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Home My WebLink About1980-11-04; City Council; Resolution 6350RESOLUTION 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. B. That the above recitations are true and correct. 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. 11 1: u t If IC 2c 21 22 22 24 25 26 27 28 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: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: pjone ABSENT: lone RONALD C. PACKARD, Mayor ATTEST : (SEAL) -2- EXHIBIT A. TO Ce COUNCIL RESOLUTION NO.. 6350 PLANNING C0FP:MI:SSION RESOLUTION NO. 1706 -- -_1_ A liESOLUTION OF TIE PLANNING CO1?.IlkSSIO:J OF THE CITY OF CAXLSBAD , CLAII?Oi.PJIA, RECOI4?lEiSDING APPROVAL FOR A 15 UNIT CO?lDOI\IIWIUll PROJECT ON COVE DRIVE. APPLICA1.JT : THAY ER CASE NO: CP-125 PROPERTY GENEFG+LY LOCATED ON THE EAST SIDE OF WHEREAS, a verified application for "certain property to, wit; Lot I, Carlsbad Tract No. 72-16 as per Map No, 7730, recorded in the Office of the.County Recorder of San Dieyo County on August 22, 1973, has been filed with the City of CarLsbad, ar,d referred t~ th~ PI-arming Commission: and WHEREAS said vkrified application constitutes a request zcs provided by 'fLi3.e 21 of the Carlsbad 14unicipal Coc?e; and .WJICREAS, the Planning Comission did, on the 8th clay of October, 1980, hold a duly noticed publLc hearing as prescribed by law to consj.der said request; and 2 WHEREAS I at said public: hea-ring upon hearing and considering .. all' testimony and argumentsI if any, of a13- persons desiring to be heardp said Commission considered all factors relating to the Tentative Tract Map and Condominium Permit. NOW, TIIEREFORE, BE IT HEREBY RESOLVED by the Planning Conmission as follows: A) That the above recitations are true and correct. ... B) That based pn the evidence presented at the public hearleng, the Commission rccominer,ds APPEOVAL of CP-125, based on the following findings and subject to the following conditions: I?indinq.r,: I_ 1) The project is consistent with the City's General Plan sirice the proposcd density of 30 du's/aci-e is within the density rangc: of 20-30 duts/ac specified for the site as indicated PC RES0 .#1706 3 3 E .. . .; 4 E '. ZC . II 12 14 22 ,24 25 26 2.7 28 on the Land Use Elcmefit; of the General. Plan. Further, the increased density can be justified by the provisions of increased amenities and qood design as stated in the sta€f Kcport The site is physically suitable for the type and density of the development sin&? the site is adequate in size and shape to accomnodate residential development at the proposed den- sity and still meet all the requirements of the condominium ordinance The project is consistent with all'City public facility policies and ordinances since: a) ' The Planning Commrission 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 oceiir within the project unless sewer service remains available thus, the Planning Connj-ssion. is satisfied that the require- ments of the public facilities element of the General Plan have been met i.nsofar as they apply to sewer service for this 'and condominium permit approval e School facilities will be available to this project as indicated by the Carlsbai Unified School District per letter dated, September 7, 1980, Park-in-lieu f'ecs have a1re.ad.y been paid in conjuhctim A31 necessary public improvements have been provided or will be .required as. conditions 0% approval e The applicant'has agreed and is required by the inclu- sion of an appropriate condition to pay a public faci- lities fee, of the fee will enaSle this 'body to find that public facilities will be available concurrent with raced as recjuired by the General. Plan, b) .. "* e) with CT 72-16, d] e) Performance of that contract and paynent On July 5, 1972 khc Carlsbad City Council approved CT-72-fG for the subject property. This map was recorded on August 22, 1973 and.a copy is on file with the Carlsbad Enginzer- ing Department. :o'nd i t ions J h) Approval is granted for CP-125 as shown on Exhibits A - 3, dated Septcrnber 25, 1980, Exhibits A - J are incorporated by reference and on file in the Planning Department, bad Tract 72-16 is on file with the Carlsbad Engineering Eepartmcnt. . DevcLopmcnt shall occur substantially as shown unless otherwise noted i.n these conditions ~ Carls- -2- --.> - 1 2 3 4 5 '. 6 1 8 3.0 * 12 13 2.4 15 ~ 28 is . 20 22 24 25 26 27 20 This project is approved upon the express ccsnciition that building permits will no, be issued 5or development of the subject property unless the City Enginesr determines that sew& facilities are available at the time of application for such sewer permits and will. continue to be available until time of occupancy. This project is approved upon the express condition that the applicant shall pay a public facilities Eee 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 agrccrnent dated -August 7, 1980, is on file with the City Clerk'and is incorp- orated herein by reference, promised, this application will not he consistent vith the General Plan and approval for this project shall bs void, The applicant shall prepare a reproducible nylar of the final condominium site plan incorpor'ating the conditions contained herein. Said site pl'an shall be submitted to and approved by the Planrhng Department prior to the issuarlce 05 building permits The applicant shall prepare a detailed Xandscape and 5rri.-e gation plan whlch shall. Planfiiny Cepartrnent prior to issuance sE kuiXding permits, If said fee is not paid as submit-ted to and approved by the The applicant shall estabxish a homeowner's associat.ion and corrcsponding covenants, conditions and restrictions. Said C@&R's sIial.1 be subinitted to and approved by -the EI.anning Department prior to issuance of building permits and shall contain a provision restricting the use of boat slips to occupants of the project only, The applicant shall install street trees to City speci- fications at 40 feet intervals along a13 p~blic street frontages prior to final occupancy of any building, variety of said trees shall be subject to thz approval of the Parks and Iiecre;r%ion Department The Any signs proposed for this development sha&l be designed in confomance. with the City's Sign Ordinance and slmil require. review and approval by the Planning Dcpartrrlent prior to installation of such signs. All landscaped areas shall be maintained in a healthy and thriving condition I free from weeds trash, and debris All roof appurtcnances, includtng air conditioccrs ~ shall be architecturally integratcd and shielded from view and sound-buffcrcd from adjacent properties and strccts to the satisfaction of the Planning Department and Building DcpartIner,-t 2. 2 4 : 6 7 8 9 '. 10 11 1% 2.2 14 3, E 1E 1% 2; 2; 2'4 2'; 2E Approval of this requcst shall no'c .excuse compliance with all. sections of the zoning ordinance and all. other applicable city, ordinances in effect at time of building permit issuance, The developer shall obtain a grading permit prior to the commencement of any cIearFng or grading of the site. Gradj-ng shall occur in accorciance with an approved grading arid erosion control plan, Cit.y standards, and an approved soils and geologic investigation report which shall include slope stability calculations and con2cruction specifications, AI1 exposed slopes shall be hydromulched or othexwkse stabi- lized prior to the issuance of building permits subject *Lo 'the approval of the City Engineer. The developer shall install on6 street light to City' standards prior to the occupancy of any units. 111 order to provide for fire protec-!ion during the con- struction period, the applicant shall maintain passible vehicular access to all buildings, In addition, adequate fire hydrants with required fire flows shall be installed on and off site as required by the Fire Department, All conditions of CT 72-16 shall be coinplied with unless ~therwise stated herein, 'Laming Comnissi.on of the CitI~9 of Carlsbad, Califcrnia, held )E the 8th day of October, 1380, by the foilowing vote, to wit: %YES: NOES: None, Commissioner Schicc, Larson, Rombotis,' Maregs and Jose .. ABSENT: Commissioner Ileeds and Friestedt. ABSTAIN: None I EDWIN s . SCIKIC~ I JR Chairman CARLSBAD PLANNING COXMISSION I ITTEST: J -4-