HomeMy WebLinkAbout1979-12-12; Planning Commission; Resolution 1570!
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- - PLANNING COMMISSION RESOLUTION NO. 1570
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, RECOMMENDING APPROVAL OF AN
18 UNIT CONDOMINIUM DEVELOPMENT LOCATED ON THE
NORTHWEST CORNER OF EL FUERTE AND LUCIERNAGA
STREETS, LA COSTA.
CASE NO. : CT 79-12/CP-16 APPLICANT: M.ark Malter
WHEREAS, a verified application for certain property,
wit:
Lots 400 and 401 of La Costa Meadows, Unit No. 2
County of San Diego, according to Map No. 6905
filed April 21, 1971
has been filed with the City of Carlsbad, and referred to
Planning Commission: and
WHEREAS, said verified application constitutes a requl
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
Protection Ordinance.. An Environmental Impact Assessment
(No. 573) has been prepared and a Negative Declaration iss.
based on the following justifications:
1. The proposed development is consistent with the develc
in the immediate area, and with applicable plans.
2. No significant 1and.form alteration is proposed.
3. No significant flora or fauna, nor any unique or histc
resources would be adversely affected by the developmc
WHEREAS, the Planning Commission did, on November 28,
hold a duly noticed, public hearing as prescribed by law tc
consider said request: and
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WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all pel
desiring to be heard, said Commission considered all facto]
relating to the Tentative Tract Map and Condominium Permit
and found the following facts and reasons to exist: ll Bindings
1. The project is consistent with the City's current Genc
Plan since:
A. The project falls within the density range speci:
for the site and as indicated on the Land Use
Element of the Genral Plan;
B. The project qualifies for a density increase bey(
the suggested maximum since the topography and
geology of the site can safely accommodate the p:
density and sifficient on-site amenities, includ:
visitor parking, landscaping and open recreation
area, have been provided.
2. The site is physically suitable for the type and dens.
of the development since the site is adequate in size
and shape to accommodate residential development at tl
proposed density and still meet all the requirements (
Chapter 21.47 of the City's zone code.
3. The project is consistent with all City public facili.
I policies and ordinances since:
A. The applicant is on the Lucadia County Water District's sewer allocation list, and sufficien. sewer hookups have been reserved for the project
I B. The Planning Commission finds that sewer service is not available for this development as of the date of this approval. However, sewer service mi be available in the future. The Planning Commis: has, by inclusion of an appropriate condition to this condominium permit and tentative subdivisiol map, insured that the final map will not be apprc unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition tht
building permits may not be issued for the condo] project unless the City Engineer determines that
sewer service is available. Since the final map
cannot be approved unless sewer service is avail( the building cannot occur within the project
! a note shall be placed on the final map that
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unless sewer service remains available, the Plan
Commission is satisfied that the requirements of
the public facilities element of the General Pla
have been met insofar as they apply to sewer service for this condominium permit and tentativ
map approval.
C. School fees to mitigate conditions of overcrowdi are required at the time of building permits pursuant to Chapter 21.55 of the Carlsbad Munici Code.
D. Water service will be provided by the San Marcos Municipal Water District, and the applicant is required to comply with their rules and regulati
E. Gas and electric service will be provided by San
Diego 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. All other public facilities necessary to serve
the project will not 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 whi
it will require, the Planning Commission is
satisfied that the requirements of the public facilities element of the General Plan have been
satisfied.
4. The design of the project and all required improvemen
will not cause any significant environmental impacts,
and a Declaration of Negative Environemtnal Impact ha been issued for the project.
5. The proposed condominium project meets the criteria c
Chapter 21.47 (condominiums) since:
A. The condominiums meet the design criteria of chapter 21.47.110 since the overall plan is comprehensive, embracing land, building, land-
scaping, and their relationships, the driveways
are not dominant features, and sufficient circu-
lation and on-site amenities are provided.
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B. Storage space, laundry facilities, open recreati areas, parking facilities, refuse areas, separat
utilities and other requrements of Section 21.47
have been met or will be made conditions of appr
WHEREAS, the Planning Commission, by the following
vote, recommended approval of CT 79-12/CP-16, subject to
certain conditions:
Conditions
1. This approval is granted for that portion of land
described in the application CT 79-12/CP-16, and
development shall occur substantially as indicated on
CT 79-12/CP-16 Exhibit A, dated August 6, 1979, and
Exhibits B, C, D-1, D-2 & E, dated November 19, 1979,
(on file in the Planning Department and incorporated herein by reference), except for modifications requir herein.
2. The applicant shall prepare a reproducible copy of th
final condominium site plan incorporating all require
of the condominium permit approval, and shall be subj
to the approval of the Planning Director. In additic
the applicant shall submit for the Planning Director’
approval final building elevations.
3. The applicant shall comply with all rules and regulat of the respective sewer and water districts regardin2
water and sewer service to the subject property.
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 ap-
plication.
5. This subdivision and condominium plan is approved upc
the express condition that the final map shall not be
approved unless the City Council finds, as of the tin
of such approval, that sewer service is available to
serve the subdivision.
6. This subdivision condominium plan is approved upon tk
express condition that building or grading permits wi
not be issued for development of the subject propertl
unless the City Engineer determines that such sewer
facilities are available at the time of application i
such permits and will continue to be available until
time of occupancy. If the City Engineer determines
that sewer facilities are not available, building
permits will not be issued.
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7. In order to provide for fire protection during the cox struction period, the applicant shall maintain passab: vehicular access to all buildings. In addition adequ; fire hydrants and/or off site, stand pipes with requii fire flows shall be installed on and/or off site, as recommended by the Fire Chief or his designee.
8. Street trees of a variety approved by the Parks and Recreation Department shall be installed to City specifications at 40 foot intervals along all public
street frontages.
9. Prior to the issuance of building permits, the applici
shall pay a public facility fee as established in CiQ
Council Policy No. 17. This approval is expressly
conditioned that the applicant shall enter into a secured agreement with the City for the payment of th. fee prior to the approval of the resolution for this project by the Planning Commission.
10. The applicant shall pay park-in-lieu fees prior to thl
recordation of the final map.
11. The applicant shall agree to modify the proposed land
plan and substitute drought tolerant plant species fo.
the following plants: Erythrina Capfra; Tupidanthus
Calyptratus; and Gardenia Jasminoides. These changes
shall be noted on the final condominium site plan and
approved by the Planning Director.
12. The developer shall receive the approval of the City
Engineer for a site grading plan and obtain a grading
permit prior to any construction being performed with
the project site.
13. The proposed refuse container shall be relocated adja
to the carports as approved by the City Engineer. Th
revised location shall be indicated on the final
condominium site plan.
AYES : Schick, Rombotis, Jose, Leeds, Marcus,
Friestedt, Larson
NOES : None
NOW, THEREFORE, BE IT HEREBY RESOLVED that the forego
recitations are true and correct.
ATTEST : CARLSBAD PLANNING CO~
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CITY OF CARLSBAD 1 2
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
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I, JAMES C. HAGAllrlAN, Secretary to the Planning Commiss
I! of the City of Carlsbad, California, do hereby certify that
6 foregoing resolution was duly introduced, approved and adop,
by the Planning Commission of the City of Carlsbad at a reg'
meeting of said Commission held on the 12th day of December
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1979, by the following roll call vote:
AYES: Schick, Jose, Leeds, Larson, Rombotis, Marcus.
NOES: None.
ABSENT: Friestedt
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19 1 PC RES0 # 1570
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