HomeMy WebLinkAbout1980-03-12; Planning Commission; Resolution 1601.a =
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e - PLANNING COMMISSION RESOLUTION NO. 1601
A RESOLUTION OF THE PLANNING COMTJlISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN 18 UNIT CONDOMINIUM DEVELOPMENT
ON ALTISMA WAY, NORTH OF ALICANTE ROAD IN LA
COSTA.
APPLICANT: KUPFER CASE NO: ' CT 79-23/CP-32 - ~~
7 WHEREAS, a verified application for certain property,
8 to wit:
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Lot 247 of La Costa Valley Unit No. 5, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 6730, filed in the Office of the County Recorder of San Diego, September 8, 1970.
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEWAS, said verified application constitutes a request
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as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, this project has been processed through environ~
review as required in Title 19, the Environmental Protection
Ordinance. An Environmental Impact Assessment (Log No. 619) 1
been prepared and a Negative Declaration issued based on the
following justification:
1) The subject property has been previously disturbed and
is devoid of any significant flora or fauna, or any
unique or historical environmental resources.
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2) A relatively minor amount of additional grading is propo:
which would not result in any adverse impacts.
3) The project is consistent with all applicable plans for
this area, and with existing residential development.
This existing development has not resulted in any
significant environmental impacts.
27 ll WHEREAS, the Planning Commission did, on the 27th day of
28 February, 1980, hold a duly noticed public hearing as prescri]
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by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and conside
all testimony and arguments, if any, of all persons desiring t
be heard, said Commission considered all factors relating to
the Tentative Tract Map and Condominium Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A. That the above recitations are true and correct.
B. That based on the evidence presented at the public hearin
the Commission finds the following findings and condition
to exist:
//Findin'gs 1) The project is consistent with the city's current General
Plan since it is within the density range specified for
the site as indicated on the Land Use Element of the Gene Plan, in addition, the project qualifies for a density
increase to 19.5 du/ac since, as conditioned, sufficient on-site amenities have been provided.
2) The site is physically suitable for the type and density
of the development since the site is adequate in size and shape to accommodate residential development at the proposed density and still meet all the requirements of t city's condominium ordinance and subdivision regulations.
13) The project is consistent with all City public
I facility 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.
b) The Planning Commission has, by inclusion of an
appropriate condition to this condominium permi
and tentative subdivision map, insured that the
final map will not be approved unless the City
Council finds that sewer service is available
to serve the project. In addition, the Plannin
Commission has added a condition that a note
shall be placed on the final map that building permits may not be issued for the condominium
project unless the City Engineer determines tha
sewer service is available. Since the final ma
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0 - cannot be approved unless sewer service is avail-
able, and building cannot occur within the project unless sewer service remains available, the Plan-
ning Commission is satisfied that the requirements
of the public facilities element of the General Plar
have been met insofar as they apply to sewer ser-
vice for this condominium permit and tentative nap
approval.
c) School fees to mitigate conditions of over-crowding
are required at the time of building permits pur-
suant to Chapter 21.55 of the Carlsbad ?!Tunicipal
Code.
d) Water service will be provided by the Carlsbad
Municipal Water District, and the applicant is required to comply with their rules and regula- tions.
e) Gas and electric service will be provided by San Diego Gas and Electric.
f) The applicant shall pay park-in-lieu fees to the
city prior to the approval of the final map.
g) All necessary public improvements have been either provided or will be required as conditions of
approval.
h) All other public facilities necessary to
serve the project will not be available con-
currefit with need. Eowever, the applicant has agreec
and is required by the inclusion of an appropriate condition, to pay a public facilities fee. Perform:
of that contract, and payment of this fee, will ens1
that facilities Frill be available concurrent with nc
as required by the general plan.
4) The design of the project and all required improve- ments will not cause any significant environmental impacts, and a Declaration of Negative Environmental Impact has been issued by the Planning Director on
November 28, 1979, Log No. 619.
5) The proposed condominium project meets the criteria
of Chapter 21.47 (condominiums) since:
a) The condominiums neet the design criteria of Chapter 21.47.110 since the overall plan is comprehensive embracing land, buildings, landscapin! and their relationships, the driveways
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are not dominant features, and sufficient circulatic
and on-site amenities are provided.
b) Storage space, laundry facilities, open recreation
areas, parking facilities, refuse areas, separate
utilities and requirements of Section 21.47.130 haw
been met or will be made cond-itions of approval.
Conditions
1) Approval is granted for CT 79-23/CP-32 as shown on Exhib.
A, B, C and D to CT 79-23/CP-32, dated January 29, 1980;
Exhibit E to CT 79-23/CP-32, dated February 19, 1980, on
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 prepare a reproducible copy of the f: condominium site plan incorporating all requirem-ents of . condominium permit approval and shall be subject to the approval of the Planning Director.
3) The applicant shall provide school fees to xitigate cond.
of overcrowding as part of building permit applications.
These fees shall be based on the fee schedule in effect (
the time of building pernit application.
4) This subdivision and condominium plan is approved upon tl express condition that the final map shall not be approvc unless the City Council finds as of the time of such app: that sewer service is available to serve the subdivision
5) This subdivision condominium plan is approved upon the e:
condition that building permits will not be issued for
development of the subject property unless the City Engi:
determines that such sewer facilities are available at t:
time of application for such permits and will continue tl be available until time of occupancy. If the City
Engineer determines that sewer facilities are not availa:
building permits will not be issued.
6) In order to provide for fire protection during the const
period, the applicant shall maintail? passable vehicular
access to all buildings. In addition adequate fire hydr
and/or off-site stand pipes with required fire flows sha
be installed on and/or off-site if recommended by the
Fire Chief or his designee.
7) The applicant shall pay park-in-lieu fees to the city
prior to the approval of the final map.
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8) Street trees of a variety approved by the Parks and Recreation Department and shall be installed to city
specifications at 40 foot intervals along all public strc frontages.
9) This approval is expressly conditioned on the payment by the applicant of the public facilities fee required by tl City Council Policy No. 17, dated August 29, 1979, on fi: with the City Clerk and incorporated by reference. Accoi
to the agreement executed by the applicant for payment oj
said fee. A copy of that agreement, dated February 23, : is attached hereto and incorporated by reference. If sa:
fee is not paid as promised, this application will not bt
consistent with the general plan and the project cannot proceed and this approval shall be void.
10) The applicant shall submit a detailed landscape and irric plan subject to the approval of the Planning Director pr:
to the issuance of building permits. Said plan shall
utilize drought tolerant plant species.
11) All private driveways shall be kept clear of parked vehic
at all times, and shall have posted "NO Parking/Fire Accc
Lane " .
12) The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading pe:
prior to the issuance of building permits.
13) Automatic garage door openers shall be installed on all
garage doors prior to final occupancy of any unit.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held
on the 12th day of March, 1980, by the following vote, to wit
AYES: Schick, Marcus, Leeds, Larson, Jose
NOES : None
ABSENT: Friestedt, Rombotis
ABSTAIN : None
OMMISSION
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