HomeMy WebLinkAbout1980-03-12; Planning Commission; Resolution 1605.I n
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I. /I PLANNING COMMISSION RESOLUTION NO. 1605
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECObWENDING
APPROVAL FOR A 17 UNIT CONDOMINIUM PERMIT AND TENTATIVE MAP LOCATED ON THE EAST SIDE OF ROMERIA STREET BETWEEN LA COSTA AVENUE AND
GIBRALTAR.
APPLICANT: MORROW/GOODMAN CASE NO: CT 79-26/CP-42
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WHEREAS, a verified application for certain property,
to wit:
Lots 387 and 388 of La Costa South, Unit No. 5 of Map
of San Diego, California. 10 6600. Book No. 216, Page 290, Parcel 31, in the County
11 AI II has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
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WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
16 /j WHEREAS, this project has been processed through environ-
17 /I mental review as required in Title 19, the Environmental
I.8 I Protection Ordinance. An Environmental Impact Assessment
(Log NO. 631) has been prepared and a Negative Declaration isr 19 I based on the following justification:
1) The subject property has been previously graded and is
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21 devoid of any significant flora or fauna or other signif:
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23 development is relatively minor in nature and would not
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3) The project is similar in scale and character to other
25 residential projects which have been developed without
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environmental resources.
2) The additional grading is necessary to prepare the site j
any apparent adverse impacts to the development.
WHEREAS, the Planning Commission did, on the 27th day of
February, 1980, hold a duly noticed public hearing as prescril 28
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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
to be heard, said Commission considered all factors relating t
the Tentative Tract Map and Condominium Permit.
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 hearir the Commission finds the following findings and conditio1
to exist:
Findings
1) The project is consistent with the City's current genera:
plan since it is within the density range specified for
the site as indicated on the Land Use Element of the
General Plan.
2) The site is physically suitable for the type and density
of the development since the site is adequate in size an( shape to accommodate residential development at the propc density and still meet all the requirements of the City'! condominium ordinance.
3) The project is consistent with all city public facility
policies and ordinances since:
a) The applicant is on the Leucadia County Water Distr:
sewer allocation list, and sufficient sewer hookups have been reserved for the project.
b) The Planning Commission has, by inclusion of an
appropriate condition to this condominium permit
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 Planning 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 that sewer
service is available. Since the final map cannot
be approved unless sewer service is available, and building cannot occur within the project unless
sewer service remains available, the Planning
Commission is satisfied that the requirements of
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the public facilities element of the general plan
have been met insofar as they apply to sewer service for this condominium permit and tentative
map approval.
c) School fees to mitigate conditions of overcrowding are required at the time of building permits pursuar to Chapter 21.55 of the Carlsbad Municipal Code.
d) Water service will be provided by the Olivenhain Water District, and the applicant is required to
comply with their rules and regulations.
e) Gas and electric service will be provided by San
Diego Gas and Electric.
f) Park-in-lieu fees are required as a condition of
approval.
g) All necessary public improvements have been either provided or will be required as conditions of
approval.
h) The applicant has agreed and is required by the
inclusion of an appropriate condition to pay a
public facilities fee. Performance of that contract
and payment of the fee will enable this body to
find that public facilities will be available
concurrent with need as required by the General Plar
4) The design of the project and all required improvements will not cause any significant environmental impacts, anc
a Declaration of Negative Environmental Impact has been
issued by the Planning Director.
5) The proposed condominium project meets the criteria of
the City's Condominium Ordinance since:
a) The condominiums meet the design criteria of Chapter 21.47.110 since the overall plan is compre-
hensive embracing land, building, landscaping and their relationship and sufficient circulation 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
have been met or will be made conditions of
approval.
Conditions
1) This approval is granted for that portion of land descrik in the application CT 79-26/CP-24, and development
shall occur substantially as shown on Exhibit E, dated
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1/18/80, except for modifications required herein.
2) The applicant shall comply with all rules and regulation:
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 the
final condominium site plan incorporating all require-
ments of the condominium permit approval, and shall be
subject to the approval of the Planning Director.
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 appli- cation.
5) This subdivision and condominium plan is approved upon the express 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 subdivision.
6) This subdivision condominium plan 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 such 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 Engineer determines that sewer facilities are not available, building permits will not be issued.
7) In order to provide for fire protection during the construction period, the applicant shall maintain
passable vehicular access to all buildings. In addition
adequate fire hydrants and/or off site, stand pipes with
required fire flows shall be installed on and/or off-sit6
as recommended by the Fire Chief or his designee.
8) 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.
9) This approval is expressly conditioned on the payment by
the applicant of a public facilities fee as required by
City Council Policy No. 17, dated August 29, 1979, on
file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. A copy of that agreement, dated Feb. 27, 1980 , is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void.
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The applicant shall pay park-in-lieu fees prior to the
recordation of the final map.
The applicant shall submit a final detailed landscape
and irrigation plan subject to the approval of the
Planning Director prior to the issuance of building
permits.
All private driveways shall be kept clear of parked
vehicles at all times, and shall have posted "NO Parking/
Fire Access Lane Signs."
The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading
permit prior to issuance of a building permit.
Grading shall occur in accordance with an approved gradir
and erosion control plan, city standards, and an approved
soils and geologic investigation report (which shall
include slope stability calculations and construction
specifications) e
Drainage improvements shall be constructed in accordance
with an approved plan, and the work shall be coordinated
with the overall plan for grading and erosion control. All facilities shall be maintained by the property owner in perpetuity. This condition excludes all drainag easements granted to the City of Carlsbad.
Additional drainage easements and drainage structures
shall be provided or installed as may be required by
the County Department of Sanitation and Flood Control
and/or the City Engineer.
All land and/or easements required by this subdivision
shall be granted to the city, without cost to the city,
and free of all liens and encumbrances.
Immediately upon the completion of grading, all slopes in excess of 10 feet in vertical height shall be stabiliz by hydroseeding, mulching and fertilization. The seed mix shall be designed by an expert in the field based on a soil analysis of the slopes taken at intervals as prescribed by the Parks and Recreation Director, and shall be approved by the Parks and Recreation Director prior to issuance of building permits. The seed mix shall be designed so as to include the maximum number of indigenous species as feasible without reducing the effectiveness of the erosion protection. The mulch
shall be applied at not less than 2,000 lbs/acre., or
acceptable alternative.
In addition, these slopes shall also be planted with
fast growing, drought tolerant shrubs and trees (20
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feet on center) and an adequate irrigation system shall
be installed.
3 each garage door prior to final occupancy of any unit-
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20) The applicant shall submit an updated Title Report indica the current owners to the Engineering Department prior to
issuance of building permits.
6 PASSED, APPROVED AND ADOPTED at a regular meeting of the
19) Automatic garage door openers shall be installed on
7 // Planning Commission of the City of Carlsbad, California, held 811 on the 12th day of March, 1980, by the following vote to wit:
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AYES: Schick, Larson, Friestedt, Marcus, Leeds, Romboti: Jose
NOES : None
ABSENT : None
ABSTAIN : None
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