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HomeMy WebLinkAbout1981-11-17; City Council; 6791-1; 6 Unit CT/CP - Trabert/PerrierCIT CARLSBAD — AGEND AB* 6791-1 MTG. 11-17-81 DEPT.CA TITLE: CT 81-34/CP-181 - TRABERT/PERRIER - 6- UNIT TENTATIVE TRACT MAP AND CONDO PERMIT SOUTH SIDE OF NAVARRA DRIVE. OPPT. HD. CITY ATTYV^^ CITY MGR. J^*- RECOMMENDED ACTION: If the City Council desires to approve Tentative Subdivision Map CT 81-34 and Condominium Permit CP-181, your action is to adopt Resolution No. (* "J £. I . ITEM EXPLANATION: The City Council, at your meeting of November 3, 1981, directed the City Attorney to prepare the necessary documents approving Tentative Subdivision Map CT 81-34 and Condominium Permit CP- 181. The resolution of approval is attached. EXHIBITS: Resolution No. (p *JSi I QLU OCC O.Q_ o 6 Oz3 OO O m€/>_i cc ^VINCENT F. BIONDO, J\TTORNEY - CITY OF C^•v o CO8CN0)1200 ELM AVENUE^RLSBAD, CALIFORNIA*•<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. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP ( CT 81-34) FOR A 6- UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-181) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF NAVARRA DRIVE, LA COSTA. APPLICANT: TRABERT/ PERRIER. WHEREAS, on October 14, 1981, the Carlsbad Planning Commission adopted Resolution No. 1872 recommending to the City Council that Tentative Subdivision Map (CT 81-34) and Condominium Permit (CP-181) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on November 3, 1981, held a public hearing to consider the recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 81-34) and Condominium Permit (CP-181); 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 follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission in » Resolution No. 1872 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 1 2 3 4 5 6 7 8 9 10 11 12 £ 8 13 '^S S g fe = i 14 §t|§ 15 z £ s D 16UJ Z (M rf0 SE " co It 1 17 Q 00 O 18 19 20 21 22 23 24 25 26 27 28 conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 81-34) and Condominium Permit (CP-181) 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. 1872, dated October 14, 1981, marked S 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 17th day of November , 198J^ by the following vote, to wit: AYES: Council Members Packard, CAsler, Anear, Lewis and Kulchin NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerki (SEAL) 2. •""** EXHIBIT A TO CITY COUNCIL RESOLUTION PLANNING COMMISSION RESOLUTION NO. 1872JE NO. 6721 * 'A RESOLUTION OF THE.PLANNING COMMISSION OF THE CITY p OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A . 6 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON , ' PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF NAVARRA DRIVE, LA COSTA. . APPLICANT: TRABERT/PERRIER CASE-NO:• •- -CT-81-34/GP-181 ; • • • • 5 WHEREAS, a verified application for certain property 6 to, wit: ' 7 ' •• Lot 41 of La Costa Unit No. 1 according to Map Thereof 8 No. 6117 filed June 3, 1968. 9 has been filed with the city of Carlsbad, and referred to the 10 Planning Commission; and 11 WHEREAS, said verified application constitutes a 12 request as provided by Title 21 of the Carlsbad Municipal Code; 13 and ' •\A WHEREAS, the Planning Commission did, on'the 14th .day 15 of October, 1981, hold a duly noticed public hearing as 16 prescribed by law to consider said request; and 17 WHEREAS, at said public hearing, upon hearing and 18 considering all testimony and arguments, if any, of all persons 19 desiring to be heard, said Commission considered all factors 20 relating to the Tentative Tract Map and Condominium Permit. 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 22 Commission as follows: 23 A) That the above recitations are true and correct. *24 B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 81-34/CP-181, based 25 on the following findings and subject to the following conditions: . . 26 Findings: . . . 27 1) The project is consistent with the city's General Plan since 28 the proposed density of 13.3 du's/acre is less than the density range of 20-30 du's/acre specified .for the site as .on the Land Use Element of the General Plan. 2) The site is physically suitabl^e for the type and density of n the development since the site is adequate in size and shape to.accommodate residential development at the density. o proposed and still meet all of the requirements of the Condominium Ordinance. 3 3) The project is consistent with all city public facility A policies and ordinances since: ««'a) The applicant has received 6 edu's from the Leucadia County Water District. b) The Planning Commission has, by inclusion of an 7 appropriate condition to this condominium permit and tentative subdivision map, insured tha't the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the condominium 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 13 have been met insofar as they apply to sewer service for this tentative map and condominium permit approval. 14 c) School facilities will be provided by the San Dieguito 15 High School District and Encinitas Union School District. 16 d) Park-in-lieu fees are required as a condition of 17 approval. 18 -"e) All necessary public improvements have been provided or will be required as conditions of approval. 19 f) The applicant has agreed and is required by the 20 inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and 21 payment of the fee will enable this body to find that public facilities will be available concurrent with 22 need as required by the General Plan. 23 4) The proposed project is compatible with the surrounding land use since all of the surrounding properties have been or are 24 being developed with condominium projects. v>- 25 5) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the 26 Planning Director, dated September 15, 1981, and approved by the Planning Commission on October 14, 1981. 2V. //// ////PC RESO # 1872 -2- ; 3" Conditions; ' "~~~ V —r-B.-r.L--i-. __r__- -:r—I 2 General ^ond i tions: •, 1) Approval is granted for CT 81-34/CP-181, as shown on Exhibit(s) "A"-"K", dated August 31, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2.) This project is approved upon the express condition that the final map shall not be approved unless the City Council finds « f as of the time of such approval that sewer service is available to serve the subdivision. 8 3) 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 be available until time of occupancy.' This note shall be placed on the final map. 12 4) This project is approved upon the express condition that the 13 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 15 payment of said fee a copy of that agreement dated August 3, 1981, is on file with the City Clerk and incorporated herein 16 by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and 17 approval for this project shall be. void. 5) 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 19 of the Carlsbad Municipal Code. 20 6) Tne applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit 21 application. These fees shall be based on the fee schedule in effect at the time of building permit application. 22 7) Approval of this request shall not excuse compliance with all 23 sections of the Zoning Ordinance and all other applicable city ordinances in effect at trme of building permit 24 issuance. ~ 25 Planning Department Conditions: 26 8) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein '27 Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits. //// . PC RESO #1872 -3- i~" ~ -•• ' ' 9) The applicant shall establish a homeowner's association and ^ corresponding covenants, conditions and restrictions. Said GC&R's shall be submitted tb and approved by the Planning o Department prior to final map approval. 2 10) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by A the Planning Director prior to the issuance of building permits. ., • 5 11) All landscaped areas shall be maintained in a healthy and g thriving condition, free from weeds, trash, and debris. 7 1?.) • Any signs proposed for this development shall be designed in / conformance with the city's Sign Ordinance and shall require 3 review and approval of the Planning Department prior to installation of such signs. 9 13) Trash receptacle areas shall be enclosed by a 6 foot high 10 masonry wall with gates pursuant to city standards. Location of sai'd receptacles shall be approved by the 11 Planning Director. 12 14) All roof' appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the 13 sound buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building 14 Director. 15 15) Approval of this tentative tract map shall expire eighteen months from the date of City Council approval unless a final 16 map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at 17 the discretion of the City Council. In approving an extension, the City Council may impose new conditions and 13 ' may revise existing conditions. 19 16) Prior to occupancy of any units, the visitor parking spaces shall be signed and labeled to the satisfaction of the 20 Planning Director. 21 Engineering; : 22 17) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 23 18) The grading for this project is defined as "regular grading" 24 by Section 11.06.170(a) of the! Carlsbad Municipal Code. The developer shall submit a grading plan for approval which 25 shall include all required drainage structures and any re- quired erosion control measures. The developer shall also 26 .' submit soils, geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the 27 Carlsbad Municipal Code. 28 ////PC RESO #1872 -4- . 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 Parks and Recreation . ' , ' 19) Any street trees removed or damaged for any reason shall be replaced by an "approved" species of equal size prior to final occupancy of-any units. PASSED, APPROVED AND ADOPTED at a regular meeting of the .Planning Commission of the city of Carlsbad, California, held on the 14th day of October, 1981, by the following vote, to wit: AYES: Chairman Marcus, Commissioners Farrcw, Schlehuber, / Jose, Friestedt, and'L'Heureux. NOES: None. ABSENT: Commissioner Rombotis. ' ABSTAIN: None. MARY MARCUS, Chairman CARLSBAD PLANNING COMMISSION ATTEST: JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION PC RESO #1872 -5-