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HomeMy WebLinkAbout1980-05-20; City Council; 6237-1; 6 Unit condominiumCITY OF CARLSBAD AGENDA BILL NO. 6237-Supplement 1 u Initial: Dept.Hd. DATE: May 20, 1980 | c> Afct DEPARTMENT City Attorney C. Mgr. Subject: SIX-UNIT CONDOMINIUM CASE NO: CT 79-20/CP-23(A) APPLICANT: HARRY FRIES Statement of the Matter The City Council, at your meeting of May 6, 1980, directed the City Attorney to prepare the necessary documents approving Tentative Subdivision Map (CT 79-20) and Condo- minium Permit (CP-23(A)). A resolution in that regard is attached. Exhibit Resolution No. /^ / ft3 Recommendation If the City Council concurs, your action is to adopt Resolution No. jj \ £3 approving CT 79-20 and CP-23 (A) Council Action 5-20-80 - Council approved staff recommendation. r O VINCENT F. BIONDO, JR.ATTORNEY - CITY OF CARLSB/1200 ELM AVENUE:ARLSBAD, CALIFORNIA 92008i-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 RESOLUTION NO. 6183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CON- DITIONS TENTATIVE MAP (CT 79-20) FOR A SIX- UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-23(A)) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE, BETWEEN VIEJO CASTILLA AND EL CAMINO REAL. APPLICANT: H. FRIES. WHEREAS, on March 26, 1980, the Carlsbad Planning Commission adopted Resolution No. 1616, recommending to the City Council that Tentative Map (CT 79-20) and Condominium Permit (CP-23(A)) 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 79-20) and Condominium Permit (CP-23(A)); 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. 1616 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 „:£ 8 *5 "ou. si 90ic! 1*52:-°^ tt 03e 3I- CC< I < 2 3 4 5 8 10 11 12 13 14 15 • £ 8 o' 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 79-20) and Condominium Permit (CP-23(A)) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. Approval is granted for CT 79-20/CP-13(A) as shown on Exhibits A and B to CT 79-20/CP-23 (A) dated February 11, 1930, 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. 2. The location of the southernmost storage area and the northernmost visitor parking space shall be switched and redesigned subject to the approval of the Planning Director. Said change shall be noted on the final condominium site plan. 3. Prior to the issuance of building permits, 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 shall provide school fees to mitigate conditions 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. 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.' 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 application for payment of said fee. A copy of that agreement, dated February 22, 1980, is on file with the City Clerk and incorporated herein by reference. If said fee 2. mto . cc ~> 5 10 o: - H .fc o 7 8 9 10 11 12 8 13 | 14 § 15 Q- 16 1 17 18 " 19 20 21 22 23 24 25 26 27 28 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. 8. The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading permit prior to issuance of building permits. 9. Automatic garage door openers shall be installed by the applicant on all garage doors prior to final occupancy of any unit. 10. The applicant shall submit a detailed landscape and irrigation plan subject to the approval of the Planning Director prior to final map approval. Said plan shall indicate the utilization of drought tolerant plant species. 11. 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. All exposed slopes shall be hydromulched or otherwise stabilized prior to the issuance of building permits subject to the approval of the City Engineer. . . 12. Drainage improvements shall be constructed in accordance with an approved plan, and the work shall be coordinated with the overall plan for grading to the satisfaction of the City Engineer. 13. The applicant shall pay park-in-lieu fees to the City prior to the approval of the final map. 14. The applicant shall submit plans indicating the location of a trash enclosure on the site subject to the approval of the Planning Director prior to issuance of a building permit. 15. The applicant shall establish covenants, conditions and restrictions for the project. Said CC&R's shall be submitted to and approved by the Planning Director prior to the issuance of a building permit. Said CC&R's shall prohibit the placement of any structure or Jacuzzi within the 10' sewer easement unless an encroachment permit is obtained from Leucadia County Water District. 3. o PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the2Oth day of May • , 1980 by the following vote, to wit: AYES: Counciltnen Packard, Lewis and Anear; Councilwomen Casleand Kulchin NOES: None ABSENT: None JXX I - -.- RONALD C. PACKARD, Mayor - ALETHA L. RAUTENKRANZ, Ci/ty By Anita Back Murphy, Deputy City Clerk (SEAL) 4.