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HomeMy WebLinkAbout1981-09-15; City Council; Resolution 66661 2 3 4 5 6 7 8 9 10 11 1s 2c 23 22 2: 24 2c 2E 27 2E RESOLUTION NO 6666 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS AN AMENDMENT TO A PREVIOUSLY APPROVED 7-UNIT TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO ADD ONE ADDITIONAL UNIT TO SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF LINCOLN STREET BETWEEN PINE AVENUE AND WALNUT AVENUE, APPLICANT: LATITUDE 33.(CT 80-11(A)/ CP-lOI(A)). WHEREAS, on August 12, 1981 the Carlsbad Planning Commission adopted Resolution No. 1848 recommending to the City Council that an amendment to a previously approve 7unit Tentative Subdivision Map (CT 8011(A)) and Condominium Permit (CP-lOl(A)), to add one additional unit to said project, be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on September 1, 1981, held a public hearing to consider the recommendations and hear all persons interested in or opposed to amended Tentative Subdivision Map (CT 80-11(A) ) and Condominium Permit (CPlOl(A)); and WHEREAS, said project has 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. B. That the findings of the Planning Commission in Resolution No. 1848 constitute the findings of the City Council in this matter. C. That said amended 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 amended Tentative Subdivision Map (CT ;0-22(A)) and Condominium Permit (CP-lOl(A) are hereby approved wbject to all applicable requirements of the Carlsbad Municipal :ode and to the satisfaction of the conditions contained in ?lanning Commission Resolution No. 1848, dated August 12, 1981, narked 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 15th day of September , 1981 - by the following vote, to wit: AYES: Council Meubers Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None )RONALD C. PACKARD, Mayor ATTEST : A A ALETHA L. RAUTENK ( SEAL 1 2. 1 2 3 4 5 6 7 8 3 10 3.1 12 13 3.4 15 16 17 18 19 2c 21 22 22 24 25 26 27 28 .'? c. EXHIBIT A TO CITY COUNCIL RESOLUTION NO. 6666 A RESOLUTION OF TRE PLANNING cwwssros OF TKE CITY OF CARLSBAD, CALIFORNIAr RECOMMENDXNG MAP AND CONDOMINIUM PERMIT BY TIIE ADDXTXON OF ONE OM THE EAST SIDE OF LINCOLN STREET BETWEEN PINE AVENUE AMD WALNUT AVENUE APPbICCANT:: LATITUDE 33 CASE NO: APPROVAL OF AN AMENDMENT TO A TENTATIVE TRACT UNXTp EIGHT TOTAL, ON PROPERTY GENERALLY LOCATED CT 80-22/CP-101 ____fl__ HEEREAS a ~e~lbfhd applicatian for crzk-tairs propertyr La wit: 1 t; .. law, to ~~nsider said request; and WHEREAS, at said public hearing, upon €-tearing nnd considering all testimony and argx"tsp if any, aE all persons desiring to be E1e~~Cjl~ said Commission considered a11 factors relating to the Tentative Tract Map and Cond~d..nium Permit; ahd NOWb. THEREFOREp BE IT HEREBY RESOLVED by the Planning - .- -.. Commission as follows: (A) That the foregoing recitations are true and correct.. (B) That based on the evidence present& at the public hearing, the Commission recommends APPROVAL of CT 8O-22/CP-lOI (A), based on the following findings and subject: to the fol.l.owi.ng cond it ions : --- /// /// a, 2 3 4 5 6 7 .8 9 10 22 13 .. 3.4 az 2.6 17 21 22 2: 24 2E 2E 27 2E ?ind ings he project is consisten- wi h the city’s General Plan since the proposed density of 23 dlu~s/acre is within the density range of 20-30 dugs/acre specifi.ed for the site as indicated on the Land, Use Element of the General Plan, The site is physically suitable far the type! and density of the development since the site is adequate in size arid shape to accommodate! residential development at the density pro- posed 0 The project is consistent. with 31% city public fa.cilit:j! pol- ieies and QX-~~~CUICX~ since: F P Seho~l facilities ~.JIBB be avai1abI.e tu this project as Indicated by the CarPsbad Unified Sct-,oof District per lettek dated June 19# 1981, Park-in-lieu fees are required 8.6 a condition of A11 necessary public ~IR~KOV~IW~~S have been provided or The applicant has agreed and is requi.red by the incl.usion of an appropriate condition to pay a public facilities fee, Performance of that contract and pa-yrnent of the fee will enable this body to find that public facilities wil.1 be available concurrent with need as required by the General Plan approval 0 will be required EiS CQndi~iOIIS Of aj?plTOV2~e The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General. Plan. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on July 14, 1981 and approved by the Planning Coinmission on August 12, 1981, RES0 NO. 1848 -2- 1 2 3 4 5 6 7 a 9 xo 17. 3.2 53 .. 34 3.5 16 3.7 18 19 20 21 22 23 24 25 26 27 28 Conditions General, Conditions The conditions contained herein shall supercede contained in ResoPution No. I672 (Cz' 80--22/CP-5 all conditions I), Approval is granted for CT 80-22(A)/CF-l01(A), as shown on ence and on file in the Plarnnirrg Department, DeveLopnent shall. occur substantially as shown urilcss okhorwise noted in these conditions, Exhibit(S) "A -JnP dated JUWS 25, 1981, incorporated by refer- ?phis project is ;eppK~~ed upan the exprass condition that the final, map shall not be approved umless the City Council finds as of the time of such approval that sewer seixice is avail- able to serve the subdivisian, This .project is approved upon. tkle express condition tEiat building permits will not be is;susd- for development of the subject property unless the City Engineer determines that: sewer fircildties are available at= the time of applica,tion for such sewer permits and will continue to be avai1.abl.e tinti.9 time of occupancy. This note sha1.1 be placed on the final. map D This project is approved uson klia express csnditiorn that the applicant shall pay a pubXie Eacilities fee as required by City Council. Policy No, 17, dated August 29, 4979, on file with the City Clerk and incorporated herein by ~e€ererice, anci according to the agreement executed by the applicant: for pay- ment of said fee a copy of that+ agrecrtient dated ~priP 57# 1980, is on file with the City Clerk and incorporated hereirr by reference, If said fee is iiat paid as promised, this ap- plication will laat be consistent with the General. ~llan and approval for this project shall be void, The applicant shall pay park-in-%ieu fees t-.o the city, prior to the approval of the final map as required by Chapter 20*44 of the Carlsbad Municipal Code Approval of this request shall not: excuse compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in ef €ect at time of building permit .i.ssuan<se e Planning Department Conditions 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&R1s shall be submitted to and approved by the Planning De- partment prior to final map approval, PC RES0 NO. 1848 -3- QB . 1 20 21 22 23 24 25 26 27 28 c; 6- TO) The applicant shall prepare a detailed frzndscape and irriga- tion plan which shall be submitted to me3 approved by the Planning Director prior to the issuance CY€ buildinlg permits.. 14) A11 landscaped areas shall be maintained in a healthy and thriving condition, free from weedsr. tmshL, and debris, li2) Any signs proposed €or this development shall be designed in conformance with the citygs Sign Ordinance and shall,. require review and approval of the Pfanniizg Department prior ka in- stallation of such signs, 13) Trash receptacle areas shall be end.osed by a 6 foot high masonry wall with gates pursuant kq city standards, of said reeepkacles 'shall be appro&d by the FLa.nnirrg Djxec- tor 0 I;ocaP.i.on 54) All roof appurtenances, including air cmditioners, sha%l, be architecturally integrated and shi~lcied from view and the sound- buffered from adjacent properties md streets to the satisfaction of the PPanning Depa?:=t-mcrtt an6 Building Direc- tor 0 The developer shall obtain a grading permit prior: to the com- mencement of any clearing or grading of the site, The grading for this project Es defi~neci as sreg~alar grading" by Section 41,06,17O(a) of the Carlsbad Municipal Code, Tkie developer shall submit a grading plan for approval which shall include all required drainage structures and any re- quired erosion control measures o The devePopcr shall also submit soils geologic or compaction reports if required arid shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code, Lincoln Street shall be fully improved along the frontage of this project prior to occupancy of any units subject to Engineering standards and City Engineer approval, The sump pump shall be designed and located to the satisfac- tion of the City Engineer, -. . _. Additional off-site drainage improvements shall be required if found necessary by the City I.:ngineer to mitigate drainage impacts caused by this project on Walnut Avenue or adjacent property. PC Reso No. 1848 -4- ., ." . f 2 3 4 5 6 7 8 9 10 2.1 3.2 13 14 15 16 17 18 29 20 21 22 23 24 25 26 Fire DePartment Conditions P- 22) ~ll private driveways shall be kept clear of parked vehicles at all times and shall have posted "NO Parking/Fire Larm/Taw- Away Zone" pursuant to Section 12,84,040 of the Municipal Code 0 23) In order to prsvi.de for fire protection during the CO~IS~~UC- tion period, the applicant shall. maintain passable velricvlair access to all buijbdings, In addition, adequate fire ki37ciranit.s with required fire flows shall be installed and oEf site as required by the Fire Department, parks and Pieereat ion Department Con6 ithris 241 he applicant shall install street trees to city spseificz- %ions at 48 foot intervals along all, public: st~eot: fsonta.ges prior to final occupancy aE any building, said trees shall be subject to the approval of tho Parks, an6 Recreation Department, The variety of PASSEDp APPROVED AND ADOPTED at a regular meeting of the LsZarini,rrg, d 7 Chairman CQMMISSIOM .Y ATTEST: RLSBAD PLANIT RLSBAD PLANIT 6-9 PC RESO #1848 -5- I