HomeMy WebLinkAbout1980-11-04; City Council; ; AB 6401-Supplement No. 1 15 unit condominium permit Applicant Thayer Case No. CP-125CITY OF CARLSBAD
AGENDA BILL NO. 6401-Supplement No. 1 Initial: /.
DATE: November 4 1980
Dept.Hd.
C. Atty. \J:-'t-h~l3
DEPARTMENT: City Attorney --------~--------~----------------c. Mgr. ~
Subject: 15-UNIT CONDOMINIUM PERMIT
APPLICANT: THAYER CASE NO: CP-125
Statement of the Matter
The City Council, at your meeting of October 28, 1980,
directed the City Attorney to prepare the necessary
documents approving Condominium Permit (CP-125) . A
resolution of approval has been prepared and is attached.
EXHIBIT
Resolution No. ~3 .s-o .
Recommendation
If the City Council concurs, your action is to adopt
Resolution No. (..J.rc approving Condominium Permit
No. CP-125.
Council Action:
11-4-80 Council adopted Resolution 6350, approving CP-125.
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RESOLUTION NO. 6350
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING
CONDOMINIUM PERMIT (CP-125} FOR A 15-UNIT
CONDOMINIUM PROJECT ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF COVE DRIVE.
APPLICANT: THAYER.
WHEREAS, on October 8, 1980 the Carlsbad City Planning
Commission adopted Resolution No. 1706 recommending to the
City Council that Condominium Permit (CP-125) be conditionally
approved; and
WHEREAS, the City Council of the City of Carlsbad, on
October 28, 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 Condominium Permit (CP-125); and
WHEREAS, said Condominium Permit has 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 as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission constitute
the findings of the City Council in this matter.
C. That said Condominium Permit, 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.
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D. That Condominium Permit (CP-125) is 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. 1706, dated October 8, 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 4th
day of November , 1980 by the following vote, to wit:
AYES:
NOES:
Council Members Packard, Casler, Anear, Lewis and Kulchin
None
ABSENT : None
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City cterk
(SEAL)
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EXHIBIT k TO C41r·COUNCIL
RESOLUTION NO, 6350
PLANNING COMMISSION RESOLUTION NO. 1706
' A RESOLUTION OF THE PLANNING COMHISSION OF
-THE CI'fY OF CARLSBAD, CLAIFOIUHA, RECOI1MENDING
APPROVZ\L FOR A 15 UNIT .CONDOHINIUH PROJECT ON
PROPERTY GENERJ4JLY LOCi'".TED ON THE EAST SIDE OF
COVE DRIVE.
·APPLICANT:
CASE NO:
'l'HAYER
CP-125 ------------------------------
WHEREAS, a verified application for.certain property
Lot l,·Carlsbad Tract No. 72-16 as per Map No. 7730,
recorded in the Office of the.County Recorder o~ San
Diego County on August 22, 1973.
tof'·
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS 1 said verified application constitutes a request
as provided by rritle 21 of the Carlsbad Hunicipal Code; and
.WHEREAS, the Planning Commission did,. on the 8th day of
October, 1980, hold a duly notice~ public hearing as prescribed
1~ by law to consi.der said request; and
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WHEREAS, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearingr
the Commission recommends 1\PPROVJ\L of CP-125, based on the
following findings and subject to the following conditions:
Findinqs:
1) The project is consistent with the City's General Plan since
the proposed density of 30 du's/acre is within the density
range of 20-30 du's/ac specified for the site as indicated
PC RESO .jt1706
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on the Land Use Element of the General Plan. Further, the
increased density can be jristified by the provisions of
increased amenities and good design as 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 accoiTmodate residential development at the proposed den-
sity and still meet all the requirements of the condominium
ordinance.
The project is consistent \'.ri th all ·city public facility
policies and ordinances since:
a) The Planning Commission has, by inclusion of an appro-
priate condition to this condominium permit insured
that building permits will not be issued unless the
City Council finds that sewer service is available
to serve the project, and building cannot occur within
the project unless sewer seryice remains available thusr
the Planning Commission. is satisfied that the require-
. ments of the public facilities element of the Genera.l
Plan have been met insofar as they apply to sewer service
for this ~nd condominium permit approval.
b) School facilities will be available to this project as
indicated by the Carlsbad Unified School District per
_letter dated, September 7, 1980 ~ _
c)
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Park-in-lieu fees have alre.ady been paid in conjunction
·with CT 72-16.
All-necessary public improvements have been provided or
will b~ ~equired as_ conditions of appr?val.
·Th~ applicant.has agreed and is required by the inclu-
. sion of an appropriate condition to pay a public faci-
lities fee. Performance of that contract and payment
of th~ fe~ will enable this body to find that public
facilities will be available concurrent with need as
re~uired by the General Plan.
On July 5, 1972 the Carlsbad tity Council approved CT-72-16
for the subject property. This map was recorded on August
22, 1973 and·a copy_is on file with the Carlsbad Engineer-
ing Department.
Approval is granted for CP-125 as shown on Exhibi-ts A -J,
dated September 25, 1980. Exhibits A -J are incorporated
by reference and -on file in the Planning Deparbnent. Carls-
bad Tract 72-16 is on file with the Carlsbad Engineering
Department .. Development shall occur substantially as
shown unless otherwise noted in these conditions.
PC RESO #1706
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This proje6t 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
sewe'r facilities are available at the time of application
for $UCh sewer permits and will continue to be available
until time of occupanay.
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
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
-August 7, 1980, is on filewith the City Clerk·and is incorp-
orated herein by reference. If said fee is not paid as
promisedr this application will· not be consistent \·lith the
General Plan and approval for this project shall be void.
The applicant shall prepare a r~producible mylar of the
final ·condominium site plan incorpor'ating the conditions
contained herein. Said site plan shall be submitted to and
approved by the Planning Deparbnent prior to the issuance of
building permits~ ·
The applicant shall prepare a detailed landscape and irri-
gation plan which shall be submitted to and approved by the
Planning Deparbaent prior to issuance of building permits. . " .
The applicant shall. establish a homeo-vmer' s associat.ion and
corresponding covenantsr conditions and restrictions. Said
CC&R 1 s shall be submitted to and approved by ·the F l.anning
Department prior to issuance of bullding permits and shall
contain a provision restricting the use of boat slips to
6ccupants of the project only.
The applicant shall install street trees to City speci-
fications at 40 foot intervals along all public street:
frontages prior to final occupancy of any building~ The
varie~y of said .trees shall be subjedt to the approval of
the Parks and H.ecrea'tion Department o
Any signs proposed for this developcient sha~l be designed iri
conformu.nce \..;ri th the City's Sign Ordinance and shall require·
review and apprqval by the Planning Department prior to
installation of such slgns. ·
All landscaped areas shall be maintained in a healthy and
thriving coridition, fre~ from weeds, trash, and debris.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and
sound-buffered from adjacent properties and streets to the
satisfaction of the Planning Department and Building Department
PC HESO #1706
1\.pproval of this request shall no'c ~xcuse compliance 'l.vi'ch
all sections of the zoning ordinance and all other applicable
~it~ o~dinances in effect at time of building permit issuance.
The developer shall obtain a grading permit prior to the
commencement of any ciearing or grading of the site.
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 cons.'cruction specifications ..
All exposed slopes shall be hydromulched or otherwise stabi-
lized prior to tpe issuance of building permits subject to
"the approval of the City Engineer. ·
The develo~er shall install on~ street light to City·standards
prior to the occupancy of any units.
In order to provide for fire piotection during the con-
struction period, the applicant shail maintain passible
vehicular access to all buildings. In addition, adequate
fire hydrants with r~quired fire flows shall be installed
on and off site ~s required by the Fire Department~
All conditions of CT 72-16 shall be complied with unless
qtherwise stated herein.
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· Pl'~SSED, APPROVED AND ADOP.TED at a regular meeting of the· 15 .
· · Planning Corrunission of the City of Carlsbad( California: held 16 . . .
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on the.8th day of October, 1980, by the following vote, to wit::
AYES: Commissioner pchick, Larson, Rombotis,· Marcus and
Jose.
NOES~ None.
ABSENT: Commissioner I.eeds and Friestedt.
ABSTAIN: None.
EDWIN s. scurc~, JR., chairman
CARLSBAD PLANNING COMMISSION
24 ATTEST:
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Jl\MES C. lll\Gl\.Ml\N, Secretary
27 Cl\RLSI3Td) PLANNING C0t1t1ISSION
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f>C HESO #1706 ..:.4-