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HomeMy WebLinkAbout1980-05-20; City Council; 6236-1; 17 Unit Condominium- Morrow/GoodmanCITY OF CARLSBAD\ __.,-.,. , , .,, AGENDA BILL NO. 6236-Supplement 1 u Initial: "" Dept.Hd. DATE: May 20, 1980 ;_ r Atty DEPARTMENT City Attorney C. Mgr. Subject: 17 UNIT CONDOMINIUM CASE NO; CT 79-26/CP-42 APPLICANT; MORROW/GOODMAN Statement of the Matter The City Council, at your meeting 6f May 6, 1980, directed the City Attorney to prepare the" necessary documents approving Tentative Subdivision Map (CT 79-26) and Condominium Permit (CP-42). A resolution in that regard is attached. Exhibit Resolution No. Is I £ H Recommendation If the City Council concurs, your action is to adopt Resolution No. fo/ff approving Tentative Subdivisi< Map CT 79-26 and Condominium Permit CP-42. Council Action: 5-20-80 - Council approved staff recommendation. 0 CDin • tc.5 <VINCENT F. BIONDO, JTTORNEY - CITY OF C^,. o 00 CNa>1200 ELM AVENUERLSBAD, CALIFORNIA1 <O - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o RESOLUTION NO. 6184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 79-26) FOR A 17-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-42) FOR SAID PROJECT ON A .72 ACRE PARCEL GENERALLY LOCATED ON THE EAST SIDE OF ROMERIA STREET BETWEEN LA COSTA AVENUE AND GIBRALTAR. APPLICANT: MORROW/GOODMAN. WHEREAS, on March 12, 1980, the Carlsbad Planning Commission adopted Resolution No. 1605, recommending to the City Council that Tentative Map (CT 79-26) and Condominium Permit (CP-42) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on May 6, 1980, held a public hearing to consider the recommendations of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 79-26) and Condominium Permit (CP-42); 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. 1605 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 COto 2 3 4 5 6 7 8 9 10 11 12 00 -1 1o 13 O "• D I9° i i2 v ^ oO r > P— t < tCJ *c «-l5 <E O "% "«2O CO> K , tt<, < O 14 15 k_ UJ *-* u; 8 Q 16 17 18 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 79-26) and Condominium Permit (CP-42) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. This approval is granted for that portion of land des- cribed in the application CT 79-26/CP-24, and development shall occur substantially as shown on Exhibit E, dated January 18, 1980, on file with the Planning Department (incorporated by reference herein) except for modifications required by these conditions. 2. The applicant shall comply with all rules and regulations of the respective sewer and water districts regarding water and sewer service to .the subject property. 3. 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. 4. The applicant will provide school fees to mitigate conditions of overcrowding as part of building permit applications. These fees shall be based on the fee schedule in effect at the time of building permit application. 5. 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. 6. 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 permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued. 7. In order to provide for fire protection during the construction period, the applicant shall maintain passable vehicular access to all buildings. In addition adequate fire hydrants and/or off site, stand pipes with required fire flows shall be installed on and/or off site, as recommended by the Fire Chief or his designee. 8. Street trees of a variety approved by the Parks and Recreation Department shall be installed to City specifications 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 at 40 foot intervals along all public street frontages. 9. 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 applicant for payment of said fee. A copy of that agreement, dated February 27, 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. 10. The applicant shall pay park-in-lieu fees prior to the recordation of the final map. 11. The applicant shall submit a final detailed landscape and irrigation plan subject to the approval of the Planning Director prior to the issuance of building permits. 12. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Access Lane Signs." 13. The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading permit prior to issuance of a building permit. 14. Grading shall occur in accordance with an approved grading and erosion control plan, city standards, and an approved soils and geologic investigation report (which shall include slope stability calculations and construction specifications). 15. Drainage improvements shall be constructed in accordance with an approved plan, and the work shall be coordinated with the overall plan for grading and erosion control. All facilities shall be maintained by the property owner in perpetuity. This condition excludes all drainage easements granted to the City of Carlsbad. 16. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control and/or the City Engineer. 17. All land and/or easements required by this subdivision shall be granted to the city, without cost to the city, and free of all liens and encumbrances.» 18. Immediately upon the completion of grading, all slopes in excess of 10 feet in vertical height shall be stabilized by hydroseeding, mulching and fertilization. The seed mix shall be designed by an expert in the field based on a soil analysis of the slopes taken at intervals as prescribed by the Parks and Recreation Director prior to issuance of building permits. The 3. 2 S| 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 seed mix shall be designed so as -to include the maximum number of indigenous species as feasible withoxit reducing the effectiveness of the erosion protection. The mulch shall be applied at not less than 2,000 Ibs./acre, or acceptable alternative. In addition, these slopes shall also be planted with fast growing, drought tolerant shrubs and trees (20 feet on center) and an adequate irrigation system shall be installed. 19. Automatic garage door openers shall be installed on each garage door prior to final occupancy of any unit. 20. The applicant shall submit an updated Title Report indicating the current owners to the Engineering Department prior to issuance of building permits. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 20th day of May _ , 1980 by the following vote, to wit: AYES: Councilmen Packard, Lewis and Anear; Councilwomen Casler and Kulchin NOES: ABSENT: RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, Citf By Anita Dack Murphy, Deputy City Clerk (SEAL) 4.