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Home My WebLink About1981-09-01; City Council; Resolution 6655RESOLUTION NO. 6655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT :el-20) FOR A 24- UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-165) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON 'THE NORTH SIDE OF PIRINEOS WAY. APPLICANT: SUNRISE PACIFIC. WHEREAS, on July 22, 1981 the Carlsbad Planning Commission adopted Resolution No. 1834 recommending to the City Council that Tentative Subdivision Map (CT 81-20) and Condominium Permit (CP-165) 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 81-20) and Condominium Permit (CP-165); and WHEREAS, said Tentative Subdivision Map and Condominium Permit have been declared to have a nonsignificant impact on the environment and a Negative Declaration ha,s 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. 1834 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 81-20) and Condominium Permit (CP-165) 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. 1834, 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 septaiber , 1981 - b*y the following vote, to wit: AYES: NOES: lb’ne ABSENT: ?!kme Council Ihbers Packard, Casler, hear and Lewis ABSTAIN; Council Mayor ATTEST : 3 (SEAL) 2. 1 1 I EXHIBIT A TO CITY RESOLUTION NO. PLANNING COMMISSION RESOLUTION NO, 1834 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSRAD, CALIFORNIAI RECOMMl3NDING APPROVAL OF A 24 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PIRINEOS WRY e APPLICANT: SUNRISE PACIFIC .. CASE NO: -CT 81-20/CP-165 , .. WHEREAS, a verified application for certain property to, qit : Parcel 1 of Parcel Map No. 4548 filed May '16, 1976 >as been filed with the city of Carlsbad, and referred to the ?laming Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 22nd 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 anyr 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 Commission as follows: a A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends' APPROVAL of CT 81-20/CP-165, based on the following finxniszd subject to the following cond it ions : Findinqs: 7) The project is the proposed d range .of 20-30 on the Land Us - justified for consistent with the city's General Plan ensity of 27 du's/acre is within the dens du's/acre specified for the site as indi e Element of the General Plan and can be the reasons stated in the staff report. since ,ity cated I a 2 3 4 5 E 7 ,€ s ZC li 14 2( * 2: 2; 2: 21 2! 2( 2: 2E The site is physically suitable for the type and density QE the development.since the site is adequate in size and shape to accommodate residential development at th.e density pro- posed and still meet all of the requirements of the Condominiun Ordinance. The project is consistent with all city public facility policies and ordinances since: a) The applicant has received 24 edu's from the Leucadia b) The Planning Commission has, by inclusion of an County Water District. appropriate condition to this condominium permit and tentative 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 permits may not be issued for the condominium project unless the City Engineer determines that sewer service is available, and building cannot occur within the project 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 insofar as they apply to sewer service . far this tentative map and condominium perniit approval. c) School facilities wil.f_ be. provided by the Sat1 Dieguito High School District and Eneinitas Union Scl?ool District. Park-in-lieu fees are required as a condition of approval. d) e) All necessary public improvements have been provided or will be required as conditions of approval. 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 proposed project is compatible with the surrounding land use since all of the surrounding properties have been or are being developed with condominium projects at a similar density. /// /// /// PC RES0 ifJ834 -2- .- ' -7 Jonditions: --I .. General. Approval is granted for CT 81-20/CP-.165, as shown on Exhibit- (s) "A'@ - "J", dated May 21, 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 he approved unless'the City Council finds as of the time of such approval that sewer service is avail- able to 'serve the project. ' 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 permits 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 Noo with the City Clerk and incorporated herein by referencep and according to the agreement executed by the applj-cant for pay- ment of said fee a copy of that agreement dated Nay 8, 1984, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this appl-i- cation will not be consistent with the General. Plan and ap- proval for this project shall. be void. The applicant shall pay park-in-lieu Eees to the city, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code, 17, dated August 29, 1979, on file The applicant shall provide school fees to mitigate condi- tions of overcrowding as part of building permit applica- tion. These fees shall be based on the fee schedule in effect at the time of building permit application. 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 issu- ance, 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 bel approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions. An extension may be requested by the / cp RES0 #1834' -3- a. 2 3 4 .5 E 7 E 5 11 JI . I! It 1' 11 21 2: 2 2' 2 21 2' 21 Plannincr J 3) The applicant shall prepare a reproducible mylar of the final site plan incorporating the condj-tioins contained herein, Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits. This plan shall not exceed 24"x36" in size. 10) The applicant shall establish a homeowner's association and corresponding covenants.F conditiorls and restrictions. Said CC&R's shall be submitted to and approved by the Planning Department prior to final map .approval., 11) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Plirnning Director prior to the issuance of building permits e 12) All landscaped areas shall- be maintained in a healthy and thriving 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 Planning Department prior to installation of such signs. 14) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. of said receptacles shall be approved by the Planning Director e Location 15) 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. 16) The buildings shall not exceed a height of 35 feet as defined in the Zoning Code. Cng ineering 17) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 18) The grading for this project is defined as "regular grading" by Section 11.06.170(a) of the CarlLsbad Municipal Code. The developer shall submit a grading plan for approval which shall. include all required drainage structures and any required erosion control measures. The developer shall also subinit soils, geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. //// 1' 1; 1' 21 2 2 2 e 19) The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with city of Carlsbad standards. The trees shall be of a variety selected from the approved street tree list. 20) The developer, shall cornply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. Fire-Department 21) All fire alarm systemsr fire hydrant-s, extinguishing systems , automatic sprinklers, and other systerns pertinent to the project shall be submitted to the Fire Department for -approval prior to construction. 22) Building6 exceeding.10,000 square feet in area shall be sprinklered or four hour walls with no openings therein shall split the building into 10,000 square feet or less areas 23) The parking garage shall be sprinklered. 24) Dry standpipes may be required for the rear units, 25) 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 con2itions to a final map, the reference shall apply also to a parcel map filed in lieu thereof. PASSED, APPROVED 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 vats, to wit: . AYES: Marcus, Farrow, Schlehuber, Jose and L'Heureux NOES : Rombotis ABSTAIN : None ATTEST: