The URL can be used to link to this page

Home My WebLink About1980-04-09; Planning Commission; Resolution 1620. .. , " 1. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 rn rn PLANNING COfiQUSSION RESOLUTION NO. 1620 A RESOLUTION OF THE PLANNING COFDTISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMLYENDING APPROVAL FOR AN 8 UNIT CONDOMINIUM PERMIT AND TENTATIVE AIRSPACE CONDOMINIUM SUEDIVISION ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF ALGA ROAD AND SANTA ISABEL STREET. APPLICANT: EGINTON CASE NO: CT 80-4/CP-52 WHEREAS, a verified application for certain property to, wit: Lot 411 of La Costa Meadows Unit No. 2 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6905, filed in the Office of the County Recorder of San Diego County, April 21, 19' 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, the Planning Commission did, on the 9th day of April, 1980, hold a duly noticed public hearing as prescribed law to consider said request; and WEEREAS, at said public hearing, upon hearing and considl all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating 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 heari. the Commission recommends APPROVAL of CT 80-4/CP-52, bas on the following findings and subject to the following conditions: 28 //// * a,. SI I* . m - I. Findings 2 1) The project is consistent with the City's General Plan Lz 3 4 5 6 7 Use Element since the project conforms to the land use designation for this area and qualifies for an increased density based on the on-site amenities provided. 2) The site is physically suitable for the type, density anc design of the development since the property is adequate in size and topography to accommodate the project and stf meet all of the city's condominium and subdivision regulations without any significant environmental impact: 8 ll 3) The project is consistent with all city public facility policies and ordinances since: 9 10 I1 12 13 14 15 16 I-y /I a) The applicant is on the Leucadia County Water Distr: sewer allocation list, and eiqht sewer hookups have been reserved for the project. b) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a publ: facilities fee. Performance of that contract and payment of the fee will enable this body to find thi public facilities will be available concurrent with as required by the General Plan. c) School fees to nitigate conditions of overcrowding ( required at the time of building permits pursuant ti Chapter 21.55 of the Carlsbad Municipal Code. d) All necessary public improvements have either been provided or will be required as conditions of appro' 18 19 20 21 22 23 24 25 26 27 e) The Planning Commission has, by inclusion of an appropriate condition to this condominium permit an tentative subdivision map, insured that the final map will not be approved unless the City Council fi that sewer service is available to serve the projec In addition, the Planning CosDmission has added a condition that a note be placed on the final map th building permits may not be issued for the condomin project unless the City Engineer determ-ines that se service is available. Since the final nap cannot b approved unless sewer service is available, and building cannot occur within the project unless sew service remains available, the Planning Commission satisfied that the requirements of the public facilities element of the General Plan have been me insofar as they apply to sewer service for this condominium permit and tentative map approval. //// - RES0 #1620 .2- -. - .m w 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 28 i 4) The design of the project and all required improvements will not cause any significant environmental impacts, and a Declaration of Negative Environmental Impact has been issued by the Planning Director on March 4, 1980, Log No. 5) The proposed condominium project meets the criteria of Chapter 21.47 (Condominiums) since: a) The condominiums meet the design criteria of Chapter 21.47.110 since the overall plan is comprehensive, embracing land, building, landscaping and their relationships, the driveways are not domin features, 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 conditions of approval. 6) The design of the subdivision and type of improvements will not cause any serious public health problems. 7) The design of the subdivision and type of improvements wi not conflict with easements for public use of public acce through the subject property. Conditions 1) Approval is granted for CT 80-4/CP-52 as shown on Exhibit B, C, & D dated February 8, 1980, and Exhibit F & G datec April 1, 1980, incorporated by reference and on file in the Planning Department. Development shall occur sub- stantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that building permits will not be issued for development: of the subject property unless the City Engineer determir that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. 3) This project 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. 4) This project is approved upon the express condition that the applicant shall pay a public facilities fee as requil 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 IIPC RESO #1620 I1 -3- - I. 1, " I . .r 1 2 3 4 5 6 7 8 9 10: 11 12 13 rn - agreement dated 4/1/80, is on file with the City Clerk and is incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for thi project shall be void. 5) The applicant shall prepare a reproducible mylar of the final condominium site plan incorporating the condition5 contained herein. Said site plan shall be submitted to and approved by the Planning Department prior to the issuance of building permits. 6) The applicant shall prepare a detailed landscape and irrigation plan which shall indicate water conservation methods and include low maintenance plant materials ~hic shall be submitted to and approved by the Planning Depai prior to final map approval. The detailed landscape anc irrigation plan shall include dense landscaping around 1 perimeter of the open recreational area to provide screc from both the driveway and Alga Road. Trees in this arc shall be a minimum of 15 gallons in size. 7) The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final map as per Chapter 20.44 of the city's subdivision regulations. l4 8) The applicant shall provide school fees to mitigate application. schedule in effect at the time of building permit 16 application. These fees shall be based on the fee 15 conditions of overcrowding as part of building permit 17 18 19 20 21 9) The application shall build a 5' fence around the swim: pool which shall consist of a 42" decorative wall base to match building and a wrought iron fence. Furthc the applicant shall build a 5' wrought iron fence arounc the spa. Plans for said fences shall be submitted to a1 appro;ed by the Planning Director prior to the issuance of building permits. Further, said fence shall meet al: the requirements of the Uniform Building Code. 22 Engineer for a site grading plan and obtain a grading 23 permit prior to issuance of building permits. 10) The developer shall receive the approval of the City 24 25 26 27 11) Applicant shall construct a sidewalk and a 4'+ retainin wall along the property line to eliminate the slope within the right-of-way along Alga Road. 12) The applicant shall submit plans indicating the locatio: of a 6' high trash enclosure to the Planning Director fl his approval prior to approval of the final map. 1 I 28 PASSED, APPROVED AND ADOPTED at a regular meeting of th, Planning Commission of the City of Carlsbad, California, hell PC RES0 #1620 -4- I . .-. L I , . PI 4.. ' 0 - . I. 2 on the 9th day of March, 1980, by the following vote, to wit AYES: Schick, Larson, Friestedt, Marcus, Leeds, Rombot 3 4 5 6 7 8 9 10 11 Jose NOES : None ABSENT : None ABSTAIN : None l2 13 ATTEST : .\ 1 l< 18 19 20 21 22 23 24 25 26 27 28 PC RES0 #1620 -5-