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HomeMy WebLinkAbout1979-12-12; Planning Commission; Resolution 1573t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28 0 e PLANNING COMMISSION RESOLUTION NO. 1573 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT FOR A TEN UNIT CONDOMINIUM CONVERSION BETWEEN ALGA AND IJNICORNI( LA COSTA. CASE NO. : CT 79-21/CP-24 APPLICANT : PACIFIC ENGINEERING WHEREAS, a verified application for certain property, to wit: Lot 421 and 422 of La Costa Meadows, Unit No. 3, in t City of Carlsbad, according to Map thereof No. 7076, filed in the Office of the County Recorder for San Diego County, California, October 6, 1971 has been filed with the City of Carlsbad, and referred to the 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, and has been found to be categorical exempt as per Section 19.04.090(a) (8) which exempts the division of existing multiple-family rental units from the environmental impact assessment process; and WHEREAS, the Planning Commission did, on November 28, 1979, hold a duly noticed, public hearing as prescribed 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 desiring to be heard, said Commission considered a T .I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I1 0 0 factors relating to the Tentative Tract Map and: Condominiui Permit (CT 79-21/CP-24) and found the following facts and reasons to exist: Findings 1) The project is consistent with the City's current General Plan since: a) The project does not exceed the suggested maximu density designated for this site by the City's land use plan and, at the same time, is of a sufficient density to justify development on thi site as proposed. b) All other public facilities necessary to serve t 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 facilitil 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. c) All other elements of the General Plan either do not apply to the project or have been satis- factorily met. 2) The project is consistent with all City public facili 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 m be available in the future. The Planning Commis has, by inclusion of an appropriate condition to this condominium permit and tentative subdivisio map, insured that the final map will not be appr unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition th a note shall be placed on the final map that 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 .2 ,' , 1 ,a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e and building cannot occur within the project unless sewer service remains available, the Planning Commission is satisfied that the requirc of the public facilities element of the General Plan have been met insofar as they apply to sewe: service for this condominium permit and tentativc 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 rl quired to comply with their rules and regulation e) Gas and electric service will be provided by San Deigo Gas and Electric. f) Park-in-lieu fees are required as a condition of approval. g) All necessary public improvements have been eithi provided or will be required as conditions of approval. 3) 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 t: proposed density and still meet all the requirements the City's condominium ordinance. 4) The design of the project and all required improvemen will not cause any significant environmental impacts since the project has been found to be categorically exempt from the Carlsbad Environmental Protection Ordinance as per Section 19.04.090(a)(8). 5) The proposed condominium project meets the criteria o Chapter 21.47 (Condominiums) since: a) The condominiums meet the design criteria of Chapter 21.47.110 since the overall plan is com- prehensive embracing land, building, landscaping and their relationships, the driveways are not dominant features, and sufficient circulation an on-site amenities are provided. b) Storage space, laundry facilities, open recreati areas, parking facilities, refuse areas, separat utilities and requirements of Section 21.47.130 have been met or will be made conditions of appr .3 .* I I. I 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 26 27 I 28 I ~ I WHEREAS, the Planning Commission, by the following vote, recommended approval of CT 79-21/CP-24 subject to x2rtaj.n certain conditions: Conditions 1) This approval is granted for that portion of land des- cribed in the application CT 79-21/CP-24, and develop1 shall occur substantially as shown on Planning Comisr Exhibit CT 79-21/CP-24 A-1 and A-2, dated November 21 1979, and Planning Commission Exhibits CT 79-21/CP-24 B-1, B-2 and C dated October 2, 1979, (on file in the Planning Department), and incorporated herein by reference, except for modifications required 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, ments of the condominium permit approval, and shall bl subject to the approval of the Planning Director, pril to final map approval. 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 application. 5) This subdivision and condominium plan is approved upo: the exress condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the application. ~ 6) This subdivision condominium plan is approved upon thl express condition that building or grading permits wi 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 fl 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. 7) 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. I 1 // // .4 . ' . ,; . I 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I I I ~ I 8) Prior to the final map approval, the applicant shall pay a public facility fee as established in City Counc Policy No. 17. This approval is expressly conditioned that the applicant shall enter into a secured agreemer with the City for the payment of this fee prior to the approval of the resolution for this project by the Planning Commission. 9) The applicant shall pay park-in-lieu fees prior to the recordation of the final map. 10) The applicant shall submit a detailed landscape and irrigation plan subject to the approval of the Plannir Director. Said plan shall indicate the utilization 01 drought tolerant plant species. 11) The applicant shall agree to modify the garage/storagc design subject to the approval of the Planning Directc prior to final map approval. 12) Separate water, gas and electric meters shall be prov: for each unit and a note to this effect shall be placc on the final condominium site plan. AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt, Larson NOES : None NOW, THEREFORE, BE IT HEREEY RESOLVED that the forego: recitations are true and correct. ATTEST : I <,/T ".- ." ./ ,,,.,,~%ARLsBAD PLANNING COMMISSION ,"? "7 21 ~ L&?&.&+ . .. 22 2@4ES C. BAGmmry A?v 23' ;,' j I' ., . .. I I. 24 25 26 27 28 .5 . .I c -,, . * a 0 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD 1 ss, I, JAMES C. HAGAMAN, Secretary to the Planning Commissi of the City of Carlsbad, California, do hereby certify that foregoing resolution was duly introduced, approved and adopt by the Planning Commission of the City of Carlsbad at a regu meeting of said Commission held on the 12th day of December, 1979, by the following roll call vote: AYES: Schick, Jose, Leeds, Larson, Rombotis, Marcus NOES : None , ABSENT: Friestedt 18 19 20 PC RESO # 1573 21 Page 6 /"-?.7 JmS C. HXGAMAN, .;;Secretary ', ,..."'CARISBAD PLANNIN~ COMMISS IC ,,' ,x' 1 .' .x' 2 22 23 24 25 26 27 28 -6