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.
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VINCENT F. BIONDO, JR.ATTORNEY - CITY OF CARLSB/1200 ELM AVENUE:ARLSBAD, CALIFORNIA 92008i-o
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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
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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 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
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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.
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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)
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