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HomeMy WebLinkAbout1980-01-23; Planning Commission; Resolution 1588. 1 1' A e 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 li 21 ~ 22 23 24 25 26 27 28 PLANNING COf4MISSION RESOLUTION NO. 1588 ~~ ~~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE AIRSPACE SUBDIVISION AND CONDOMINIUM FOR 5 UNITS ON APPROXIMATELY .367 ACRES LOCATED ON THE WEST SIDE OF JEREZ COURT, NORTH OF GIBRALTAR STREET. APPLICANT: JEREZ COMPANY CASE NO: CT 79-17/CP-20 ,- WHEREAS, a verified application for certain property, to wit: Lot 358 of La Costa South, Unit No. 5, in the City of Carlsbad, according to map thereof No. 6600, filed in the Office of the County Recorder, March 10, 1979 has been filed with the City of Carlsbad, and referred to th Planning Commission; and WHEREAS, said verified application constitutes a reques as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, this project has been processed through envirc mental review as required in Title 19, the Environmental Protection Ordinance. An Environmental Impact Assessment (Log No. 454) has been prepared and a Negative Declaration i based on the following justification: 1. The subject property is already graded and is devoid of any significant vegetation or wildlife. 2. The project is adjacent to existing urban development. 3. The proposed project is consistent with the General P1z WHEREAS, the Planning Commission did, on the 9th day of January, 1980, hold a duly noticed public hearing as prescri by law to consider said request; and WHEREAS, at said public hearing, upon hearing and consi all testimony and arguments, if any, of all persons desirinc 'd 0 0 1 the tentative tract map and condominium permit; and 2 to be heard, said Commission considered all factors relatinc 3 WHEREAS, the Commission has heard and denied applicatic 4 for a Variance for this project, (V-297); and 5 WHEREAS, the applicant has indicated his intent to appc 6 said denial to the City Council; 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 8 A. That the above recitations are true and correct. 9 Commission as follows: 10 11 B. 12 That if the City Council grants Variance 297 on appeal, the Planning Commission would recommend approval of CT 79-17/CP-20, based on the following findings and suk to the following conditions: 13 I Findings 1) The proposed project is consistent with the General Pla l4 I because: 15 16 17 a) The proposed project is within the density range allowed by the Land use Element. b) The proposed project as conditioned is consistent with all other elements of the General Plan, 1811 2) The proposed project is consistent with all City Public Facility policies and ordinance because: 19 20 21 22 I I 23 24 25 a) Five sewer permits have been obtained from the Lex County Water District. b) School fees to mitigate conditions of overcrowding I are required at the time of building permits pursu ~ c) Water service will be provided through separate me to Chapter 21.55 of the Carlsbad Municipal Code. I by the Carlsbad Municipal Water District. d) Gas and Electric service will be provided by SDG&E through separate meters. I 26 27 e) Park-in-lieu fees are required as a condition of approval. " - ll 28 f) All necessary on-site and adjacent public improverr have been provided or will be required as conditic of approval. 1) -2- -4 e 0 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 g) Sewer service is not available for this project at this time. The Planning Commission has, by inclus of an appropriate condition, insured that the finc map for each phase shall not be approved unless tk City Council finds that sewer service is available to serve the project. In addition, a condition hz been added requiring that a note be placed on the map stating that building permits may not be issue unless the City Engineer determines that sewer sex is available. Since the final map cannot be approved unless sew6 service is available, the building cannot occur within the project unless sewer service remains available, the requirements of the public facilitj element of the General Plan have been met insofar as they apply to sewer service for this and tentat map approval. I ~ h) The applicant has proposed, and is required by the inclusion of an appropriate condition, to pay a public facilities fee. Payment of this fee will ensure that public facilities will be available concurrent with need as required by the General PI 1 3) The site is physically suitable for the type and densif of development because: a) The lot is level and graded and little is devoted to unusable slopes. 1( b) The proposed project provides for large living units and adequate recreation area. 4) The proposed project has been processed through enviror review and a negative declaration, Log No. 454, has bec issued for the following reasons: I1 a) The subject property is already graded and devoid of any significant vegetation or wildlife. /i b) The project is adjacent to existing urban developr c) The proposed project is consistent with the adoptc General Plan. 11 Conditions I 1) Approval is granted for CT 79-17/CP-20 as shown on Planning Commission Exhibit “A” dated December 26, 197! and Exhibit “B” dated October 16, 1979, all on file in the Planning Department and incorporated by reference. Development shall occur substantially as shown on thesc exhibits unless otherwise noted in these conditions. I1 ///// -3- I .* 'A e e 11 '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 II 2) The applicant shall submit a reproducible copy of the condominium plan prior to approval of the final map. plan shall incorporate all requirements of approval al: shall be subject to approval of the Planning Director. 3) The applicant shall comply with all rules and regulati of the respective sewer and water districts regarding sewer to the property. I 4) The applicant shall pay park-in-lieu fees prior to rec of the final map. 5) The final map shall not be approved unless the City Cc finds at the time of such approval that sewer service is available to serve the subdivision. 6) This condominium permit is approved upon the express condition that building permits will not be for develc of the subject property unless the City Engineer deter that sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy. If the City Engine determines that sewer facilities are not available, bu permits will not be issued. 7) The applicant shall provide a minimum of 15 square fee of landscaping in the courtyard in containerized plant 8) All walkways in the driveway shall be made of embossed and colored concrete. 9) Automatic garage door openers and trash compactors sha be provided for each unit. 10) The applicant shall submit a detailed landscape and irrigation plan at time of building permit application This plan shall provide adequate landscaping along the street and driveway to the satisfaction of the Plannin Director. 11) This approval is expressly conditioned upon payment of the applicant of a public facilities fee required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated by reference according to the agreement executed by the applicant f payment of said fee. If said fee is not paid as promi this application will not be consistent with the Gener Plan. ////I /I/// //I// /I/// -4- , 4. '< -a m e 1 PASSED, APPROVED AND ADOPTED at a regular meeting of t 2 wit: 4 on the 23rd day of January, 1980, by the following vote, tc 3 Planning Commission of the City of Carlsbad, California, he 5 6 I AYES: Schick, Rombotis, Jose, Leeds, Marcus, FriesteCi Larson NOES : None 7 11 ABSTAIN: None a 9 10 11 12 13 14 15 16 ABSENT: None I I 17 18 19 20 21 ATTEST : Y 27 28 RES0 #1588 -5- I