HomeMy WebLinkAbout1979-10-24; Planning Commission; Resolution 15521- rc
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PLANNING COMMISSION RESOLUTION NO. 1552
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RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT FOR FIVE CONDOMINIUM UNITS LOCATED ON THE NORTH SIDE
OF NAVARW DRIVE, LA COSTA.
CASE NO. : CT 79-10/CP-14 APPLICANT : HWEI-CHIH HSIU
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WHEREAS, a verified application for certain property, t
Lot 55 of La Costa South, Unit No. 1, in the County of San Diego, according to Map thereof No. 6117, filed June 3, 1968
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a reques
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, this project has been processed through enviro
review, Log 575, and a Negative Declaration has been issued
based on the following justification:
1. The proposed development is consistent with the trend o
development in the immediate area, and with applicable
2. No significant land form alteration is proposed.
3. No significant flora or fauna, nor any unique or histor
resources would be adversely affected by the project.
WHEREAS, the Planning Commission did, on October 10, 19
hold a duly noticed, public hearing as prescribed by law, tc
consider said request; and
WHEREAS, at said public hearing, upon hearing and consi
all testimony and arguments, if any, of all persons desiring
be heard, said Commission considered all factors relating tc
Carlsbad Tract (CT 79-10) and Condominium Permit (CP-14) and
the following facts and reasons to exist:
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Findings
1) The proposed project is consistent with the General Pla
since it is within the density range allowable under th
current General Plan land use designation.
2) The site is physically suitable for the type and densit of the development since the site is adequate in size a shape to accommodate residential development at the pro posed density and still meet all the requirements of th
city's condominium ordinance.
3) The project is consistent with all City public facility
policies and ordinances since:
a) The applicant is on the Leucadia County Water Dist
sewer allocation list, and sufficient sewer hookuF
have been reserved for the project.
b) The Planning Commission finds that sewer service i not available for this development as of the date of this approval. However, sewer service may be available in the future. The Planning Commission 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 i 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 build-
ing permits may not be issued for the condominium
project unless the City Engineer determines that sewer service is available. Since the final map
cannot be approved unless sewer service is availal:
and building cannot occur within the project unleE sewer service remains available, the Planning Corn sion is satisfied that the requirements of the pul: facilities element of the General Plan have been n insofar as they apply to sewer service for this cc minium permit and tentative map approval.
c) School fees to mitigate conditions of overcrowdins are required at the time of building permits purst to Chapter 21.55 of the Carlsbad Municipal Code.
d) Water service will be provided by the San Marcos County Water District, and the applicant is requir
to comply with their rules and regulations.
e) Gas and electric service will be provided by San r
Gas and Electric.
f) Park-in-lieu fees are required as a condition of
approval.
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g) All necessary public improvements have been eithe:
provided or will be required as conditions of app:
h) At this time, the City Council is not prepared to
that all other public facilities necessary to ser’ the project will be available concurrent with nee(
The Planning Commission has, by inclusion of an a: priate condition, required that the project contr to the costs of such facilities. Since the devel1
ment will pay its proportionate share of the pub1
facilities which it will require, the City Counci
satisfied that the requirements of the public fac
element of the general plan have been satisfied.
4) The design of the development and required improvement:
will not cause any substantial environmental impacts, 2
a declaration of negative environmental impacts has bet
issued.
5) The proposed condominium project meets the criteria of
Chapter 21.47 (Condominiums) since:
a) Storage space, laundry facilities, open recreatior
areas, parking facilites, refuse areas, separate
utilities and other requirements of Section 21.47
have been met or will be made conditions of appro7
b) The condominiums meet the design criteria of Chap- 21.47.110 since the overall plan is comprehensive, embracing land, buildings, landscaping and their
relationships.
WHEREAS, the Planning Commission, by the following vote
recommended approval of CT 79-10/CP-14, subject to certain
conditions:
CONDITIONS
1) This approval is granted for that portion of land descl
in the application, CT 79-10/CP-14, and all attachments thereto, and development shall occur substantially as E on Exhibit A, dated 10/2/79; Exhibit B, dated 8/22/79; Exhibits C-1, C-2, D-1, D-2, E-1 and E-2, dated 8/9/79, for modifications required herein.
~ 2) The applicant shall comply with all rules and regulatic
of the respective sewer and water districts regarding water and sewer service to the subject property.
3) The applicant shall prepare a reproducible copy of the final condominium site plan incorporating all require- ments of the condominium permit approval, and shall be subject to the approval of the Planning Director.
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The applicant will provide school fees to mitigate conditions of overcrowding as part of building permit applications. These fees shall be based on the fee schedule in effect at the time of building permit applj
cation.
This subdivision and condominium plan is approved upon
the express condition that the final map shall not be
approved unless the City Council finds as of the time (
such approval that sewer service is available to serve
the subdivision.
This subdivision condominium plan is approved upon the
express condition that building or grading permits will
not be issued for development of the subject property
unless the City Engineer determines that such sewer
facilities are available at the time of application for
such permits and will continue to be available until tj
of occupancy. If the City Engineer determines that seb
facilities are not available, building permits will not
be issued.
In order to provide for fire protection during the con-
struction period, the applicant shall maintain passable
vehicular access to all buildings, and adequate fire
hydrants with required fire flows shall be installed a$
recommended by the Fire Department.
Street trees of a variety approved by the Parks and Rec tion Department shall be installed to City specificatic
at 40 foot intervals along all public street frontages.
Prior to the issuance of building permits, the applican
shall pay a public facility fee as established in City
Council Policy No. 17. The applicant shall enter into secured agreement with the City for the payment of this fee prior to final map approval.
The applicant shall submit a revised site plan which s2: expansion of the storage areas located along the buildi adjacent to the outdoor recreation area. Said revision shall be incorporated into the final condominium plan a
subject to the approval of the Planning Director.
The final condominium plan shall contain a note specify that utilities will be separately metered for each unit The applicant shall pay park-in-lieu fees prior to the recordation of the final map.
The applicant shall agree to modify the landscape plan (Exhibit "E") by substituting a more drought tolerant plant species for Lingustrum Texanum. In addition, the applicant shall agree to maintain and, if necessary, re-plant the sloping portion of the property for erosio
control purposes.
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AYES : Schick, Rombotis, Marcus, Jose, Larson
NOES : None
ABSENT : None
ABSTAIN: None
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foregoj
recitations are true and correct.
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CARLSBAD PLANNING COMMI"
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~Dwd s : SCHICK, &!' ihhi Y
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ATTEST :
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~ARLSBAD PLANNING COMMISSION
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e a ' STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD 1 ss
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I, JAMES C. HAGAMAN, Secretary to the Planning
Commission of the City of Carlsbad, California, do
hereby certify that the foregoing resolution was duly
introduced, approved and adopted by the Planning
Commission of the City of Carlsbad at a regular meeting
of said Commission held on the 24th day of October, 1979,
by the following roll call vote:
AYES : Schick, Rombotis, Marcus, Jose, Larson
NOES : None
ABSTAIN : None
ABSENT : None
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-.;:,.~*CARLSBAD PLANNI~NG COMMISS
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CT 79-10/CP-14