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HomeMy WebLinkAbout1981-01-20; City Council; Resolution 6419I Y w 1 2 3 4 5 6 7 8 9 10 2.1 12 0 a z is 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-41) FOR A 14-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-135) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF NAVARRA DRIVE, WEST OF VIEJO CASTILLO IN THE RDM ZONE. - __ - - -- WHEREAS, on November 26, 1980 the Carlsbad Planning Commission adopted Resolution No.1726 recommending to the City Council that Tentative Subdivision Map (CT 80-41) and Condominium Permit (CP-135) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on January 6, 1981, held a public hearing to consider the recommenda- tions of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-41) and Condominium Permit (CP-135); 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, 1726 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 * 1 2 3 4 5 6 7 8 9 10 11 12 n a 19 20 21 22 23 24 25 26 27 28 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 80-41) and Condominium Permit (CP-135) 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. 1726, dated November 26, 1980, 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 20th day of January , 1981 by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Casler, Anear, Lewis and Kulchin ABSTAIN: Council Member Packard RONALD C. PACKARD, Mayor ATTEST : a&bL #fa- ALETHA L. RAUTENKRANZ, City Clerk \ 2. s L 9 . 3 2 3 4 5 6 ';I 8 9 1.0 11 12 3- 3 14 15 26 17 38 19 2Q ex 22 23 24 25 26 27 2% ue ,i .. . "3 ? EXHIB~A TO CITY COUNCIL RESOLUTION NO. 6419 PLANNING CO>4I$ISION RESOLUTION NO. 1726 A RESOLUTION OF THE PLANNING COI.LhrlSSION OF THE CITY OF CAZLSBAD , CALIFORNIA , RSC3MMENDING APPROVAL OF A 14 UNIT CONDOMINIUI4 F'EWlZT AND TENTATIVE TRACT MAP 3N PROPERTY GEXETlnLLY LOCATED ON THE SOUTH SI3E OF X-AVARI?P- DF.IVC, WEST OF VIE30 CASTILLO IN THE RDM SONE. A?PLICAI!JT : ROY WARD CASE NO: --..-- w - CT 80-41/CP-135 --- WHEREASr a verified application for certain property to, p' Wit: Lot 40 of La Costa South Unit No. 1 according to map thereof Eo. 5117 filed in the offices of the County Recorder of San Diego County, June 3, 1968. hss been filed with the City of Carlsbad, and referred to the Planning Commission : and WHEREAS, said verified application constitutes a req-aest as provided by Title 21 of the Carlsbad lclunicipal Code; and WHERFAS, the Planning Ccnrnission did, on the 24th day of November, 1988, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Conmission considered all factors relating to the Tentati.vc T'ract Map and Condominium Permit. NOW, Y'HEXWORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B ) That based on the evidence presented at the public hearina, the Commission recoxmends APPROVAL of CT 8O-41/CP-135, based ~ri the following findinus and subject to the following conditions : ------I_ 1) The project i.s consistent with the city's general plan since c I 2 3 4 5 6 7 E z; 1c 12 It IC 2; 21 2! 2t 2'; 2t * \ the proposed clensity of 28.6 du's/acre is withj-r, the density range of 20-30 du's/acre specified for the site as h-dicai-,ed on the Laad Use Element of the General Plan and can be justified for the reasons stated in the steff report, *he site is physically suitable for 'the type and density of the development since the site is adegcate in size and shape to accommodate residential deve,lopment at the density propose6 and still meet all the requirements of the condominium ordinance. The project is consistent with all.city public facility plicies and ordinances since: a) b) The Planning Commission has, by inclusion of an The applicant has received 14 edu's from the Leucadin County Water District. appropriate condition to this condominiim permit aIzd tentative subdivision map, insured that the final map will. not be approved unless the City Council. fi-nds that sewer service is available to serve the project. In addition, the Planning Corrmission has added a conci-itior: that a note shali be placed on the final map that building permits may not be issued for the condominium project unless the City Engineer determhss that scxer service is available, and building cannot occur v7ith-h the project unless sewer service remains available, the Planning Ccmmission is satisfied that the requiremen:: of the public Zacilities elemsnt cf the general plan .have been met insofar as they apply to sev,7&~ service for this tentative map and condominium permit approval. School'facilities will be provided by the San Dieguito Union High School and Enchitas Union School Districts, c) d) Park-in-lieu fees are required as a conc?i.tion of approval e) All necessary public improvements have been provided or will be required 3.s conditions of approval. €1 The applicant has agreed and is required by the irxlusion 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 facj-lities will be available concurrent with need as required by the general plan. The proposed project is compat.ihle with the surroundixj land'use since the property to the east has been developed for high dcnsj. ty inu1tipl.c family residential purposes and the property to the north and west has been designated Csr development as hi.gh density multiple fariiily residential purposes. . , 3 Q 5 6 7 8 9 ic 21 2; 2: 24 2E 2E 27 2E 0 5) This project k7j-11 not caiise any significant environments impacts, and a. Declarati.on of Negative Environmental Impact has beez issued by the Plarninq Director on November 5, 1980, and approved by the Planning Commissior. on November ZG, 1980. .Y Zond it ions Approval is graxted €or CT 80-41/CP-135, as shown on Exhibits "A" - l'H'' dated November 14 1980 incorporated by reference and on file in the Planning Department. Development shall. occur substantially as shown unless othervri.2 noted in these conditions. 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 available to serve the subdivision. This project is ap2roved upon the express condition thzrt building permits shall not be issued for development of th.e subject property unless the City Engineer deternines that sewer facilities are available at the time of application for such sewer permits and will continue to be available? until time of occupancy. This project is approved upor? the express condition that the applicant sha1.l pay a public facilities fee as required by City Corulcil Poiicy No. 15, ciated Aug~st 29, 1979, on file with the City Clerk '2nd incorporated herein by relerence, and according to '--le agreement executed by the a2plicalt for payment of said fee a copy of that agreement dated October 2, 1-930, is en file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this applicztion will not be consistent with the General Plan and approval for this project shall be void. The applicant shall prepare a reproducible inylar of the final condominium site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance sf building permits. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved. by the Planning Director prior to final map approval. The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&K'S shall be submitted to and approved by the Planning Department prior to final map approval. The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final nap as required by Chapter 20.44 of the Caxlsbad Muni-ci.pal Code. RES0 111.726 -3- \ c 2. 2 6 7 8 9 .IO 12 12 313 i4 15 3.6 3-7 18 I9 20 22 22 23 24 25 26 27 28 0 \ The applicant shall. provide school fees to mitigate conditions of overcrowding as par :: of building permit application. These fces shall be based on the fee schedule in effect at the time of building permit appl-ication. Any signs proposer? for this development shall Be des3qned in conformance with the city’s sign ordinance and shall requi.re revfew and appmval by the Planning Department prior to installation of such signs. A91 landscaped areas shall be maintained in a healthy and thriving condition, free from weeds’, trash, and debris. Trash re,ceptacle areas shall be enclosed by a 6 foot high nasonry wall with gates pursuant to city standards. of said receptacles shall be approved by the Planning Dj-rector All roof appurtenmces, including air conditioners, shall be architecturally integrated and shielded from-view and the sound buffered from adjacent properties and streets to the satisfaction of the Planning Depzrtnent and Building Director. I 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 perxiit issuance. 4 \ Location Concrete wheel stops shall be prov;-d.ed two and one-half feet from the end of each parking stall. t. Fire - Department 19 20) 21) The parking garage shall be’protected by an aut0mati.c Elre sprbkler system pursuant to the Uniform Building Code and the Fire Code. A dry standpipe system for Fire Department use shall be installed as required by the Fire Marshall. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the locatj-on, shall be submitted to the Fire Department for approval . prior to construction. Fire retardant roofs shall be required on all structures and shall be approved by the Building and the Fire Department . The proposed security gate systems shall be subject to approval of both Police and Fire Departments prior to approval. of final map. In order to provide for fire protection during the constructio- period, the applicant shall maintain passable vehicular access to all buildings. In addition, adequate fire hydrants wi.th rcquirecl fire flows shall be installed on and off site as required by the Pire Department. -A- d$- I 1: 1: It 1C 1'; 1E 1s 2c 21 22 23 24 25 26 q 28 Parks and Recreation Department 22) All irrigation lines adjacent ta the sidewalk shall be setbac at least 12" from the sidewalk. 23) All slopes shall be planted with shrubs, trees and ground cover at the rate of one - 1 gallon plant per 225 square feel or 15' on center and hydroseeded with a seed mixture approvec by the Parks and Recreation Department, Engineering Department 27 A retaining wall shall be shown on the tentative map and site plan around the swimming pool. The developer shall obtain a grading permit prior to the commencement of any additional clearing or grading of the sit The grading for this project is defined as =regular grading" by Section 11,06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with city of Carlsbad standards, be of a variety selected from the approved street tree list. PASSED, APPROVED AND ADOPTED at a regular meeting of the The trees shall 9 Planning Commission of the City of Carlsbad, California, held on the 26th day of November, 1980, by the following vote, to wit: AYES: Marcus, Rxbotis, Larson, Jose, E'rkstedt NOES: ?*ne -SENT: Leeds ABSTAIN: L'Heureux h. *;-' ."td '-t ,-*-A */ zt- iTTEST: .% --e MARY MAReUS I Chairman CARLSBAD PLANNING CONMISSION L' 'C RES0 #1726