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Home My WebLink About1980-03-26; Planning Commission; Resolution 1616IA. /I 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING CO~WIISSION RESOLUTION NO. 1616 RESOLUTION OF THE PLANNING COb9~IISSION OF THE CITY OF CARLSBAD, RECOF.P.!ENDING APPROVAL OF A REVISED TENTATIVE AIRSPACE SUBDIVISION PAP AND CONDOFfINIUM PERYIT FOR SIX UNITS LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE, BETWEEN VIEJO CASTILLA AND EL CAPTINO REAL. APPLICANT : H. FRIES CASE NO: CT 79-2O/CP-23 (A) WHEREAS, a verified application for certain property, to wit: Lot 1 of La Costa Greens, in the County of San Diego, according to Flap thereof No. 6708, filed in the Office of the County Recorder for San Diego County, August 18, 1979 has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, based on an initial study of the project, inclu a field investigation of the site, the Planning Director has found that the project will not result in any significant environmental impacts and, therefore, has issued a Negative Declaration, Log No. 653, on March 4, 1980. WKEREAS, the Planning Commission did, on the 26th day of March, 1980, hold a duly noticed public hearing as prescribed by law to consider said request: and WHEREAS, at said public hearing, upon hearing and consid all testimony and arguments, if any, of all persons desiring Se heard, said Commission considered all factors relating to the Tentative Tract Map and Con6.ominium Permit; and //// .. e e I. II NOW, THEREFORE, BE IT HEmBY IiESOLVED by the Planning 2 I( commission as follows: 3 11 A) That the above recitations are true and correct. 4 5 B) That based on the evidence presented at the public heari: 6 based on the following findings and subject to the follol the Commission recommends APPROVAL of CT 79-20/CP-23(A) Findings 7 conditions: 10: based on the topography of the site and its location adj nation for this area and qualifies for a reduced density 9 Use Element since the project conforms to the land. use d 1) The project is consistent with the city's General Plan L 8 12 design of the development since the property is adequate 2) The site is physically suitable for the type, density an 11 to a single-family residential area. 3) The project is consistent with all city public facility 34 without any significant environmental impacts. 13 all of the city's condominium and subdivision regulation size and topography to accommodate the project and still icies and ordinances since: 15 16 17 18 19 I 20 I a) The applicant is on the Leucadia Ccunty Water Distr sewer allocation list, and six sewer hookups have lo reserved for the project. b) The applicant has agreed and is required by the inc sion of an appropriate condition to pay a public fa ities fee. Performance of that contract and paymen the fee will enable this body to find that public f ities will be available concurrent with need as req by the General Plan. 21 c) School fees to mitigate conditions of overcrowding required at the time of building permits pursuant t 22 Chapter 21.55 of the Carlsbad Elunicipal Code. 23 // d) All necessary public improvements have either been provided or will be required as conditions of apprc 24 25 26 27 28 e) The Planning Commission has, by inclu,sion of an appropriate condition to this condominium permit and tentative subdivision map, insured that the fin map will not be approved unless the City Council fi that sewer service is available to serve the projec In addition, the Planning Commission has added a cc dition that a note be placed on the final map that building permits may not be issued for the condomin I 11 PC RES0 #1616 -2- - 1, ,. 0 e 1 2 3 4 5 6 7 8 project unless the City Engineer determines that sev service is available. Since the final map cannot bc approved unless sewer service is available, and buil cannot occur within the project unless sewer servicc remains available, the Planning Commission is satisj that the requirements of the public facilities elernc of the General Plan have been met insofar as they a1 to sewer service for this condominium. permit and ter tive map approval. I 4) The design of the project and all required improvemc will not cause any significant environmental impact! and a Declaration of Negative Environmental Impact 1 been issued by the Planning Director on March 4, 19: Log No. 653. I 9 5) The proposed condominium project meets the criteria 3.0 Chapter 21.47 (Condominiums) since: 11 12 13 14 15 16 17 a. The condominiums rreet the design criteria of Chapter 21.47.110 since the overall plan is comprehensive, embracing land, building, land- scaping and their relationships, the driveways are not dominant features, and sufficient circl lation and on-site amenities are provided. b. Storage space, laundry facilities, open recrea areas, parking facilities, refuse areas,. separ' utilities and requirements of Section 21.47.13 have been met or will be conditions of approva 6) The design of the subdivision and type of improveme will not cause any serious public health problems. I.8 19 I 1 7) The design of the subdivision and type of improvene will not conflict with easements for public use of public access through the subject property. 20 21 22 23 24 25 26 27 28 Conditions I) Approval is granted for CT 79-20/CP-l3(A) as shown on Exhibits A and B to CT 79-20/CP-23(A) dated February 11, on file in the Planning Department and incorporated by r ence. Development shall occur substantially as shown on exhibits unless otherwise noted in these conditions. 2) The location of the southernmost storage area and the no ernmost visitor parking space shall be switched and rede subject to the approval of the Planning Director. Said shall be noted on the final condominium site plan. //// //// -3- PC RES0 #1616 1 .. I ., .. I ., e 1 3) Prior to the issuance of building permits, the applicant prepare a reproducible copy of the final condominium sit approval and shall be subject to the approval of the Pla 2 incorporating all requirements of the condominium permit 3 Director. 4 5 6 7 8 4) The applicant shall provide school fees to mitigate cond of overcrowding as part of building permit application. fees shall be based on the fee schedule in effect at the of building permit application. 5) This subdivision and condominium plan is approved upon t express condition that the final map shall not be approv unless the City Council finds as of the time of such apF that sewer service is available to serve the subdivisior 9 6) This subdivision condominium plan is approved upon the E condition that building permits will not be issued for ( determines that such sewer facilities are available at . available until time of occupancy. If the City Enginee: permits will not be issued. 10 time of application for such permits and will continue . 11 opment of the subject property unless the City Engineer 13 determines that sewer facilities are not available, bui: 12 7) This approval is expressly conditioned on the payment b 14 applicant of a public facilities fee as required by Cit Council Policy No. 17, dated August 29, 1979, on file w 15 the City Clerk and incorporated herein by reference, ant according to the agreement executed by the application 16 payment of said fee. A copy of that agreement, dated February 22, 1980 , is on file with the City Clerk and in 17 porated herein by reference. If said fee is not paid a promised, this application will not be consistent with 18 General Plan and the project cannot proceed and this ap shall be void. 19 8) The developer shall receive the approval of the City En 20 for a site grading plan and obtain a grading permit pri issuance of building permits. 21 22 23 24 25 9) Automatic garage door openers shall be installed by the applicant on all garage doors prior to final occupancy any unit. 10) The applicant shall submit a detailed landscape and iry plan subject to the approval of the Planning Director E final map approval. Said plan shall indicate the utili of drought tolerant plant species. 26 11) Grading shall occur in accordance with an approved grac 27 and erosion control plan, city standards, and an appro1 All exposed slopes shall be hydromulched or otherwise E 28 slope stability calculations and construction specific? soils and geologic investigation report which shall inc P.C. Reso. No. 1616 11 -4- .. I . -- " I. -. I- e e 1 ized prior to the issuance of building permits subject to the approval of the City Engineer. 2 3 12) Drainage improvements shall be constructed in accordance with an approved plan, and the work shall be coordinated with the overall plan for grading to the satisfaction 5 13) The applicant shall pay park-in-lieu fees to the city 6 4 of the City Engineer. prior to the approval of the final map. 14) The applicant shall submit plans indicating the location 8 of the Flanning Director prior to issuance of a building permit. 7 of a trash enclosure on the site subject to the approval 9 10 11 12 13 15) The applicant shall establish covenants, conditions and restrictions for the project. Said CC&R's shall be submitted to and approved by the Planning Director prior the issuance of a building permit. Said CC&R's shall prohibit the placement of any structure or jacuzzi withi the 10' sewer easement unless an encroachment permit is obtained from Leucadia County Water District. PASSED, APPROVED AND ADOPTED at a regular meeting of the I* on the 26th day of March, 1980, by the following vote, to wit l5 Planning Commission of the City of Carlsbad, California, held 16 17 AYES: Schick, Larson, Friestedt, Marcus, Leeds, Rombotis NOES : NOne Jose I.8 I ABSENT : None 19 I ABSTAIN: F~XE I 20 21 22 23 24 ATTEST : PC RES0 #1616 -5-