HomeMy WebLinkAbout1981-09-15; City Council; Resolution 6667A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
TENTATIVE SUBDIVISION MAP (CT 81-27) FOR A 17
UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-171) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF
TYLER STREET BETWEEN CHESTNUT AVENUE AND WALNUT AVENUE IN THE RD-M ZONE. APPLICANT: SWEATTE
WHEREAS, on August 12, 1981 the Carlsbad Planning
Commission adopted Resolution No. 1844 recommending to the City
Council that Tentative Subdivision Map (CT 81-27) and
Condominium Permit (CP-171) 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
Tentative Subdivision Map (CT 81-27) and Condominium Permit
(CP-171); and
WHEREAS, said Tentative Subdivision 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.
B. That the findings of the Planning Commission in
Resolution No. 1844 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 81-27) and
Condominium Permit (CP-171) 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. 1844, dated August 12, 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
15th day of septder , 1981 - by the following vote,
to wit:
AYES:
NOES: l"ne
ABSENT: None
Council Wers Packard, Casler, Anear, Lewis and Kulchin
ATTEST :
R.. Rh-L
ALETHA L, RAUTENKRANZ, City Clerk \
(SEAL)
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EXHIBIT A TO CITY COUNCIL RESOLUTION NO, 6667
PLANNING COMMISSION RESOLUTION NO, 1844
A RESOLUTION OF' THE PL29hTNTNG COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,, RECOMNENBING APPROVAL OF A
TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERPTIT TO DEVELOP 17 UNITS OH PROPERTY GENERALLY LOCATED ON THE
WEST SIDE OF TYLER STREET BETWEEN CHESTNUT AVENUE AND
WALNUT AVENUE IN THE RD-M ZONE,
APPLICP.,NT: SWEATTE eBSE.NO:----CT-81-27JCP-471----------~-~ _-__ --. --__-._-.-
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WHEREAS a verified application for certain properky
.op wit: 0
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Lot IO of industrial- tract in CacLsbad, according to
Map 1743 filed January 3, I923
Pas been filed with the city of CasJ.z,obad, and reC-erred to the
?banning Conmissiang and
WEEREAS said verified applicatian consti,tutes a
request as provided by Title 21 of the Carlsbad Mur?~.e?.paI Code;
3rd
WHEREAS, the Planning Comn~isofon did, on the 52th day
August, 2981, hold a duly noticed public hearing as
prescribed by Paw to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all prsons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Hap and Condominium Pe~mit,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 81-27/CP-171, based on the following findings and subject to the foll-owing conditions:
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APN: 204-070-14 &: i 9
Planning
Findings
The project is consistent with the city's General Plan since
the proposed density of 16.8 duEs/acre is within the density range of 10-2Q du's/acre speci.fi.ed far the site as indicated
on the Land Use Element of the General Plan and can be justified for the reasons stated in the .staEf report,
The site fs physically suitable far the type an6 c3ensj.t.y of
the development since the site is adequate in si.ze and shape
to accommodate residential development a& the density pro- posed 0
The project is consistent wP@h all city public facifj6ty pol- icies and ordi~a~~ces since:
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a) The Planning Cormnissian hasF by inclusion of an appro- pFiate condition to this project, insured that tho ffrral. map will. not be approved cralleas the City Counchl finids that: Sewer Service is avail.able tQ serve the project. XI3 addition, the Planning Can-rfij ssiar~ has added a cai-di.tion
that a note shall. $e pla.ced on the final map that
buildling permits may not he issued for the project urnless
the City Engineer determhes that sewer service is available, and building cannot occur within the project
unless sewer service resrrairzs available the Planning
Commission is satisfied that the requirements of the
public: facilities element of the General Plan have been
met insofar as they appiy tu E~WCX service for this pro-
ject,
adequacy of school facilities per letter dated June 45,
1984 *
The papent of park-in- lieu fees is recpimd as a
condition of approval,
will be ~equirsed as conditions of approval.,
The applicant has agreed and i.s re&iixcd by the i.nc9.usi' n
of an appropriate condition to pay a public facilities fee, Performance of that contract and payment of the fee will enable this body ta find khat public facilities will
be available concurrent with need as required by the
General Plan,
b) The Carlsbad Unified School. District will ensure
c)
d) All necessary public improvements have been provided or
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 as conditioned will not cause any signifi.cant environmental impacts and a Negative Declaration has been issued by the Planning Director on July 27, 1981 and approved by the Planning Commission on August 92, 1981 Bg
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;enera1 Conditions:
Approval' is granted for CT 8f-27/CP-l7~, as shown on
Exhibit( S) wA'~-nEf'' I dated June 23, 4981 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 apprczved unless the City Council finds
as of the tine of such approval. that sewer service is
available to serve the subdivision,
?phis project is approved upon the express condition that
building permits wilJ not be issu.e< for $evelopmerit of the subject property unless the CEGy Engineer determines; that. sewer facilities are avai1abl.e at the time of application for
such sewer permits and will. cor~ti~~ue to be availab1,c until
time af occupancy.
his project is approved rapctn the express conditiorr that' thc applicant shall pay a public facilities fec! as l-eqiiireci by City Couneii Policy MQ. 17, dated August 29, 5979, cm file
with the City Clerk and incarporated herein by referenceB art6 according to @ha agreement executed by the app%i.cant- for
papent of said fee a copy of that agreement dated June 18,
I981 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 paxk-in-l,ieu 'fees 'to the ci.ty, prior to the approval of the final map as requj.red by Chapter 20-44 of the Carlsbad Municipal Code,
approval of this request shall not excuse compliance k7itti all sections of the Zoning 0rdina.nce and all other applicable city ordinances in effect at time of: building permit
i5suanceo
Planning
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,
The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said
CC&ROs shall be submitted to and approved by the Planning
Department prior to final map approval.
The applicant shall prepare a detailed landscape and
irrigation plan which shall be submitted to and approved by
the Planning Director prior to the issuance oC buildi.ng permits.
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10) A11 landscaped areas shall he maintained in a heal.thy and
thriving condition, free from weedsF trash, and debris-
91) Any signs propssed for this devaKopment shall be desigried in conformance with the city's Sign Ordinance and shall. require review and approval of the Planning Department: pri+ar to
installation of such signs.
12) Trash receptacle areas shall be- enclosed by a 6 foot high
masonry wall with gates puzsuant to city standards, mcation of said receptacles shall be approved by the Bfannj,rrg
Director,
35) The grading for this project is defined as "reguhr grading-"
by Section 91 .Q6,37@(a) sf the Carl.sbad MuniciyaJ, Code, The
developer: shall submit a grading plan for approval. whi.ckr shall include all required draina.ge structures and any
reqLired erosion ~oi~terol mei=s~i~es The develuper sfial I zfco submit soils, ge~l~gie or compz\ctiorr reports if required arid shal-1 comply with all provisj-ons CJE Ckmpter 5 1 ,OG of the
Carlsbad Municipal Cade,
Public - Improvements -
16) The developer shall enter inta lien contract for the fut:uz"e improvement of a half street width oP Tyler Street along the
subdivision frontage prior ta aprovall. of the final ritap,
17') The owners of the subject prsperty shall execute a hoSd harmless agreement regarding drainage across the adj acerlt property prior to approval 02 the final map,
relocated a minimum of Is6 south from the front: property line,
. __._ ..-.
18) The security gates, as shown on Exhibit mA'P shali'be
Fire.Departmcnt
19) Additional on-site fire hydrant shall be required,
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PC RES0 81844 -4-
1) An all weather access road shall be maintained throughout
construction.
1) Water for fire protection shall be installed before
combustibles are placed on building site, subject: to the
approval of the fire Ma~shaEl,
key operated override switch, as specified by the Fire
Departmento
1) Proposed security gate systems shall be provided with nkncm''
3) All private dri,veways shall be kept clear of parked veknic1.e.s
at all times, and shall have posted "NO Parking/Fix:e
Eam/Taw way zone" pursuant to section 0 57 ~4,640 CarXshzd
r, MunieipaS, Code,
4) Fire retardant KOO~S are required on aff. structu.rss,
5) All, fire alarm systems fire hydrants extinguishing
systqrs automatic sprinklers and other sytems pertinent to the project shall, be submitted ta the Fire Depa3xrtent. for approval prior to construction.
:6) Building exceeding 3G,000 sq,ft, aggregate floor area shnll be sprinklexed or four-hour fire wal3.s wikh no operrirtgs
therein shall split the building into 10,000 sqe.ft, (or less) areziso
PASSEDp APPROVED AND ADOPTED at a regular meeting of the
TEannixag Commission of the city of CarIsbad, California, held an
the 12th 6ay of August, 19811 by the: following voter to wit:
AYES : Chairman Marcus Commissioners ~o~ilbotis Par-arow I
Schlehuber, Jose and Priestedt,
ATTEST :
PC RES0 #1844 -5-