HomeMy WebLinkAbout1981-10-06; City Council; Resolution 66831
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RESOLUTION NO. 6683
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-26) FOR A 24- UNIT CONDOMINIUM PROJECT AND APPROVING
CONDOMINIUM PERMIT (CP-170) FOR SAID PROJECT ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF NAVARRA DRIVE WEST OF VIEJO CASTILLA WAY. APPLICANT: LA BRETECHE, LTD.
WHEREAS, on August 26, 1981 the Carlsbad Planning
Commission adopted Resolution No. 1856 recommending to the City
Council that Tentative Subdivision Map (CT 81-26) and
Condominium Permit (CP-170) be conditionally approved: and
WHEREAS, the City Council of the City of Carlsbad, on
September 15, 1981, held a public hearing to consider the
recommendations and hear all persons interested in or opposed to
Tentative Subdivision Map (CT 81-26) and Condominium Permit
(CP-170); 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. 1856 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 81-26) and
Condominium Permit (CP-170) 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. 1856, dated August 26, 1981, 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
, 198 1 by the following vote, - 6th day of October
to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
ATTEST :
RONALD Cy PACKARD, Mayor
W H. CASLER, Vice Mayor
(SEAL)
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EXHIBIT A To CITY COUNa RESOLUTION NO. 6683
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PLANNING COMMISSION RESOLUTION NO. 1856
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A 24 UNIT TENTATIVE TRACT MAP AND
CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED
ON THE-NORTH SIDE OF NAVARRA DRIVE WEST OF VIEJO
APPLICANT: LA BRETECHE, LTD.
CASE NO: CT 81-26/CP-170
CASTILLA WAY
WI-IEREAS, a verified application for certain property,' to
wit:
All of lots 53, 54 and 55 of La Costa Unit No. 1 according to map 6117 filed in the County of San Diego.
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 26th day of
AGgust, '1981, hold a duly noticed public hearing as prescribed by
law, to consider said request; and :
WHEREAS, at said public hearing, upon hearing and considering
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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; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing,
the Cominission recommends APPROVAL of CT-81-26/CP-170, based on the following findings and subject to the following
conditions :
Findings
1) The project is consistent with the city's General Plan since
the proposed density of 18.5 du's/acre is below the density
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range of.20-30 du’s/acre specified for the site as indicated on the Land Use Element of the General Plan and the density
is similar to that of surrounding properties.
The site is physically suitable for the type and density of
the development since the site is adequate in size and shape to accommodate residential development at the density pro-
posed I.
The project is con9istent with all city public facility pol- icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropri- ate condition to this project, insured that the final map
-’will not be approved unless the City Council finds that sewer service is available to serve the project. In add-
ition, the Planning Commission has added a condition that a note shall be placed on the final map that build-
ing permits may not be issued for the 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 have been met insofar as they apply to sewer service for this project.
b) School fees will be paid to ensure the availability of school facilities in the Encinitas and San Dicguito school districts.
c) The payment of park-in-lieu fees is required as a condi-
tion of approval.
Al.1 nkcessary public improvements have ‘been provided or will be required as conditions of approval. d)
e) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities
fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will
be available concurrent with need as required by the General Plan.
E) Assurances have been given that adequate sewer for the project will be provided by the Leucadia County Water District.
The proposed project is compatible with the’ surrounding land uses since surrounding pkoperties are designated for residen-
tial development on the General Plan.
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PC RES0 1856 .-2-
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5) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the
Planning Director on August 5, 1981 and approved by the Plan- ning Commission on August 26, 1981.
Conditions of Approval
General:
Approval is granted for CT 81-26/CP-170, as shown on Exhibits
!'A" through "I", dated June 23,. 1981, incorporated by refer-
ence and on file in the Planning Department. Development
shall occur substantially as shown unless otherwise noted in these conditions.
This project is approved upon the express condition that the
final map shall not be approved unless the City Council finds
as of the time of such approval that sewer service is avail- able to serve the subdivision.
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.
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, dqted August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement execbted by the applicant for pay-
ment of said fee a copy of that agreement dated June 22,
1981, is on file with the City Clerk and incorporated herein
by reference. If said fee is not paid as promised, this ap-
plication will not be consistent with the General Plan and approval for this project shall be void.
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
of the Carlsbad Municipal Code., .
The applicant shall provide schiol fees to mitigate condi- tions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at
the time of building permit application. .
*
Approval of this request shall not excuse compliance with a11 sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issu-
ance .
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Planning Department:
8) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the
~ Planning Director prior to the issuance of building permits.
9) The applicdnt shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said
CCtrR's shall be submitted to and approved by the Planning
Department prior to final map approval.
10) The applicant shall prepare a.detailed landscape and irriga-
tiqn plan which shall be submitted to and'approved by the Planning Director prior to the issuance of building permits.
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If) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
12) Any signs proposed for this development shall be designed in
conformance with the city's Sign Ordinance and shall require review and approval of the Planning Dep,artment prior to in-
stallation of such signs.
13) Trash receptacle areas shall be enclosed by a 6 foot high
masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning Direc-
14) All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the
sound buffered from adjacent properties and streets to the satisfaction of the Planning Department and' Building Direc- tor.
tor .
Engineering Department:
15) The developer shall obtain a grading permit prior to the com-
mencement of any clearing or grading of the site.
16) The grading for this project is defined as "regular grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading' plan for approval which
shall include all required drainage structures and any re-
quired erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and .shall comply with all provisions of Chapter 11.06 of the
Carlsbad Municipal Code.
17) Additional drainage easements 'and drainage structures shall
be provided or installed as may be required by the County Department of Sanitation and Flood Control OK the City Engi- neer.
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PC RES0 1856 -4-
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8) The developer shall install street trees at the equivalent of
40-foot intervals along all public street frontages in con- formance with city of Carlsbad Standards. The trees shall be of a variety selected from the approved Street Tree List.
pire Department:
19) Additional public and on-site fire hydrants shall be required at locations to be determined by the Fire Department.
1) Proposed security gate systems shall be provided with "Knox"
key operated override switch, as specified by the Fire De- partment.
1) All private driveways shall be kept clear of parked vehicles
. at all times and shall have posted ''NO parking/Fire Lane/Tow Away Zone" pursuant to Section 17.04.040 of the Carlsbad Mun- icipal Code.
2) All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers and other.systeW pertinent to the pro- ject shall be submitted to the Fire Department for approval prior to construction.
3) Buildings exceeding 10,000 square feet aggregate floor area shall be sprinklered or have four-hour walls with no openings therein which shall split the building into 10,000 square
' feet (or less) areas.
!4) The parking garage shall be sprinklered unless required
25) All buildings or portions of buildings wherein the finished
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openings are provided.
floor level is below the elevation of Navarra Street shall be fully sprinklered.
dry standpipe system shall be installed unless said building
26) Due to poor fire access to the rear buidings, a horizontal
is fully sprinklered; -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 26th day of August, 1981, by the following vote, to wit:
AYES: Marcus, Rombotis, Farrow, Jose, Friestedt and L'Heureux
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MARY M.,;;dCUS, Chairman
. CARLS A PLANNING COMMISSION 0
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ATTEST :
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PC RES0 1856 'X -6-