HomeMy WebLinkAbout1981-01-20; City Council; Resolution 6419I Y
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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
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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 \
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? 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 :
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1) The project i.s consistent with the city's general plan since
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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.
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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
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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.
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Location
Concrete wheel stops shall be prov;-d.ed two and one-half feet
from the end of each parking stall.
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Fire - Department
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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.
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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
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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
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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