HomeMy WebLinkAbout1979-11-28; Planning Commission; Resolution 15621 0 0
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PLANNING COMMISSION RESOLUTION NO. 1562
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT FOR A
9 UNIT CONDOMINIUM PROJECT LOCATED AT THE NORTHEAST
CORNER OF UNICORN10 AND CACATUA.
CASE NO. : CT 79-16/CP-9
APPLICANT : MALTER
Whereas, a verified application for certain property,
wit:
Lot 514 of La Costa Meadows, Unit No. 3, according
to Map thereof No. 7076, as filed in the Office of
the County Recorder for San Diego County on October
6, 1971
has been filed with the City of Carlsbad, and referred to .
Planning Commission; and
WHEREAS, said verified application constitutes a requc
as provided by Title 21 of the Carlsbad Municipal Code; an(
WHEREAS, this project has been processed through envi:
mental review as required in Title 19, the Environmental PI
tion Ordinance. A Negative Declaration, Log No. 583, has 1
~ issued for the following reasons:
~ 1) The project site has been previously disturbed, and sc
public improvements have been installed, and therefor1
~ the proposed project would not result in any signific;
I adverse environmental impacts.
2) No significant flora, fauna nor any unique or historic
environmental features exist on the site or would be
impacted by the project.
3) The project is consistent with the City's current lanc
plan and generally with the developmental trend in thl Costa area.
4) The project constitutes urban infilling.
5) The proposed project is consistent with all requireme.
the Carlsbad Municipal Code.
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1 WHEREAS, the Planning Commission did, on November 14,
2 hold a duly noticed, public hearing as prescribed by law, .
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consider said request: and
WHEREAS, at said public hearing, upon hearing and con;
5 all testimony and arguments, if any, of all persons desiri:
6 to be heard, said Commission considered all factors relati]
7 the Carlsbad Tract (CT 79-16) and Condominium Permit (CP-9
8 and found the following facts and reasons to exist:
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1) The proposed project is consistent with the General Plan since it is within the allowed density range
due to the fact that additional and appropriate amenii
have been provided for this project including:
A) Well designed open space and parking which is we: integrated with the units;
B) There is ample parking available on the street fc visitors;
C) The driveway is not the dominant feature of the (
D) The walkways are well placed, safe and pleasant,
E) The project does not constitute a disruptive ela to the neighborhood.
18 2) The site is physically suitable for the type and dens of the development since the site is adequate in size
proposed density and still meet all the requirements ' the City's Condominium Ordinance.
19 and shape to accommodate residential development at t:
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3) The project is consistent with all City public facilil
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, since sewer serl may be available in the future, the Planning Corn has, by inclusion of an appropriate condition to
this condominium permit and tentative subdivisio~ insured that the final map will not be approved 1
the City Council finds that sewer service is ava:
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to serve the project. In addition, the Planning
Commission has added a condition that a note sha:
placed on the final map that building permits ma;
not be issued for the condominium project unless City Engineer determines that sewer service is a’ Since the final map cannot be approved unless sel
service is available, and building cannot occur
within the project unless sewer service remains i
able, the Planning Commission is satisfied that . requirements of the public facilities element of
the General Plan have been met insofar as they a]
to service service for this condominium permit and tentative map approval.
C) School fees to mitigate conditions of overcrowdil are required at the time of building permits pur;
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 requ. to comply with their rules and regulations.
E) Gas and Electric service will be provided by San Gas and Electric.
F) Park-in-lieu fees are required as a condition of
approval.
G) All necessary public improvements have been eith provided or will be required as conditions of
approval.
H) At this time, the Planning Commission is not pre
to find that all other public facilities necessa serve the project will be available concurrent w need. The Planning Commission has, by inclusion of an appropriate condition, required that the p
contribute to the costs of such facilities. Sin
the development will pay its proportionate share the public facilities which it will require, the City Council is satisfied that the requirements of the public facilities element of the General have been satisfied,
~ 4) The proposed project has been processed through envir mental review pursuant to Title 19 and a Negative Dec Log No. 583 has been issued.
WHEREAS, the Planning Commission, by the following vo
recommended that CT 79- 16/CP-9 be approved, subject to ce
conditions:
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Conditions
1. This approval is for CT 79-16/CP-19 as shown in Exhib:
A, B, C, D, E, F, G, dated September 13, 1979, on fill in the Planning Department, except for modifications : quired herein.
2. The applicant shall comply with all rules and regulat.
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 thc
final condominium site plan incorporating all require]
of the condominium permit approval, and shall be subjc
to the approval of the Planning Director.
4. The applicant will provide school fees to mitigate co of overcrowding as part of building permit applicatio
These fees shall be based on the fee schedule in effe the time of building permit application.
5. This subdivision and condominium plan are approved up
the express condition that the final map shall not be
approved unless the City Council finds at the time of approval that sewer service is available to serve the subdivision.
6. This subdivision and condominium plan are approved up
the express condition that building or grading permit will not be issued for development of the subject pro unless the City Engineer determines that sewer facili are available at the time of application for such per and will continue to be available until time of occup If the City Engineer determines that sewer facilities are not available, building permkts will not be issue
7. In order to provide for fire proteciton during the construction period, the applicant shall maintain passable vehicular access to all buildings, and adequ fire hydrants with required fire flows shall be insta as recommended by the Fire Department.
8. Street trees of a variety approved by the Parks and
Recreation Department shall be installed to City spec tions at 40 foot intervals along all public street fr tages.
9. The final condominium plan shall contain a note speci that utilities will be separately metered for each un
10. The applicant shall pay park-in-lieu fees prior to th
cordation of the final map.
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11. Laundry facilities shall be provided within each unit,
12. The yard areas for each unit shall be modified to pro'
minimum dimension for such open space is 10 feet.
13. The landscaped area to the east of the parking area SI
- for a minimum of 200 square feet of open space. The
be maintained in a manner acceptable to the Planning Director.
14. Prior to the issuance of building permits, the applici
shall pay a public facility fee as established in Cit; Countil Policy No. 17. The applicant shall enter intc
secured agreement with the City for the payment of th
fee prior to City Council action.
AYES: Schick, Rombotis, Friestedt, Marcus,
Jose, Larson
NOES : None
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the fore91
recitations are true and correct.
ATTEST:
h .e-?
,,/ l ' ' Q#T??&+ ~ '%T&?%&?/lH/A s C. HAGAMAN,.: Secretary ,/ i ., .i' .) <*
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STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO 1 CITY OF CARLSBAD 1 ss
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 28th day of November, 1979
by the following roll call vote:
AYES : Schick, Rombotis, Jose, Marcus, Friedstedt,
NOES : None
ABSTAIN: Leeds
ABSENT: None
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I/& +/:; "&,.A! r' dW,kA/B
"/ NTAMES C. +WAGATMA~; 'Seere
/' /+ARLSBAD PLAN~CNG COMMI
/' 1' ',
CT 79-16/CP-9
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