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HomeMy WebLinkAbout1981-12-01; City Council; Resolution 6735I 2 3 4 5 6 7 8 9 ac 11 12 L3 2s 2: 2c 2: 2t RE LUTION NO. 67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-38) FOR A 22- UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-184) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF THE INTERSECTION OF CAMINO VIDA ROBLE AND LAS PALMAS DRIVE. APPLICANT: CARLSBAD INDUSTRIAL ASSOCIATES, LTD. WHEREAS, on October 28, 1981 the Carlsbad Planning Commission adopted Resolution No. 1880 recommending to the City Council that Tentative Subdivision Map (CT 81-38) and Condominium Permit (CP-184) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on November 17, 1981, held a public hearing to consider the recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 81-38) and Condominium Permit (CP-184); and WHEREAS, said Tentative Subdivision Map and Condominium Permit have been declared to be categorically exempt from the provisions 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. 1880 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 81-38) and Condominium Permit (CP-184) 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. 1880, dated October 28, 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 December , 1981 - by the following vote, to wit: AYES: Council Fhbers Casler, Anear, Lewis NOES: None ABSENT: Council tkUherS ATTEST : (SEAL) 2, 3 -< <I 3. 2 3 4 5 6 -7 E s IC 3-1 3.: 1: 11 Z! 1I 3.' . I4 1 2 2 2 2 2 2 2 <2 2 .. I .* 0. 0 EXHIBIT A TO CITY COUNCIL RESOLUTION NO. 6735 PLA?JNING COME-IISSION RESOLUTION NO. 1880 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSEAD, CALIFORNIA, RECOMMENDING AFPROVAL FOR A 22 UNIT INDUSTRIAL TENTATIVE TRACT MAP AND CONDC- MINIUM PERE4IT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF THE INTERSECTION OF CAMINO VIDA ROBLE CASE NO: CT-81-38/CP-184 WHEREAS, a verified application for certain property, to I' it: i' Lot 3 of Carlsbad Tract 73-49, Unit No. 1 according to map thereof No. 8054 filed December 31, 1974. Las been filed with the City of Carlsbad, 'lanning. Commission; and and referred to the WHEREAS, said verified applicatiQn constitutes a request as brovided by Title 21 of the-Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 28th day of lctober, 1981, hold a duly noticed public hearing as prescribed )y law, to consider said request; and WHEREAS, at said public hearing, upon hearing and considering 311- testimony and arguments, if any, of all persons desiring to De heard, said Commission considered all factors relating to the rentative Tract Map and Condominium Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis- sion as follows: e (A) That the foregoing recitations are true and correct. (€3) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 81-38/CP-184, based on the following findings and subject to the following conditions: - Findings 1) The proposed industrial tentative nap is consistent with the Land Use Element of the General Plan which designates this site 2s Planned Industrial. ... . ..- . ': , a '2 3 4 8 9 10 11 14 15 I€ 17 1E 1s ac 21 22 22 24 2: 2t 25 2E The site is physically suitable in size and shape for the proposed development since sufficient public improvements and adequate amenities necessary to serve the lot are provided without the need for excessive modification to the site. The project is consistent with all city public facility pol- icie,s and ordinances since : a) All necessary public improvements have been provided or will be available concurrent with need as required by the conditions of approval. b) 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 uses since surrounding properties have been developed with industrial uses or designated for industrial development. The Planning Director has determined that this project is categorically exempt from environmental review according to Section 19.04,070 (1) (€3) of the Carlsbad Environmental Ordi- nance. The applicant has given and. will give additional notice as specified in the Subdivision Map Act and the Carlsbad Municipal Code of the proposed conversion and right to purchase to the tenants of the project. The projece meets all development standards and design cri- teria of the condominium ordinance and under1ying.P-M zone relative to a non-residential condominium project. Conditions General Conditions: 1) Approval is granted for CT 81-38/CP-184, as shown on Exhibit( s) "Ait-" H", dated September 17, 1981, incorporated by reference and on file in the Planning Department. Develop- ment shall occur substantially as shown unless otherwise . noted in these conditions. 2) ' 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 avail- able to serve the subdivision. /// /// 2 3 4 5 6 7 8 ? J.8 $9 20 3) 4) 5) 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 pay- ment of said fee a copy of that agreement dated August 19, 1981, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this ap- plibation will not be consistent with the General Plan and approval for this project shall be void. The applicant has given and shall give additional notice of the conversion to all tenants as required by the Subdivision Map Act and 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 effect at time of building permit issu- ance. Planning Department: 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 approval of the final map. 7) The applicant shall establish an owner's association and cor- responding covenants, conditions and restrictions * Said CCStR's shall be submitted to and approved by the Planning Department prior to final map approval. 8) The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Planning Director prior to final map approval. All landscape improvements shown on this plan shall be completed prior to final map approval. All parking lot trees shall be a minimum of 15 gallons in size. 9) 10) A11 landscaped areas shall be maintained in a healthy and thriving condjtion, free from weeds, trash, and debris. 11) A comprehensive sign program shall be submitted to and approved by the Planning Director prior to approval of a final map. 12) Six (6) trash receptacle areas shall be provided and enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning Director. These enclosures shall be installed prior to final map approval. I// PC RES0 1880 L 3- ... ._ ....... .. . I .. . . . . . . :.. . . ... . . . . ... I .. .- . . 1 12 3 4 5 6 7 8 12 12 92 94 %E IE . . l'i ' 1E 1Z 2( 23 2: 21 24 2f 2t 2: 2I a L3) Approval of this tentative tract map shall expire eighteen An extension may be requested by the months from the date of City Council approval unless a final map is recorded. applicant. discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions. shall be clearly marked with pole signs denoting "Compact Cars Only". Said extension shall be approved or denied at the t 14) Prior to final map approval, the compact parking spaces 8 Fire Department: 15) The fire sprinkler system and on-site water hydrants shall be maintained by the owner's association. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, he]-d on the 28th day of October, 1981, by the following vote, to wit: AYES : NOES : ABSE?ST : ABSTAIN : MARY MARCUS, Chairman CARLSBAD PLANNING COMMISSION ATTEST: 6 JAMES C.' HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION