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HomeMy WebLinkAbout1980-10-07; City Council; Resolution 63171 2 3 9 LC 11 12 0 1E 2( 21 2; 21 24 2: 2( 2'; 2€ RESOLUTION NO. 6317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-26) FOR A 38-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-107) GENERALLY LOCATED ON THE SOUTH SIDE OF NAVARRA DRIVE EAST OF VIEJO WAY. APPLICANT: KRIXORIAN. FOR SAID PROJECT ON PROPERTY WHEREAS, on August 27, 1980 the Carlsbad Planning Commission adopted Resolution No. 1682 recommending to the City Council that Tentative Subdivision Map (CT80-26) and Condominium Permit (CP-107) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on September 16, 1980, held a public hearing to consider the recommendations of the Planning Commission and to receive all reconmendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-26) and Condominium Permit (CP-107); and WHEREAS, Said Tentative Sub2ivision 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. 1682 constitute the findings of the City Council in this matter. C. That said Tentative Subdivision Map, together with 1 2 3 4 5 6 7 e 9 1c 11 12 Q 1G 2c 21 2: 22 24 2t 2t 27 2E 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. D. That Tentative Subdivision Map (CT 80-26) and Condominiun Permit (CP-107) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfactior of the conditions contained in Planning Commission Resolution No. 1682, dated August 27, 1980, marked Exhibit A, attached hereto and made a part hereof, and subject to the following additional conditions: "1. 2. 3. 4. The trash enclosures adjacent to units 22 and 23 shall be relocated to the satisfaction of the Planning Director and Coast Waste Management. The landscaped area behind units 22 and 23 shall be widened to 12 feet and paved with turf block to provide fire access to the satisfaction of the Planning Director. Signs shall be installed indicating that this area is to be used for emergency access only and speed bumps installed at 15 foot intervals. A fire hydrant shall be located adjacent to the southerly edge of unit 7 prior to the final occupancy of any units to the satisfaction of the Fire Marshal. All driveways shall beposl;.edwith signs stating 'No Parking, Fire Access Lanes'." PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 7th day of October , 1980 by the following vote, to wit: AYES : Council Members Casler, Anear, Lewis and Kulchin NOES : None ABSENT : Counci 1 Member Packard f RONALD C . //PACKARD, Mayor ATTEST : MARY H. CASLER, VICE-MAYOR ALETHA L. RAUTENKRANZ, City clerd (SEAL) Lots 19lf 192, 193 and 194 of La Costa south Unit IW.. 2 according to Map No. 6442 fj-lcd on August 26, 1969. has beeii filed with the City of Carisbad, and referred to the 15.w to consider szid request; and WI1EREAS I at said public hearis5 upon hearing and consi-dcring a13 testimony and arguments, if any, of all P~I~SO~IS desiring to be heardF said Coxmission considered all factors relating to the Tentative Tract Map ax7d Condominium. Permit, NOW, TIU3HEI'QREf BE IT HEREBY RESOLVED by the Planning Conmission as follows: A) That. the above recitations arti true and correct. a, ‘2 3 . .a 5 6 7 1. 8 9 12 3.4 15 16 3E 19 24 25 26 27 28 i 2) 3) 41 The site is physic:illy snitabl-c for the type and density of the development since khe site is adcquatc in size arid r;lic?pe to accommodate resj.dentjL&l development at the density and still meet al.1 the r4quircments of the condominium ordinance. The project is consistent with all. City public fac.ilit:y pcli’cies aad ordiizances since: a. The applicant has received 38 edtl’s from the Leacadia’ County ,water District. b. The Planning Corimission has, by inclus3-on of an appro- prlate condition to this condominium permit and tenta- tive subdivision map, insurcd that the fir;al map will not be approved unless the City Council fi:icls that sewer service is available to serve the project, In addition, the Planni.ng Comnission has added a conditio:: that a note shall be plac~d on the fina.1 map that building pemLts may not’ be issued for the condominium project iznlesS the Cit~7 Engineer determines khat sewer service 2s avail-able i‘ and building canslot occur wii;+n the project ’unless sewer service remains available I Lhc Planning Commission is satisfied that the requirements Qf the public facilities element of tne general plan . bye been met insofar as they apply to sewer service $or this tentative ,map and cond.ominium Fernit a;:,nrova~., e C, School Cacillitj”res will be pmvidcd by the San Dieguito Unjon Il2gh School and Encinitas Union Schocl1 T3istricts (I, park-in-lieu fees are required as a. condition cf approval td2.S, be required as conditions of approval. e, All necessary public improvements have heen provided ox fI The applican’c. has agreed and is required by khe inclu- slon of an appropriate condition to pay a public faci- l.Pt5:es fee, Pcrfcrmance of that contract and payment of the fee ~23.1 enable this body to find thnk pchijc Fac2Zities will be avaj.Za53.e concumrent with need as required by the General PJan. The proposed project is compatible with the surrounding 1 and use since the property to the south has been developed for multiple fami‘ly residential. parposcs. 3 Conditions 1) Approval is granted fox CT-80-26/CP-l07, as shown on Exhi- __1--_1_ bit(s) A - 11, dated August 14, 1980, h-~corporatcd by refer- ence and on file in tllc Planning Dcpartmcnt. Development sha3.1 occur scbstantially as shown unlcss otherwise noted in thcsc conditions .. I 2.2 1 2 3 7 '. 8 9 12 13 14 x 5' 16 2: 7 28 19 20 21 22 23 24 25 26 27 2) This project is approved upcn thc express condition f2ia-t- building pcrni-ts will- not be j-ssued for devehopment 0% the subject property ~nless thc: City Engineer dctcrrnines thzif-. SEWCI facilities are avzilablc at tile time of appliczi3.c;~ for such sewer permit$ ani! will continue to be availdhle until- time of occuparfcy . 3) This project is approved upon the express conditian that the final mzp sha3.3. not be approved unl..ess the City Council finds as of the time of such approval that sewer servj-cc is. available to serve the subdivision. 4) This project is appr~ved upon the express cond5tion that the applicant shall pay a public facilit."les fee as required by City Couizcil Policy No. 17, dated August 29, 197-9, on fiTe with the City Clerk and incorporated herein by reference, and according to the agreement copy of that agreement da Led May 15, 1980, is on file with tbe City Clerk and is incorp- orated herein by reference. If said fee is not paid as promised, this application will not be consis tent with the General Plan and approval for this project shall he void, final. condominium site plan incorporatiny the conditions coiitained hereh. Said site plan shall be submitted to and approved by the PlanEing Departi-nent prior- tc; the issuznce of building permits e 5) The applicant shall prepare a reproducible mylar of the 6) The ar,pJ-icent shall prepare a detaj1c.d landscape and irrj--- gation plan which shall. he submitted to ad apprc;7cd by the Planning Departmefit prior to final rnap approval, masonry wall with gabs pursuant to City standards. Losa- tion of said receptacles shall be approved by the Planning Degartmei1-k ?) Trash receptacle areas shall be enclosed by il 6 foot high 8) The applicant shall establish a hoTncov"xs association and corresponding covenants I condj.tions and res tric tioils Said CC!&R's shall be subrriitteed tc and approved by the Plenning Department prior to final map approval e 3) In order to provj.de for fire protection during the con- struction period, the applicant shall maintain passible vehi.cul.ar: access to all buildings a In addition, adequate fire hydrants with requirec? fire flows shall be installei! on and off site as required by the l?ire.Department. 10) The applicant shall install street trees to City speci.- fica,tioiis at 40 foot intervals along a11 publ-ic street fronta.ges prior to final accupancy of any building. The variety of said trees shall be suhject to the approval of the. Parks and Recreation Department e t 1 3 4 5 7 8 9 2. 10 3.1 i 2 13 15 3.8 3- 9 , 20 2 2. 22 23 The nppl5.cant sha3.l pay park-in-lieu fees to the City, prior to the approval of the fins3 ma-p as per Cizaptcr 20,411 of thc City' s subdivision regulations. The applj-cant shall pxovide school. fees to mitigaie condi- tions or' overcrowding as part OX building permit appli- cation. Thcse fees shall. be based on the fee schedule in effect 2-L the kime of boilding pernit aLJplication. Parking lot trees shall be a minimum 15 gallon size. Any signs proposed €or this development shall he designed in conformance with the City' s Sign Ordinance and shall require revi.ew and approval by the Planning Department prior to installation of such signs, ,332. landscaped areas shall be maFntai.ned in a healthy and thriving condition, free from weedsI trash, and debris A11 roof appurtenances, inc.2Eding air cond.itioners, shall be architecturally integrated an6 shielded from view and the sounci buffered from adjacer,t properties and sirreets to the satisfac Lion of the Planning Department and Building Deprt- men k Approval of 2his request shall not excuse coinpliance with all sections .or' the Zoning Ordinance and all other appli- cable. City or2:lnances in ef€ect at time oE building permit issuance, The developer shall receive the approval. of the City Engineer for a site grading pian and obtain a grading permit prior to issuance of building permits Grading s2;al.!. occur in accordance with an approved grading and erosion control plan, City standards, and an approved soils and geologic investigaxion report which shall- include slope stability calcul-ations and construction specifications. ALI exposed slopes shall be hydromulched or otherwise stabi- lized prior to the issuance of building permits subject to the approval of the City Engineer. Drainage 5 mprovements shall he constructed in accordance with an approved plan, and the work shall he coordinated vith the overall plan for grading to the satisfaction of the City Engineer. '!."he applicant shall. install automatic garage door openers prior to final occupancy of any units. The 10 foot Prolityard setback sha3.1 IJ~ heavily landscaped to the satisfaction of -:;he Planning L>ircctor prior to final occupancy 02 any uni. ts. In order to provise for Lire protection, adequate fire hydrants with reqaj-xed fire Ilows shal-l be installed on atzd off site as required by the Fire Marshall. All privijte driveways, shall be kept clear of parked vchj-cles at al-L times and have posted "NO Parking/Pire I,ane/Tocv' Aw2>7 Zoiie" as per condition in il'lunicipal. Codea k fire retardent rcof shal.1 he required on all stractures by Building and Fire Departnwit. Un'it No. 26 shall he redesigned to remove it from an exisking sewer easemen to this easeirtent shall require written permissi oil from Leucadi3 County 1\12 t e r D i s t r i c t . Drive in front of the proposed project shall be indicated on the final C0ndominiu.m Site Plan. Any patios, wal.kwnys or other paving in. Twelve on-street visitor parking spaces along Navarra PASSED, APPROVED AND. ADOPTED at a regular meeting of khe ?lai?ning Commission of the City of Carlsbadl, California, held on the 27th day of A~J..~us~, 1980, by the Following vote, to wit: : Schick, Larson, Marcus and Jose e NOES: None. ATTEST : a