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HomeMy WebLinkAbout1980-02-13; Planning Commission; Resolution 1580-. *_ /I ' 1- -m 6- -. 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 PLANNING COMMISSION RESOLUTION NO. 1580 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDOMINIUM PERMIT FOR 10 UNITS, LOCATED ON THE SOUTHWEST CORNER OF LEVANTE AND CENTELLA IN LA COSTA. CASE NO: CP-31 APPLICANT : Roy Ward ~~ WHEREAS, a verified application for certain property, to wit: Lot 248, of La Costa Vale Unit No. 1, in the County of San Diego, according to Map thereof No. 7457 filed in the Office of the County Recorder of San Diego County, October 18, 1972. has been filed with the City of Carlsbad, and referred to thc Planning Commission; and WHEREAS, said verified application constitutes a requesl as provided by Title 21 of the Carlsbad Municipal Code: and WEEREAS, the Planning Commission did, on the 12th day 0: December, 1979, hold a duly noticed public hearing as prescr: by law to consider said request: and WHEREAS, an Environmental Impact Assessment has been prc and a Negative Declaration issued for the proposal based on 1 following justification: 1) The subject property has been previously graded and is devoid of any significant flora, fauna or any unique or historical environmental resources. 2) The project would not result in any significant environr impacts since no significant resources exist on the sitc 3) Although a substantial amount of excavation is proposed, this will be limited to a relatively small area which hi been previously disturbed. 28 xxx .. * I/ 0 e /I 1 2 3 4 5 6 7 8 4) The immediate area has been committed to development ani the project is consistent with the General Plan Land Use designation. WHEREAS, at said public hearing, upon hearing and consic the testimony and arguments, if any, of all persons who desil to be heard, said Commission considered all factors relating the Condominium Permit (CP-31), and found the following facts and reasons to exist: 1) The proposed project is consistent with the General Plar because : 9 10 11 12 13 14 2) a) The proposed project is within the density range allowed by the Land Use Element. b) The proposed project is consistent with all other elements of the General Plan. The proposed project is consistent with all City Public Facility policies and ordinances because: a) Ten sewer permits have been obtained from the Leucz County Water District. 15 16 b) School fees to mitigate conditions of overcrowding required at the time of building permits pursuant t Chapter 21.55 of the Carlsbad Municipal Code. 17 c) Water service will be provided through separate met 18 19 by the Olivenhain Municipal Water District. d) Gas and Electric service will be provided by SDG&E through separate meters. 20 21 22 23 24 25 26 27 28 e) Park-in-lieu fees are required as a condition of approval. f) All necessary on-site and adjacent public improveme have been provided or will be required as conditior of approval. g) Sewer service is not available for this project at time. The Planning Commission has, by inclusion of appropriate condition, insured that the final map f each phase shall not be approved unless the City Cc finds that sewer service is available to serve the project. In addition, a condition has been added requiring that a note be placed on the final map st that building permits may not be issued unless the City Engineer determines that sewer service is available. 11 P. C. Resolution No. 1580 .2 I. .I - I I 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 i e 0 Since the final map cannot be approved unless sewel service is available, the building cannot occur within the project unless sewer service remains available, the requirements of the public facilitic element of the General Plan have been met insofar as they apply to sewer service for this and tentat: map approval. h) At this time, all other public facilities necessar: to serve this project will not be available concurl with need. The Planning Commission has, by inclus: of an appropriate condition, required that the pro: contribute to the cost of such facilities. Since 1 development will pay for its proportionate share oj the public facilities which it will require, the Planning Commission is satisfied that the requiremc of the public facilities element of the general pli have been satisfied. 3) The proposed project has been proposed through environmt review and a negative declaration, Log No. 614, has beel issued on this project for the following reasons: a) The subject property has been previously graded an( is devoid of any significant flora, fauna or any unique or historical environmental resources. b) The project would not result in any significant environmental impacts since no significant resourcc exist on the site. c) Although a substantial amount of excavation is pro1 this will be limited to a relatively small area whr has been previously disturbed. d) The immediate area has been committed to developmer and the project is consistent with the General Plar Land Use Designation. WHEREAS, the Planning Commission, by the following vote, APPROVED CP-31, subject to certain conditions: 1) Approval is granted for CP-31 as shown on Planning Commission Exhibit "B", 'IC", "D" and "E", dated 10/28/75 all on file in the Planning Department and incorporated by reference. Development shall occur substantially as shown on these exhibits unless otherwise noted in these conditions. 2) The applicant shall submit a reproducible copy of the condominium plan prior to approval of building permits. The reproducible shall include a note indicating that laundry facilities and utility meters will be provided individually. This plan shall incorporate all requireme of approval and shall be subject to approval of the Planning Director. P. C. Resolution No. 1580 .9 ', .. - I, .1 . 0 1 3) The applicant shall comply with all rules and regulatio~ of the respective sewer and water districts regarding 2 sewer to the property. 3 4 5 6 7 8 9 10 4) The applicant shall pay park-in-lieu fees prior to issui of building permits. 5) The final condominium nap shall not be approved unless the City Council finds at the time of such approval thai sewer service is available to serve the subdivision. 6) This condominium permit is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy. If tl City Engineer determines that sewer facilities are not available, building permits will not be issued. 11 7) Street trees Of a Variety approved by the Parks and Recreation Department shall be installed to City specif: 12 at 40 foot intervals along all public street frontages. 13 14 15 16 17 18 19 20 21 22 23 8) Prior to issuance of building permits, the applicant shi pay a public facility fee as established in City Counci: Policy No. 17. This approval is expressly conditioned upon the applicant entering into a secured agreement wil the City for the payment of this fee prior to the approT of the resolution for this project by the Planning Commission. 9) To insure safe circulation to and from the parking garas adequate visibility shall be provided for on both sides the driveway to the satisfaction of the City Engineer. AYES : Schick, Rombotis, Jose, Leeds, Marcus, Lars( NOES: None. ABSTAIN : None. ABSEENT : Friestedt NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoinc recitations are true and correct. 24 25 26 27 ATTEST : .i ..4 ,/fJ,P, cmA0 28 .*7 c-;/-&./ ES c .%cQi*wary T .. ,,8.',**'~ J RLSBAD PLL~T~NING....~~~O~~ISSION .' ." /' A rJ/ 11 P. C. Resolution No. 1580 .4 . , .. - . -. ,I II a e . 1 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss 2 CITY OF CARLSBAD 1 3 4 I, JAMES C. HAGAMAN, Secretary to the Planning Commissil 5 by the following roll call vote: 9 meeting of said Commission held on the 1.3th day of.Februasy, 8 by the Planning Commission of the City of Carlsbad at a regu 7 foregoing resolution was duly introduced, approved and adopt1 6 of the City of Carlsbad, California, do hereby certify that 10 11 AYES: Schick, Rombotis, Jose, Leeds, Marcus, and Larsor NOES : None and Friestedt 12 ABSENT: None 13 ABSTAIN: None 14 15 16 17 18 19 CP-31 ,* ..x i ,/, ,/ '2" 20 I 21 22 23 24 25 26 27 28 P. C. Resolution No. 1580 05