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
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CO8CN0)1200 ELM AVENUE^RLSBAD, CALIFORNIA*•<O
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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
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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.
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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.
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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- .
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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-