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HomeMy WebLinkAbout1980-06-03; City Council; Resolution 61991 4 K v 9 1c 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 80-3) FOR A 14-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET IN LA COSTA. APPLICANT: H. FRIES. (CP-51) WHEREAS, on April 9, 1980, the Carlsbad Planning Commission adopted Resolution No. 1619, recommending to the City Council that Tentative Map (CT 80-3) and Condominium Permit (CP-51) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on May 20, 1980, held a public hearing to consider the recommendation; of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-3) and Condominium Permit (CP-51) ; 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 1972; 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. 1619 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 1 2 3 4 5 6 7 e 9 IC 11 12 D 1< 2( 2: 2: 2; 21 21 2t 2' 2t spplicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 80-3) and Condominium Permit (CP-51) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to satisfaction of the following conditions: Approval is granted for CT 80-3/CP51as shown on Exhibits A & €3 to CT 80-3/CP-51, dated March 31, 1980, on file in the Planning Department and incorporated by reference. Development shall occur substantially as shown on these Exhibits unless otherwise noted in these conditions. The applicant shall establish covenants, conditions and restrictions for the project and subject to the approval of the Planning Director prior to the issuance of building permits. Said CC&R's shall restrict improvements within the front yard setback for units 8-14 as follows: No fences greater than 42 inches may be permitted around any deck area; only wood decks up to 6 inches in height above the ground shall be permitted for these units and they may not encroach more than 3 feet into the front yard setback. In addition, said CC&R's shall prohibit the placement of any structure within the easements located along the eastern and western property lines, unless approval for such structure is granted by the holder of the easement. Prior to the issuance of building permits, the applicant shall prepare a reproducible copy (Mylar) 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 shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. This subdivision and condominium plan 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 available to serve the subdivision. This subdivision condominium plan is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at the time of application for such 2. 1 2 3 4 5 6 7 8 9 10 3.1 12 1I 2C 21 22 2: 24 2: 2E 27 2.5 permits and will continue to be available until time of occupancy. facilities are not available, building permits will not be issued. If the City Engineer determines that sewer This approval is expressly conditioned on the payment by the applicant of 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 application for payment of said fee. that agreement, dated 3/18/80, is on file with the City Clerk and incorporated herein by reference. fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading permit prior to issuance of building permits. Automatic garage door openers shall be installed by the applicant on all garage doors prior to final occupancy of any unit. The applicant shall submit a detailed landscape and irrigation plan subject to the approval of the Planning Director prior to final map approval. Said plan shall indicate the utilization of drought tolerant plant species, with an emphasis on screening units 8-14 located along Gibraltar Street. shall also delineate pedestrian pathways on both sides of the entry driveway connecting the on-street parking with the units. A copy of If said Said landscape plan The applicant shall pay park-in-lieu fees to the city prior to the approval of the final map. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 3rd day of /// /// /// /// /// /// /// 3. June , 1980 by the following vote, to wit: AYES: Councilmen Packard, Anear, Lewis, Councilwomen Casler and Kulchin NOES: None ATTEST : ALTEHA L. RAUTEN (SEAL) 4.