HomeMy WebLinkAbout1980-01-23; Planning Commission; Resolution 1588. 1 1' A e 0
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PLANNING COf4MISSION RESOLUTION NO. 1588
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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
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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
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A. That the above recitations are true and correct. 9
Commission as follows:
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B.
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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:
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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:
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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.
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by the Carlsbad Municipal Water District.
d) Gas and Electric service will be provided by SDG&E
through separate meters.
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e) Park-in-lieu fees are required as a condition of approval.
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f) All necessary on-site and adjacent public improverr have been provided or will be required as conditic
of approval.
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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.
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~ 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.
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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.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of t
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on the 23rd day of January, 1980, by the following vote, tc 3
Planning Commission of the City of Carlsbad, California, he
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I AYES: Schick, Rombotis, Jose, Leeds, Marcus, FriesteCi
Larson
NOES : None
7 11 ABSTAIN: None
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ABSENT: None
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21 ATTEST :
Y
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28 RES0 #1588 -5-
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