The URL can be used to link to this page

Home My WebLink About1980-04-09; Planning Commission; Resolution 1619.L , ,,> I1 0 a 1 PLANNING COMMISSION RESOLUTION NO. 1619 2 3 4 5 6 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND CONDOMIN- IUM PERMIT FOR 14 UNITS LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET, LA COSTA. APPLICANT: H. FRIES CASE NO: CT 80-3/CP-51 WHEREAS, a verified application for certain property, t ellwit: 9 LO Lots 376 and 377, La Costa South, Unit No. 5, in the City of Carlsbad, State of California, being Assessor's Parcel No. 216-290-20 & 21. 11 12 has been filed with the City of Carlsbad, and referred to th Tentative Tract Map and Condominium Permit; and 21 be heard, said Commission considered all factors relating to 20 all testimony and arguments, if any, of all persons desiring 19 WHEREAS, at said public hearing, upon hearing and consi 18 law to consider said request; and 17 April, 1980, hold a duly noticed public hearing as prescribe 16 WHEREAS, the Planning Commission did, on the 9th day of 15 provided by Title 21 of the Carlsbad Municipal Code; and 14 WHEREAS, said verified application constitutes a reques 13 Planning Commission; and 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning C 23 25 A) That the above recitations are true and correct. 24 mission as follows: B) That based on the evidence presented at the public hear the Commission recommends APPROVAL of CT 80-3/CP-51 bas 26 the following findings and subject to the following conditions: 27 //// 28 //// .. .. 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 I1 9 e Findings 1) The project is consistent with the city's General Plan Use Element since the scale and intensity of the develc conforms to the land use designation for this site. 2) The site is physically suitable for the type, density i design of the development since the property is adequal in size and topography to accommodate the project and I meet all of the city's condominium and subdivision reg1 tions without any significant environmental impacts. 3) The project is consistent with all city public facilit! policies and ordinances since: a) The applicant is on the Leucadia County Water Dis- sewer allocation list, and 15 sewer hookups have I reserved for the project. b) The applicant has agreed and is required by the i~ sion of an appropriate condition to pay a public : ities fee. Performance of that contract and paymc the fee will enable this body to find that public ities will be available concurrent with need as rt by the General Plan. c) School fees to mitigate conditions of overcrowdin! required at the time of building permits pursuant Chapter 21.55 of the Carlsbad Municipal Code. d) All necessary public improvements have either bee: vided or will be required as conditions of approv( e) The Planning Commission has, by inclusion of an a] priate condition to this condominium permit and tc tive subdivision map, insured that the final map 1 not be approved unless the City Council finds tha. sewer service is available to serve the project. addition, the Planning Commission has added a conc tion that a note be placed on the final map that 1 ing permits may not be issued for the condominium ject unless the City Engineer determines that sewc service is available. Since the final map cannot approved unless sewer service is available, and bl ing cannot occur within the project unless sewer 1 vice remains available, the Planning Commission i; satisfied that the requirements of the public fac. ties element of the General Plan have been met in; as they apply to sewer service for this condo mini^ permit and tentative map approval. 4) The design of the project and all required improvement; not cause any significant environmental impacts, and a ation of Negative Environmental Impact has been issued Planning Director on March 26, 1980, Log No. 662. -2- .. . 8.. /I e 0 .. ll 1 2 5) The proposed condominium project meets the criteria of Chapter 21.47 (Condominiums) since: a. The condominiums meet the design criteria of Chaptl embracing land, building, landscaping and their re tionships, the driveways are not dominant features and sufficient circulation and on-site amenities a 3 21.47.110 since the overall plan is comprehensive, 4 5 provided. 6 7 €3 b. Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate utilities and requirements of Section 21.47.130 ha been met or will be conditions of approval. 6) The design of the subdivision and type of improvements 9 not conflict with easements for public use of public ac through the subject property. 10 11 Conditions 1) Approval is granted for Ct 80-3/CP-51 as shown on Exhib 12 A & B to CT 80-3/CP-51, dated March 31, 1980, on file i 13 the Planning Department and incorporated by reference. Development shall occur substantially as shown on these Exhibits unless otherwise noted in these conditions. 14 2) The applicant shall establish covenants, conditions and 15 restrictions for the project and subject to the approva of the Planning Director prior to the issuance of build 16 permits. Said CC&R's shall restrict improvements withi the front yard setback for units 8-14 as follows: No f only wood decks up to 6 inches in height above the grou 18 shall be permitted for these units and they may not enc more than 3 feet into the front yard setback. In addition, said CCbR's shall prohibit the placement o and western property lines, unless approval for such st 17 greater than 42 inches may be permitted around any deck 19 I 20 ture is granted by the holder of the easement. 21 structure within the easements located along the easter 22 3) Prior to the issuance of building permits, the applican minium permit approval and shall be subject to the appr minium site plan incorporating all requirements of the 23 shall prepare a reproducible copy (Mylar) of the final 24 of the Planning Director. 25 4) The applicant shall provide school fees to mitigate con tions of overcrowding as part of building permit applic 26 These fees shall be based on the fee schedule in effect 11 the time of building permit application. 27 28 //// //// ll -3- I' * T.? I1 e 0 a. II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 5) This subdivision and condominium plan is approved upon . express condition that the final map shall not be appro- unless the City Council finds as of the time of such apl that sewer service is available to serve the subdivisio: 6) This subdivision condominium plan is approved upon the I condition that building permits will not be issued for ( opment of the subject property unless the City Engineer determines that such sewer facilities are available at time of application for such permits and will continue available until time of occupancy. If the City Enginee. determines that sewer facilities are not available, bui permits will not be issued. 7) This approval is expressly conditioned on the payment b: applicant of a public facilities fee as required by Cit: Council Policy No. 17, dated August 29, 1979, on file w the City Clerk and incorporated herein by reference, an' according to the agreement executed by the application payment of said fee. A copy of that agreement, dated 3 is on file with the City Clerk and incorporated herein reference. If said fee is not paid as promised, this a cation will not be consistent with the General Plan and project cannot proceed and this approval shall be void. , 8) The developer shall receive the approval of the City En' for a site grading plan and obtain a grading permit pri, issuance of building permits. 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 irr tion plan subject to the approval of the Planning Direc prior to final map approval. Said plan shall indicate utilization of drought tolerant plant species, with an ' emphasis on screening units 8-14 located along Gibralta ~ Street. Said landscape plan shall also delineate pedes trian pathways on both sides of the entry driveway conn ing the on-street parking with the units. 11) The applicant shall pay park-in-lieu fees to the city p to the approval of the final map. //// 24 I/// 25 //// //// 27 //// 26 28 //// PC RES0 #1619 Page 4 , _. . ., % .? - ? - *. .. 1 e e PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 on the 9th day of April 1980, by the following vote, to wit: 3 Planning Commission of the City of Carlsbad, California, helc 4 5 AYES: Schick, Larson, Friestedt, Marcus, Leeds, Rombo- Jose NOES : None i3 il ABSENT: None 7 a 9 10 11 12 13 14 15 ABSTAIN : None CARLSBAD PLANNING CO, ISSION 3 16 17 ATTEST : ./? l8 I ””., (“p~ ; ;.: /-)’ 19 id. . ”.. ,yg&@?9 ’.<. , .w& .4 ,’ .,’ , : > ./ ,U& Jwzs c. HAG-: sgcretay 20,..’ ,;‘ I/.>> C~LSBAD PLANM.INGJC”E.IISSION ?Y[ J 22 23 24 25 26 I1 27 I/pC RES0 #1619 28 Page 5 I