The URL can be used to link to this page

Home My WebLink About1979-08-07; City Council; Resolution 5873RESOLUTION NO. 5873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING CONDOMINIUM PERMIT (CP-6) FOR A TWENTY- THREE DETACHED DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED WEST OF ZAMORA WAY, BETWEEN ALICANTE ROAD AND ALMADEN LANE. APPLICANT: MORT O'GRADY. WHEREAS, on June 27, 1979 the Carlsbad City Planning Commission adopted Resolution No. 1527 recommending to the City Council that Condominium Permit (CP-6) be conditionally approved; and WHEREAS, The City Council of the City of Carlsbad, on July 3, 1979, held a public hearing to consider the recommendations of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Condominium Permit (CP-6); and WHEREAS, said Condominium Permit 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 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission constitute the findings of the City Council except for findings 3(b) and 3(e), which are disapproved and replaced by the following: Based on a letter from the responsible sewer agency, the City Council accepts the agency's representations that sewer service is available for this project and so finds. Since the conditions of approval provide that the final condominium plan cannot be approved unless sewer service is available and building can not occur within the project unless sewer service is available and sewer connection permits are issued, the City Council is satisfied that the requirements of the Public Facilities Element of the General Plan have been met as they apply to this condominium permit approval for sewer service. At this time the City Council is not prepared to find that all other public facilities necessary to serve this project will be available concurrent with need. The City Council has, by inclusion of an appropriate condition to this condominium permit, required that the project contribute to the costs of such facilities. Since the development will pay its proportionate share of the public facilities which it will require, the City Council is satisfied that the requirements of the Public Facilities Element of the General Plan have been satisfied. C. That said Condominium Permit, 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 Condominium Permit (CP-6) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1) Approval is granted for the portion of land described in the application, CP-6, and all attachments thereto; and develop- ment shall be performed substantially as shown on CP-6, Exhibi A, dated 6/5/79, Exhibit B, dated 5/31/79, and Exhibits C, D, and E dated 4/24/79, on file in the Planning Department office except for modifications required herein. The applicant shall comply with all rules and regulations of the Carlsbad Municipal Water District regarding water service 2) -2- 1 2 2 4 E U E 7 E 9 1c 11 19 20 21 22 23 24 25 26 27 28 to the condominium project. Should extensions to the exist- ing public water system be deemed appropriate by the Carlsbad Municipal Water District, the developer will be required to provide the complete system. In addition, the applicant shall submit to the City Engineer a letter from the Carlsbad Municipal Water District which approves in concept the proposed water system prior to final condominium plan approval. The applicant shall prepare a reproducible copy of the final condominium site plan incorporating all requirements of the condominium permit approval, and shall be subject to the approval of the Planning Director. The applicant will provide school fees to mitigate conditions of overcrowding as part of building permit applications. These fees shall be based on the fee schedule in effect at the time of building permit. This condominium permit is approved upon the express condition that the final condominium plan shall not be approved by the Planning Director unless the City Engineer finds as of the time of such approval that sewer service is available to serve the subdivision. This condominium permit is approved upon the express condition that building or grading permits will not be issued for develor ment of the subject property unless the City Engineer deter- mines that such sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy and that sewer connection permits have been issued by the responsible sewer agency. If the City Engineer determines that sewer facilities are not available, or connection permits are not issued,building permits will not be issued. The applicant shall submit to the City Engineer a letter from the Leucadia County Water District which approves in concept the proposed sewer system layout prior to final condominium plan approval. A looped water system and fire hydrants shall be provided by the applicant subject to the approval of the Fire Marshal. In order to provide for fire protection during the construc- tion period, the applicant shall maintain passable vehicular access to all buildings, and adequare fire hydrants with required fire flows shall be installed as recommended by the Fire Department. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted “NO Parking/Fire Access Lane. I‘ -3- 1 2 3 4 5 6 7 €3 9 10 11 12 0 d 19 20 21 22 23 24 25 26 27 28 16 17 21) /// The proposed landscape plan shall be modified as follows: at least 50% of the Eucalyptus Cladocalyx trees shall be installed 15 gallon size or greater: the Hedera Helix ground- cover shall be replaced with a more drought tolerant plant species. Street trees of a variety approved by the Parks and Recrea- tion Department shall be installed to City specifications at 40 foot intervals along all public street frontages. All condominium units shall be equipped with automatic garage door openers and trash compactors. Prior to occupancy of any units, the applicant shall establish covenants, conditions and restrictions for the condominium development which prohibits the erection or construction of any fence or barrier within the development between and/or around the individual dwelling units, except that a fence may be allowed which encloses only the patio area adjacent to each unit. Said CC and Rs shall be subject to the review and appro. of the Planning Director. Prior to occupancy of any units, the applicant shall establish a homeowners' agreement which stipulates that refuse will be collected from each unit and transported to the refuse area on at least a weekly basis by maintenance workers of the development. The developer shall install a 5' sidewalk contiguous with the existing curb along the Alicante Road and Zamora Way frontage to the satisfaction of the City Engineer prior to the occupanc: of any units. The developer shall install standard city street lights along all public street frontages to the satisfaction of the City Engineer prior to occupancy of any units. The developer must receive the approval of the City Engineer for the improvement plans, enter into the appropriate improve- ment agreement, post the required security for the constructio: of public improvements and pay the appurtenant fees prior to the issuance of building permits. The developer shall receive the approval of the City Engineer for a site grading plan prior to any construction being per- formed within the project site. The developer must obtain the necessary documents for the abandonment of the on-site drainage easement just off Zamora Way from the County of San Diego prior to issuance of building permits. The electric1 driveway gates shall be set back 15' from the property line. -4- e 0 22) The electrical driveway gates' opening mechanism shall be approved by the Fire Marshal prior to installation. 23) Prior to issuance of building permits, the developer shall pay a public facilities fee as it may be adopted by the City Council. Prior to approval of the final condominium plan arrangements satisfactory to the City Manager shall be made guaranteeing such payment. PASSED, APPROVED AND ADOPTED at a regular meeting of the 3arlsbad City Council held on the 7th day of ~~~~~t , 1979 ~y the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear, Lewis and NOES : None Counci lwoman Cas1 er /' RONALD C. PACKARD, Mayor ATTEST : (SEAL) -5-