HomeMy WebLinkAbout1979-10-24; Planning Commission; Resolution 1553, 5.
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J. /I PLANNING COMMISSION RESOLUTION NO. 1553
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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 OF FIVE CONDOMINIUM UNITS LOCATED ON THE NORTH SIDE
OF LA COSTA AVENUE.
5 11 CASE NO. : CT 79-ll/CP-13
APPLICANT: HWEI-CHIH HSIU
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WHERE%, a verified application for certain property, I
Lot 405 of La Costa South, Unit No. 5, in the
City of Carlsbad, County of San Diego, according to Map thereof No. 6600, filed in the office of
the County Recorder March 10, 1970,
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provided by Title 21 of the Carlsbad Municipal Code; and 14
WHEREAS, said verified application constitutes a requez 13
Planning Commission; and 12
has been filed with the City of Carlsbad, and referred to t2
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1. The proposed development is consistent with the trend c 18
based on the following justification: 17
review, Log 574, and a Negative Declaration has been issued 16
WHEREAS, this project has been processed through envirc 15
development in the immediate area, and with applicable
-~ li 2. NO significant land form alteration is proposed.
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WHEREAS, the Planning Commission did, on October 10, 15 22
resources would be adversely affected by the project.
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Carlsbad Tract (CT 79-10) and Condominium Permit (CP-14) anc 28
be heard, said Commission considered all factors relating tc 27
all testimony and arguments, if any, of all persons desirinc 26
WHEREAS, at said public hearing, upon hearing and consj 25
consider said request; and 24
hold a duly noticed, public hearing as prescribed by law, tc
the following facts and reasons to exist:
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Findings
1) The proposed project is consistent with the General P~E since it is within the density range allowable under tk current general plan land use designation.
2) The site is physically suitable for the type of densit4
of the development since the site is adequate in size and shape to accommodate residential development at the
proposed density and still meet all the requirements of Chapter 21.47 (Condominiums) .
3) The project is consistent with all City public facility
policies and ordinances since:
a) The applicant is on the Leucadia County Water District's sewer allocation list, and sufficient sewer hookups have been reserved for the project.
b) The Planning Commission finds that sewer service is not available for this development as of the date of this approval. However, sewer service may be available in the future. 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 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 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 condominium permit and tentative map approval.
c) School fees to mitigate conditions of overcrowding are required at the time of building permits pursuant 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 required to comply with their rules and regulation
e) Gas and electric service will be provided by
San Diego Gas and Electric.
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f) Park-in-lieu fees are required as a condition of
approval.
g) All necessary public improvements have been either
provided or will be required as conditions of approval.
h) At this time, the City Council is not prepared to
find that all other public facilities necessary
to serve project will be available concurrent
with need. The Planning Commission has, by
inclusion of an appropriate condition, required
that the project contribute to the costs of such facilities. Since the development will pay its proportionate share of the public facilities which it will require, the City Council is satisfied that the requirements of the public facilities element of the general plan have been
satisfied.
4) The design of the development and required improvements will not cause any substantial environmental impacts, and a declaration of negative environmental impacts
has been made findings that:
a) The proposed development is consistent with the trend of development in the immediate area, and
with applicable plans.
b) No significant land form alteration is proposed.
c) No significant flora or fauna, nor any unique or historical resources would be adversely affected
by the project.
5) The proposed condominium project meets the criteria of
Chapter 21.47 (Condominiums) since:
a) Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate utilities and other requirements of the condominiu ordinance have been met or will be made conditions of approval.
b) The condominiums meet the design criteria of the
condominium ordinance since the overall plan is comprehensive, embracing land, buildings, 1andscaF nad their relationships.
WHEREAS, the Planning Commission, by the following vote
recommended approval of CT 79-ll/CP-13, subject to
certain conditions:
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CONDITIONS
1) This approval is granted for that portion of land descr
in the application, CT 79-11 /CP-13, and all attachment
thereto, and development shall occur substantially as s
on Exhibit A, dated 10/2/79, and Exhibits B, C-1, C-2,
D-2, E-1 and E-2, dated 8/9/79, except for modification 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.
4) 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 appli cation.
5) 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 c
such approval that sewer service is available to serve the subdivision.
6) 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 ti of occupancy. If the City Engineer determines that seb
facilities are not available, building permits will not
be issued.
7) 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 as recommended by the Fire Department.
8) 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.
9) Prior to the issuance of building permits, the applicar
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 thiE fee prior to final map approval.
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1 10) The applicant shall submit a revised site plan which sh
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expansion of the storage areas, which are located along
the building, adjacent to the common recreation area.
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Said revision shall be incorporated into the final cond minium plan and subject to the approval of the Planning
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Director.
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11) The final condominium plan shall contain a note specify
that utilities will be separately metered for each unit
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12) The applicant shall pay park-in-lieu fees prior to the
recordation of the final map.
13) 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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ABSENT: None 13
NOES : None 12
AYES : Schick, Rombotis, Marcus, Jose, Larson
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ABSTAIN: None
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foregoi
recitations are true and correct. \
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EDWIN S. SCHICK, JR!, Zha
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CARLSBAD PLANNING COMM\SS
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~ARLSBAD PLANNIN.G COMMISSION
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STATE OF CALIFORNIA 1 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
1 /,?< a& H < ~RPC : HKG ...I <,../ .CARLSBAD i PMNNZN'G COMMISS
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