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Home My WebLink About1981-11-17; City Council; Resolution 67211 2 3 4 5 6 7 8 9 10 11 12 n 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6721 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 o I- 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 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 , 198 I_ 1 by the following vote, to wit: AYES: NOES: ".e Council Members Packard, CAsler, hear, Lewis and Kulchin ABSENT: NOne RONALD C. PACKARD, Mayor ATTEST: (SEAL) 2. 3 .. ._ 1 2 3 4 5 *6 n- 7 E s 1C 11 1: 1: 11 1g 1 1 '1 1 2 2 2 i 2 2 f *; : EXHIBIT A 'TO 0 . CITY COUNCIL ,WSOLUTION NO. 6721 PLANNING COMMISSION RdSOLUTION NO. 1872 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 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 WHEREAS, a verified application for certain property CASE-NO:. . . -CT-81-34/cp-181 . -. - . - ~. . . . - -. . . ~ . - of wit: Lot 41 of La Costa Unit No. 1 according to Map Thereof No. 6117 filed June 3, 1968. as been filed with the city of Carlsbad, and referred to the 'lanning Commission; and WHEREAS, said verified application constitutes a .equest as provided by Title 21 of the Carlsbad Municipal Code; md WHEREAS, the Planning Commission did, on'the 14th day I€ October, 1981, hold a duly noticed public hearing as ?rescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons Sesiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Condominium Permit. NOWf THEREFOREf BE IT HEREBY RESOLVED by the Planning Commission as foiiows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 81-34/CP-181, based on the following findings and subject to the following conditions: Find ings : 1) The project is consistent with the city's General Plan since the proposed density of 13.3 du's/acre is less than the density range of 20-30 du's/acre specified,€or the site as indicated.on the Land Use Element of the General Plan. 1 2 3 4 5 "- 6 7 .. a 9 10 .. 11 3.4 15 16 17 1E 1s 2c 23 22 2: 24 25 26 .27 28 0 The site is physically suitablb for the type and density of the development since the site is adequate in size and shape to.accommodate residential development at the density. proposed and still meet all of the requirements of the Condominium Ordinance. The project is consistent with all city public facility policies and ordinances since: a) The applicant has recGived 6 edu's from the Leucadia County Water District. b) The Planning Commission has, by inclusion of an appropriate condition to this condominium permit and tentative subdivision map, insured that 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 €or 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 have been met insofar as they apply tu sewer service for this tentative map and condominium permit approval, c) School facilities will be provided by the San Dieguito High School District and Encinitas Union School District , d) Park-in-lieu fees are required as a condition of e) All necessary public improvements have been provided or approval. will be required as conditions of approval. .a f) 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, The proposed project is compatible with the surrounding land use since all of the surrounding properties have been or are being developed with condominium projects. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director, dated September 15, 1981, and approved by the Planning Commission on October 14, 1981. //// -2- //// PC RES0 # 1872 r" .. 0 a L. Cond it ions : General Conditions : b 2 *- 6 . 3 2) ,-' available to serve the subdivision. 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 sever service is 4 5 1) Approval is granted for CT 81-34/CP-187, as shown on Exhibit( s) l'At'-'lK1', 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. a 9 10 11 12 13 14 15 16 27 18 39 20 21 22 23 24 3) This project is approved upon the.express conditicn 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 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 payment of said fee a copy of that agreement dated August 3, 1981, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be, void, 4) This project is approved upon the express condition that the 5) The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final snap as required by Chapter 20.44 of the Carlsbad Municipal Code. 6) The applicant shall provide school fees to mitigate conditions 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. 7) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. 25 Planning Department.Conditions: /I 26 '27 28 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'approvcd by the Planning Director prior to- the issuance of building permits. //// PC RES0 #1872 -3- .. " . 3. 2 3 4 5 6 .7 n+ .. 8 9 10 11 .* 12 13 14 15 3.6 17 ' 18 19 20 21 22 23 25 26 .27. 28 9 I .. .. The appl cant sIIa e establish a homeowner's association and corresponding covenants, conditions and restrictions. Said W&R's shall be submitted to and approved by the Planning Department prior to final map approval. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of building All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 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 Department prior to installation of such signs. 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 Director. 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 y satisfaction of the Planning Department and Building Director . Approval of this tentative tract map shall expire eighteen months from the date of City Council approval unless a final map is recorded. applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Couhcil may impose new conditions and may revise existing conditions. permits. 6s An extension may be requested by the Prior to occupancy of any units, the,visitor parking spaces shall be signed and labeled to the satisfaction of the Planning Director. Engineering : 17) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 18) 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. //// "3 PC RES0 #1872 -4- 1 2 3 4 5 6 7 e 9 10 11 .i' 12 13 14 15 16 . -17 IS 19 20 21 22 23 24 25 26 '27 28 0 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, NOES : None. I Jose, Friestedt, and'L'Heureux. ABSENT: Commissioner Rombotis. ABSTAIN : None -__--_. ~ -._. ~ ...__._____ MARY MARCUS, Chairrnan CARLSBAD PLANNING COMMISSION ATTEST : JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION PC RES0-#1872 .. -5-