HomeMy WebLinkAbout1981-09-15; City Council; Resolution 66691
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RESOLUTION NO, 6669
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-25) FOR A 14 UNIT CONDOMINIUM PROJECT AND APPROVING
CONDOMINIUM PERMIT (CP-169) FOR SAID PROJECT ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF PINE AVENUE AND LINCOLN STREET.
APPLICANT: TIBERIO/PEACOCK
WHEREAS, on August 12, 1981 the Carlsbad Planning
Commission adopted Resolution No. 1849 recommending to the City
Council that Tentative Subdivision Map (CT 81-25) and
Condominium Permit (CP-169) 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 81-25) and Condominium Permit
(CP-169) ; 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. 1849 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
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conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 81-25) and
ondominium Permit (CP-169) are hereby approved subject to all
pplicable requirements of the Carlsbad Municipal Code and to
.he satisfaction of the conditions contained in Planning
:ommission Resolution No. 1849, dated August 12, 1981, marked
:xhibit 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
15th day of September , 1981 - by the following vote,
to wit:
AYES :
NOES: None
Council Meders Packard, Casler, hear, Lewis and Kdchin
ABSENT: None
/
ATTEST :
(SEAL)
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- PLANNING COMMISSION RESOLUTION NO, 9 - 849
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBADp CALIFORNIA, RECONKENDING APPROVAL OF A 14 UNIT CONDOMINIUM CONVERSION ON PROPERTY LOCATED
STREET
ON THE SOUTHEAST CORNER ap PINE AVENUE AND r"N
APPLICANT: TIBERIO-PEACOCK
WHEREAS I a verified ap9lication for certain property tar
The Westerly 155 feet of Trace 218 of 'a'hurit Land%
according ts Map 1681 Ziled December 9# I915
ias been filed with the city oE Carlsbad, and referred to the
WHEREASp the PI-anning Ccrmmksssian did, on the T%th day of
hold a duly noticed public hearing 'as prescri-bed by Sugust, 1984
law to consider said request; ard
WHEREAS at said public Izeaxrj.ng, upon hearing and
considering all testimony and arguments, i.f any, of alll persons
desiring to be heard, said Commission. considered all factors
relating to the Tentative Tract Hap 211d Condominium Permit:
MOW, THEREFOREp BE IT REREBY RESOLVED by the Planni.ng
Commission as follows: .A
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 81-25/CP-l69, based
on the following findings and suhzect to the following
conditions:
Findings:
1) The project is consistent with the city's General Plan since the proposed density of 23.7 du's/acre is within the density
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range of 20-30 du*s/acre specified for the site as indicated
on the Land Use Element of the General Plan,
The site is physically suitable for the type and density of the development since the site is adequate irr size and shape to accommodate residential development at the density
proposed
The project is consistent with all city public facility
policies and ordinances since:
The Planning Commission hasp by inclusion aE an appropriate condition ts this p~oject~ irisured 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 Pl&lning Corrdssisn has added a condition that a note r3ka.I.S. be placed on thc final map
that bui%din(q permits may not be issued for the prujeck unless the City Engineer deteumlnes that sewer service is
awai lablle and, build ing eannait occur wi. th irr the proj cct
unless sewer service remains availa.ble the PZzrnnincf Commission is satisEied that the requirements of the public: facilities element CIE the- General Plan have been
project e
indicated by the Carlsbad Unified Schcml District, pen: letter dated June 22, S 981 e
The paymerat of park-ir,- lieu fees is require6 as a
met ins63fam as they apply to se'wer service for this
Sehoal, facilities ~i3-1 be a\raillabls to this p~~sjeet as
- COJ2ditiOiI Of appKOVi%l,
WII necessary publ ic improvements have been provided or will be required as conditions oE approval,
The applicant has agreed and is require6 by the incXusLctn
of an appropriate condition to pay a public faci2iti.e.s fee; perfoxmanee of that corrtract and pa.yment of the fee will enable this body to fj-nc3 that public facilities will
be available concurrent: wit11 need as required. by the General Plan.
The prop~sed project is compatible with the surrounding
future land uses since surrounding propcrti cs are designated for residential development on the General Plan,
The proposed condominium project complies wi,th 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
provided.
RESO #lS49 -2-
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b) Storage spacep laundry facilities, open recreation areas, parking facilities refuse areas separate utilities and all 'other requirements of Secti.on 24 e 47 3 30 have been met or will be met by conditions of approval,
6) This project will not cause any signi,f icant environmental.
impacts, and a Notice of Friar Environmental CompLiance h;xs been issued by the Planning Director on July 2, 1981 and
approved by the Planning Commission on August 12, 9984
Conditions:
.onul
3) This project is approved upon the express condition that the
applicant shall pay a. public faciliti.es fee as requkeci by Ci.ty Council. Policy NO, "if 6ate6 hugust: 29, 1379, on file with the
City Cfsrk and incorporated herein by rez'erence arid according
to the agreement executed by the appli.cant: for yayritent of said fee a copy of that agreement dated June 22, 1981, is on file
.with the City Clerk and incorporated herein by reference, Xf said fee is not paid as pranised, this apQlication will. riot be
consistent with the General Plan arid approval. for this project
shall, be void-
The applicant shall pay park-h-v=-l~ieu fees to the city, prior to
the approval of the final map as required by Chapter 20-44 of
the Carlsbad Fiiunieipal Code,
Approval of this request sha3.1 not excuse compliance with all
sections of the Zoning Ordinance and all other applicable ci.ty ordinances in. effect at time OE buil-ding permit issuznce,
4)
5)
Planning
6) 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 I conditions and restrictions Said
CCstR's shall include a statement to the effect that the recreation room shall not be converted into a dwelling unit. These CC&R's shall be submitted to and approved by
the Planning Department prior to final map approval,
7)
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The applicant shall prepare a detailed landscape and irrigation plan which shall be submi.tted to and approved by the Planning Director prior to the issuance of revi,sed
building permits
All landscaped areas shall be maintained in a healthy and thriving condition I free from weeds, trash and debris
.
Any signs proposed for this development shall be designed in conformance with thk cityFs Si.gn Ordinarice and shall
require review and approval of the Planning I3repartment
prior to inS@allatiQn Of Such Signs,
All. roof appurtenances ,- including ail: condition@rs be ar&itectura%by integrated and rshieldeci from view and the sound buffered from adjacent properties and streets to
the satisfaction ~f the Planning Department: and Building Director
shall
1%) Applicant shall submit an enzgj,neere.d drainage pkm,
mitigating drainage problems on Pine- Avenue to the
satisfaction of the City Enginee~,
13) P,,C, overlay on Pine Avenue and Lincoln Street sIsa.bl extenci
past existing centenline of roads if necessar-y to provide
adequate drainage and traffic control,
?4} LhcsXn Street and Pine Aves-rrae sha3.I be lmprovcii by the developer along the subdivision fr~ntage hasod on 2
centerline to curb face width of 20 feet anii in conformanC&
with city of Carlsbad standards prior to occupanc:y of any buildings
15) The developer shall install a wheelchair ramp zit: the public street corner abutting the subdivision in confarmmce with
city of Carl-sbad standards prior to occupancy of amy
buildings,
Fire -Department
16) Proposed security gate systems shall. be provided with
"Knox" key operated override switches
Fire Department, as specjfj-ed by t.he
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PC RES0 H1849 -4-
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PASSED, APPROVED AND ADOPTED at a regular meetj.ng of the
Planning Commission of the city of Carlsbad, Californiap held
the 12th day of Wugust, 198Ip by the following vote, to wit:
Chain" MarcusB Commissioners Roxbotis, Farrowr
Schlehu.berr Jose and Friestedt, AYES:
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21 -5- PC RESO #I849