1st day of Septder , 198' - by the following vote,
to wit:
AYES: Council Members Packard, Casler, Lewis and hear
NOES: None
ABSENT: None
ABS-: Council Wer
ATTEST :
(SEAL)
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EX'HIBIT A T~TY COUNCIL . RESOLUTION NO. 6654 a
PLANNING COMMISSION RESOLUTION NO. 1833
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAI), CALIFORNIA, RECOMMENDING APPfiOVAL OF A
TEN'X'ATIVE SUBDIVISION MAP AND COECOMINIUM PERMIT TO
DEVELOP 15 UNITS ON PROPERTY GENERALLY LOCATED ON THE
NORTN SIDE OF GIBRALTAR AVENUE BETWEEN JEREZ COURT AND
ROMERIA STREET
CASE NO: -- CT 81-17/CP-153
APPLICANT: LA COSTA VILLAS
WHEREAS, a verified application for certain property to,
wit:
Lots 376 and 377 of La Costa South Unit 5 according to Map
6600 filed March 10, 1970
has been filed with the city of Carlsbad, and referred to the
Planning Coxnission; and.
WHEREAS, said verified application constitutes'a request as
provided by Title 21 of the Carlshad Municipal Code; and
WHEREAS, the Planning Commission did, on the 22th day of
July, 1981, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, 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 the Tentative Tract Map and Condominium Permit.
NOW,.THEREFORE, BE IT HEREBY RESOLVED by the Planning
Cominission as follows:
A) That the above recitations are true and correct.
3j That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 81-17/CP-163, based on the following findings and subject to the following
conditions :
Findings :
1) The project is consistent wi'th the city's General Plan since the proposed density of 20.8 du's/acre is within the density range of 20-30 du's/acre specified for the site as indicated on the Land Use Element of the General Plan. ti
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The site is physically'suitahle 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-
posed.
The project is consistent with all city public facility pol-
icies and ordinances since:
a) The Leucadia County Water District has allocated
sufficient sewer connections 'for the project.
12) The Planning Commission has, by inclusion of an appropriate condition to this condominium permit insured that building permits will not be issued unless the City
Council finds that sewer service is available to serve the
project, and building cannot occur within the project unless sewer service remains available thus, 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
project .
School fees to mitigate conditions overcrowding are required at the tine of building permits pursuant to Chapter 21.55 of
the City Municipal Code.
d.) Park-in-lieu fees are required as a condition of
approval .
will be required as conditions of approval .. e) All necessary public improvements have been provided or
f) The applicant has agreed and is .required by the inclusion of an appropriate condition to pay a public facilities
fee. Performance 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.
The project will not.cause any significant environmental
impacts and a Negative Declaration has been issued by the Planning Director on May 29, 1981, and approved by the
Planning Commission on July 22, 1981.
The proposed condominium project complys 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, embracing land, building, landscaping and their relationships, and
sufficient circulation and on-site amenities are
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b) Storaye space, laundry fac'ilities, open recreation areas,
parking facilities, refuse areas, separate utilities and all other requirements of Section 21.47.130 have been met or will be met by conditions of approval. ..
6) The design of the subdivision and type of improvements will not: conflict with easements for public use or public access
through the subject' property.
Cond it ions :
General -
Approval is granted for CT 84-17/CP-163, as shown on Exhibit(s) "A", "E" and "F", dated Play 7, 1981, and Exhibits
IZ ~lr I ##Cl? and ItD" dated July 1, 1981, incorporated by
reference and on file in the Planning Department.
Development shall occur substantially as shown unless
otherwise noted in these conditions.
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 building permits will 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 perinits 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 reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated May 7,
1981, is on file with the City Clerk and incorporated herein
by reference. If said fee is not paid as promised, this
application will not be consistent with the General Plan and
approval for this project shall be void.
The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final map as required by Chapter 20.41 of the Carlsbad Municipal Code.
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.
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PC RES0 #1833 -3-
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7) Approval of this request shall--not excuse compliance with ail sections of the Zoning Ordinance and all other applicable city
ordinances in effect at time of building permit issuance.
Planning
8) The applicant' shall prepare a reproducible mylar of the final site plan incorporating the'conditions contained herein. Said site plan shall be submitted to and approved by the Planning
Director prior to the issuance of building permits.
9) The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions, Said
CC&R's shall be submitted to and approved by the Planning
Departinent prior to final map approval.
irrigation plan which shall be submitted to and approved by
the Planning Director prior to the issuance of building
permits
10) The applicant shall prepare a detailed landscape and
11) All landscaped areas Shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
12) 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 Planning Department prior to
installation of such signs,
13) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuaot to city standards. Location of said receptacles shall be approve'd by the Planning
Director.
14) All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to .the
satisfaction of the Planning Department and Building
Director.
Eng ineeripg :
15) Approval of this tentative tract map shall expire eighteen
months from the date of City Council approval unless a final
map is recorded.
applicant. Said extension shall be approved or denied at the discretion of the City Council.
the City Council may impose new conditions and may revise ex i s t i ng con d i t ion s .
16) Prior to the issuance of a grading permit, the haul route shall'be submitted for review and shall be approved by the City Engineer. A separate gyadi.ng plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
An extension may be requested by the
In approving an extension,
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7) The d veloper shall install str et tr es at the quivilent of
40-foot intervals along all public street frontages in conEormance with City of Carlsbad Standards. The trees shall
be of a variety selected from the approved Street Tree List.
8) The developer shall comply with all'the rules, regulations and
design requirements of the respective sewer and water agencies regarding services to the project.
9) Pursuant to the provisions of Section 20.20.050(1) of the
Carlsbad Municipal Code, a parcel map may be filed in lieu of a final map. Whenever reference is made in these conditions to a final map, the reference shall apply zlso to a parcel
map filed in lieu thereof.
ire:
0) Parking garage shall be protected by an automatic fire
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sprinkler system to the satisfaction of the Fire Marshall.
i) Additional public and on-site hydrants may be required.
2) Proposed security gate systems shall be subject to approval of both Police and Fire Departments prior to approvzf. of the
final map,
Building and Fire Department.
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3) Fire retardant roof shall be required on all structures by
4) All fire alarm systems I fire hydirants extinguishing systems I automatic sprinklers, and other systems pertinent to the project shall be subinitted to the F.ire Department for
approval prior to construction;
arks - and. Recreation :
5) The developer shall protect all existing trees and replace any tree damaged or removed with the same species of . comparable size.
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PC RESO #lS33 -5- 8
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PASSED, APPRQVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on
the 22nd day of July, 1981, by the following vote, to wit:
AYES : Marcus'f Rombotis, Farrow Schlehuber , Jose and
L * Heureux
'NOES: None
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