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Home My WebLink About1980-06-17; City Council; Resolution 62111 2 9 % 4 fi Y E 7 E 9 ZC 11 12 0 19 20 21 22 23 24 25 26 27 28 RESOLUTIOIJ NO. 6211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS CONDOMINIUM PERMIT (CP-36) FOR A 243-UNIT CONDOMINIUM PROJECT ON APPROXIMATELY 40.8 ACRES, GENERALLY LOCATED ON PIRAGUA AND VENADO STREETS, LA COSTA. APPLICANT: SHAPELL INDUSTRIES OF SAN DIEGO, INC. WHEREAS, on May 14, 1980 the Carlsbad Planning Commission adopted Resolution No. 1629 recommending to the City Council that Condominium Permit (CP-36) be conditionally approved: and WHEREAS, the City Council of the City of Carlsbad, on June 3, 1980, held a public hearing to consider the recommendations and hear all persons interested in or opposed to Condominium Permit (CP-36); 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.City Council concurs with the findings and decisions of the Planning Commission as expressed in Resolution No. 1629, on file in the Planning Department and incorporated by reference herein and, in addition, the City Council makes the following finding: "The possibility exists that this project may be considered a subdivision, requiring a new tentative map, and the applicant was so advised. At his express request, the the project was allowed to process based on a previous sub- division. The applicant is proceeding in spite of the City Attorney's warning at his own risk." 1 2 3 4 5 6 7 8 9 10 11 12 D '1 18 0 19 20 21 22 23 24 25 26 27 2e C. That Condominium Permit (CP-36) is hereby approved subject to all applicable requirements of the Carlsbad Municipal and to the satisfaction of the following conditions: Approval is granted for CP-36 as shown on Exhibit A to CP-36 dated 4/21/80, Exhibits B and D to CP-36 dated 4/8/80, and Exhibit C to CP-36 dated 12/14/79, 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. Improvements for Lot 290 as shown on Exhibit A dated April 21, 1980, are not specifically approved. The applicant has agreed to provide improvements on behalf of the city for Lot 290. Said lot shall be improved by the applicant concurrent with the construction of the units in Phase I, subject to the approval of the Parks and Recreation Commission and Planning Director. 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 prior to the issuance of building permits. This project 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 sewer facilities are available at the time of application for such building permits and will continue to be available at time of occupancy. This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by the 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 payment of said fee. A copy of that agreement,dated March 5, 1980, 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 the project cannot proceed and this approval shall be void. Covenants, conditions and restrictions are required for the entire project prior to the issuance of building permits for Phase I and shall be subject to the approval of the Planning Director. Said CC&R'S shall include provisions for the maintenance of all private streets, common areas and private pedestrian pathways serving the development (on and off-site) by the homeowners association, in perpetuity. -2- 1 2 3 4 5 9 LO 11 12 D 19 20 21 22 23 24 25 26 27 28 No individual lots as shown on CT 72-20 may be sold separately and all lots are to remain in common ownership. A condition requiring this shall be placed in the CC&R'S. Prior to the issuance of any building permits within a specific phase, the applicant shall submit an application for an adjustment plat and have a certificate of compliance recorded, removing any lot line which intersects proposed dwelling units. A separate adjustment plat is required for each lot line to be removed. The subject property shall be subject to the RD-M zoning standards as they relate to permitted and conditional uses, building height, setbacks and yards. The applicant shall fully comply with all requirements of the approved conditional Negative Declaration, EIR No. 626, dated December 19, 1979. The applicant shall submit a street name list consistent with city policy, subject to the approval of the Planning Director prior to issuance of building permits for Phase I. Prior to the issuance of building permits for Phase I, the applicant shall submit a detailed landscape, lighting and irrigation plan for the entire project subject to the approval of the Planning Director. Said plan shall utilize drought and salt tolerant plant species to the maximum extent feasible and indicate methods of low intensity lighting of common recreation areas and pedestrian walkways. Further, said plan shall include a 6' high decorative block wall separating and screening Lot 290 from the adjacent parcel to the west. The location of the common recreational areas shall be shown on the final condominium site plan numbered per Exhibit D dated 4/8/80, and subject to the approval of the Planning Director. The proposed pathway connecting the proposed development (Lot 279) with the existing La Costa Canyon Park shall be improved by the applicant and maintained by the homeowners association. This requirement shall be noted in the CCStR' S. The specific location and design of the community identity signs shall be subject to the approval of the Planning Director prior to the issuance of building permits for Phase I. The visitor parking area on Lot 285 and the two parking spaces located at the southern terminus of the parking area on Lot 274 shall be redesigned on the final condo- minium site plan, subject to the approval of the Planning Director. -3- 1 2 3 4 5 6 7 8 9 10 I1 19 20 21 22 23 24 25 26 27 28 All parking structures shall, be individual garages, equipped with garage doors and garage door openers. Fire retardent roofs shall be required on all structures A minimum eight feet "clear area'' adjacent to and around all multi-unit buildings shall be provided to the satisfaction of the Fire Chief or his designee. All private streets/driveways shall be posted "NO Parking". The design of all private streets and drainage shall be approved by the City Engineer. The structural section of all private streets and driveways shall conform to the City of Carlsbad street standards based on R-value tests. The minimum width of the private streets shall be 24 feet and each shall have a sidewalk along at least one side with a minimum width of four feet. All private streets, driveways and drainage shall be inspected by the city and the standard improvement plan check and inspection fees shall be paid prior to the issuance of a building permit. Street lighting along the private streets shall be installed prior to occupancy of each phase and shall be subject to the approval of the City Engineer. Sidewalks, street light heads and any other public street improvements not presently existing shall be installed to City of Carlsbad standards by the developer along all public streets adjacent to the subdivision prior to occupancy of any units which abut said frontage. A report of a soils investigation of the site and a grading plan shall be submitted by the applicant to the City Engineer prior to the issuance of a grading permit. All cut and fill slopes shall be no steeper than two horizontal to one vertical unless otherwise approved by the City Engineer. No fill slopes shall extend outside the subdivision boundary adjacent to San Marcos Canyon. Care shall be taken in grading to ensure that no debris crosses the subdivision boundary and goes into the canyon. All exposed slopes shall be hydroseeded or otherwise stabilized immediately upon completion of grading activities. All previously manufactured slopes which are to remain essentially intact shall be smoothed, recompacted and hydroseeded as may be required by the City Engineer. -4- 28) Prior to the issuance of building permits for Phase I, the applicant shall pay school fees to the San Diequito Union School District. schedule in effect at the time of building permit application. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the These fees shall be based on the fee 17th day of June , 1980 by the following vote, to wit: AYES:Council Members Packard, Casler and Lewis NOES: None ABSENT: Council Members Kulchin and Anear n \TTEST : -5-