HomeMy WebLinkAbout1981-09-01; City Council; Resolution 66561
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RESOLUTION NO ,, 6656
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
TENTATIVE SUBDIVISION MAP (CT 81-11) FOR A 22-
UNIT CONDOMINIUM PROJECT AND APPROVING
CONDOMINIUM PERMIT (CP- 156) FOR SAID PROJECT ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF
NAVARRA DRIVE EAST OF VIEJO CA!;TILLA WAY. APPLICANT: LA COSTA GREENS.
WHEREAS, on July 22, 1981 the Carlsbad Planning
Commission adopted Resolution No. 1839 recommending to the City
Council that Tentative Subdivision Map (C'T 81-11) and
Condominium Permit (CP-156) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
August 18, 1981, held a public hearing to consider the
recommendations and hear all persons interested in or opposed to
Tentative Subdivision Map (CT 81-11) and Condominium Permit
(CP-156); 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 follaws:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 1839 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 applicable
general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 81-11) and
Condominium Permit (CP-156) 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. 1839, dated July 22, 1981, marked Exhibit A,
attached hereto and made a part hereof, with the exception of
General Condition No.1 which has been revised to read as
follows:
"Approval is granted for CT 81-11/CP-156, as shown on
Exhibit A, dated August 18, 1981 and Exhibit B - J, dated June 11, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions."
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
1st day of Septder , 1981 - by the following vote,
to wit:
AYES : Council Menhers Packard, Caslei:, hear and
NOES: None
ABSENT: None ABSTAIN: Council Wer Kul s RONALD C. PACKARD, Mayor
ATTEST :
A
oLL&-b #.6<&
XLETHA L. RAUTENKRANZ, City Clerk
( SEAL)
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@ii e EXHIBIT A TO CITY COeXL RESOLUTION No. 6656. I
PLANNING COrJNISSION RESOLUTION NO, 1839
A RESOLUTION OF THE PLANNING CClMEIISSION OF THE
CITY OF' CAKLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE SUBDiVISION MAP AND
PROPERTY, GENERPrLLY LOCATED Old THE WORTH SIDE
OF NAVARRA DRIVE EAST OF VIEJO CASTILLA WAY
APPLICANT: LA COSTA GREENS
CASE NO: CT 81-1.1/CP--156 *
CONDOMINIUM PERMIT TO DEVELOP 22 UNITS ON
WHEREAS, a verified application for certain property, to
wit:
Lots 186 and 187 of' La Cos'ta South Unit No. 2, in the County of San Diego, State of California, according to map thereof
No. 6462, filed in the Office of the County Recorder on
August 26, 1369.
has been filed with the City of Carlsbad, and referred to the
Planning Comiission; and t
WHEREAS, said verified application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commissi'on did, on the 22nd day of
July, 1981, hold a duly noticed public hearing as prescribed by
law, to consider said request; and .,
WHEREASr at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to
be heard, said Commission considered all factors relating to the
Tentative Tract Map and Condominium Permit: and
NOW, THEREFORE, BE IT HEREEY RESOLVED by the Planning Commis-
sion as follows:
(A) That the foregoing recitations are true and correct.
(13) That based on the evidence presented at the public hearing, the Commission recommends APPROVA'L of CT-81-11/CP-156, based on the following findings and sub,fect to the following condi- t ions :
APN-216-200-01,02 Y
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Findings
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The project is consistent with the city's General Plan since
the proposed density of 25 duss/acre is within the density
range of 20-30 du's/acre specified for the site as indicated on the Land Use Element of the General Plan and the density can be justi€ied for the reasons stated in the Staff Report.
The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development.at the density pro- posed.
The project is consistent with a11 city public facility pol- icies and ordinances since:
The Planning Commission has, by inclusion of an appro-
priate condition to this project, insured that the final map will not be approved unless the City Council finds
that sewer service is available to serve the project. 113 addition, the Planning Commission has added a condition that a note shall-be placed on the final map that build-
ing permits may not be issued for the project unless the City -Engineer determines that sewer service is available , and building cannot occur within the project unless sewer service remains available, the Planning Commission is satisfied that the requirements of the public facilities
element of the General Plan have been met insofar as they apply to sewer service for this project,
School fees will be paid to ensure the availability of school facilities in the S~Q Dieguito and Encinitas Union school district.
The payment of park-in-lieu fees is required as a condi- tion of approval.
All necessary public improvements have been provided or will be required as conditions of approval.
The appiicant has agreed and is required by the inclusion
5% 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 facilities will be available concurrent with need as required by the General Plan.
Assurances have been given that adequate sewer for the
project will be provided by the Leucadia Water District,
The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan.
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5) This project will not cause any significant environmental impacts and a Eegative Ceclaration has been issued by the Planning Director on Flay 16, 1981 aind approved by the Plan- ning Commission on July 22, 1981.
General Conditions
Approval is granted for CT 81-11/CP-156, as shown on Exhi- bit(s) A-J, dated June .I1 , 1981 , 'incorporated by reference
and on file in the Pl.anning Department. Development shall occur substantially as shown unless, otherwise 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 avail- able to serve the subdivision.
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 sewer permits and will continue to he available until time of occupancy.
This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by
City Council Policy No. 17, dated August 29, 1979, on file
witb the City Clerk and incorporated herein by reference, aiid according to the agreement executed by the applicant for pay- ment of said fee a copy of that agreement dated March 20,
1981, is on file with the City Clerk and incorporated herein by reference, If said fee is not paid as promised, this ap-
plication will not be consistent with the General Plan and approval for this project shall be void.
The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal' Code,
The applicant shall provide school fees to mitigate condi- tions 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.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and a11 other applicable
city ordinances in effect at time of building permit issu- ance.
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Planning Conditions
8) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein.
Said site plan shall be suhmitted to and approved by the Planning Director prior to the issuance of building permits.
9) The applicant shall establish a homeowner's association and corresponding covenzrnts, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Planning
Department prior to final map approval,
10) The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the
Planning Director prior to the issuance of building permits.
14) A11 landscaped areas shall be maintained in a healthy and thriving condition, free froin weedsp trash, and debris,
12) Any signs proposed for this development shall be designed in conformance with the city's Sign Ordinance and shall require review and approval of the Planning Department prior to in-
stallation of such signs,
masonry wall with gates pursuant t.o city standards, Location of said receptacles shall be apprcrved by the Ylanning Direc- tor P
14) All roof appurtenances, including air conditioners, shall he architecturally integrated and shielded from view and the sound buffered from adjacent properties arid streets to the satisfaction of the Planning Department and Building Direc-
tor. -_
13) Trash receptacle areas shall be enclosed by a 6 foot high
Engineering- Conditions ,
15) The developer shall obtain a grading permit prior to the com- mencement of any clearing or grading of the site.
46) 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 re- quired 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
Car lsbad Municipal Code.
17) No grading shall occur outside of the limits of the subdivision unless a letter of permission is obtained froin the owners of the affected properties.
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8) Prior to the issuance .of a grading permit, the haul route
shall be submitted for review.and shall be approved by the City Engineer. A separate grading plan shall be submitted
and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
19) The owner of the subject property shall execute a hold harm- less agreement regarding drainage across the adjacent proper- ty prior to approval of the-final map.
months from the date of City Council approval unless a final
map is recorded.
plicant. discretion of the City Council. the City Council may impose new conditions and may revise
existing conditions e
21) Pursuant to the provisions of Section 20.20.050(1) of the
!O) Approval of this tentat.ive tract map shall expire eighteen
An extension may be r'equested by the ap-
Said extension.shall be approved or denied at the In approving an extension,
Carlsbad Municipal Code, a parcel map may be filed in lieu
of a final map. Whenever reference is made in these conditions to a final map, tlie reference shall apply also to
a parcel map filed in lieu thereof, 1
Fire -Department- Conditions
22) The parking garage shall conform to requirements of Section 3802 of the Uniform Building Code, 1979 Edition, i.e.,
provide required access openings or sprinkler the area,
23) Townhouse buildings shall be fully sprinklered p.er Carlsbad
Ordinance 82035 and $8087.
24) The proposed security gate systems shall be subject to appro- val of both Police and Fire Departments prior to approval of
final map,
25) A fire retardant roof shall be required on all structures by Building and Fire Department.
25) A11 fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the pro-
ject shall be submitted to the Fire Department for approval prior to construction.
Parks.and ,Recreation Conditions -\
27) No existing street tree shall be removed without prior appro-
val of the Parks and Recreation Department. ///
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
?laming Commission of the City of Carlsbad, California, held on
;he 22nd day of July, 1981, by the following vote, to wit:
AYES: Marcus, Farrow, Schlehuber and Jose
NOES: Rombotis, L'Heureux
ABSENT: Friestedt
ABSTAIN : None
PC RES0 # 1839