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Home My WebLink About1980-06-11; Planning Commission; Resolution 1643e 1 It PLANNING COMMISSION RESOLUTION NO. 1643 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A FIVE UNIT CONDOMINIUM DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF JEREZ COURT, LA COSTA. APPLICANT: R. SPEARE CASE NO: CT 80-7/CP-57 6 // WHEREAS, a verified application for certain property to, 7 8 Lot 364 of La Costa South Unit No. 5, City of Carlsbad, according to Map No. 6600 filed in the County of San Dieg on March 10, 1970 9 has been filed with the City of Carlsbad, and referred to the lo 11 Planning Commission; and provided by Title 21 of the Carlsbad Municipal Code; and l2 16 consider said request; and l5 1980, hold a duly noticed public hearing as prescribed by law I.4 WHEREAS, the Planning Commission did, on the 11th day of 13 20 I Tentative Tract Map and Condominium Permit. I' heard, said Commission considered all factors relating to the l8 all testimony and arguments, if any, of all persons desiring t l7 WHEREAS, at said public hearing, upon hearing and conside WHEREAS, said verified application constitutes a request NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 21 22 Commission as follows: the following findings and subject to the following cond: the Commission recommends APPROVAL of CT 80-7/CP-57, bast 24 B) That based on the evidence presented at the public heari~ 23 A) That the above recitations are true and correct. 25 11 Findings: 26 27 1) The project is consistent with the city's current genera: since it is within the density range established for thi; 28 and due to the unique configuration of the property, qua. for a density somewhat below the suggested range. Also, conditioned, the project is consistent with all other el( of the general plan. I 4 e 1 2 3 4 5 2) The site is physically suitable for the type and density development since the site is adequate in size and topogr to accommodate residential development at the proposed de and still meet all of the city's condominium and subdivis regulations without creating any significant environmenta impacts. 3) The project is consistent with all city public facility policies and ordinances since: 6 7 a) The Leucadia County Water District has allocated sufficient sewer connections for the project. 81 9 10 b) The applicant has agreed and is required by the incl sion of an appropriate condition to pay a public facilities fee. Performance of that contract and pa of the fee will enable this body to find that public facilities will be available concurrent with need as required by the general plan. 11 12 13 14 15 16 17 18 19 20 21 c) School fees to mitigate conditions of overcrowding a required at the time of building permits pursuant tc Chapter 21.55 of the Carlsbad Municipal Code. d) The Planning Commission has, by inclusion of an appx priate condition to this condominium permit and tent subdivision map, insured that the final map will not approved unless the City Council finds that sewer SE is available to serve the project. In addition, the Planning Commission has added a condition that a not placed on the final map that building permits may nc 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 wit? project unless sewer service remains available, the Planning Commission is satisfied that the requiremer of the public facilities element of the general plar been met insofar as they apply to sewer service for condominium permit and tentative map approval. 22 23 24 4) The design of the project and all required improvements t not cause any significant environmental impacts since, bz on an initial study and field investigation of the site, Planning Director has issued a negative declaration on Mz 5, 1980, EIA No. 696. 25 i 5) The proposed condominium project meets the criteria of Chapter 21.47 (Condominiums) since: 26 27 28 a) The condominiums meet the design criteria of Chapte: 21.47.110 since the overall plan is comprehensive, embracing land, building, landscaping and their rei; ships, the driveway is not dominant feature, and su: ficient circulation and on-site amenities are provic /I( PC RESO #1643 -2- d, > ll e 0 1 2 3 4 5 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 wi conflict with easements for public use of public access through the subject property. 6 // Conditions 7 1) Approval is granted for CT 80-3/CP-51 as shown on Exhibit A and C to CT 80-3/CP-51, dated 5/27/80, on file in the 8 Planning Department and incorporated by reference. Devel ment shall occur substantially as shown on these exhibit5 9 unless otherwise noted in these conditions. 10 2) Prior to the issuance of building permits, the applicant shall prepare a reproducible copy (Mylar) of the final c< minium site plan incorporating all requirements of the cc of the Planning Director. 11 minium permit approval and shall be subject to the appro\ 12 13 3) The applicant shall provide school fees to mitigate condj of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect i 14 the time of building permit application. l5 16 4) The applicant shall pay park-in-lieu fees to the city pr: to the approval of the final map. 17 18 19 20 21 22 23 24 25 26 27 28 5) This subdivision and condominium plan is approved upon tl express condition that the final map shall not be approvt unless the City Council finds as of the time of such appl that sewer service is available to serve the subdivision 6) 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 Engil determines that such sewer facilities are available at tl time of application for such permits and will continue tc available until time of occupancy. If the City Engineer determines that sewer facilities are not available, builc permits will not be issued. 7) This approval is expressly conditioned on the payment by applicant of a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file wi. the City Clerk and incorporated herein by reference, and according to the agreement executed by the application fc payment of said fee. A copy of that agreement, dated 5/5/80, is on file with the City Clerk and incorporated : by reference. If said fee is not paid as promised, this application will not be consistent with the general plan the project cannot proceed and this approval shall be vo PC RES0 #1643 It -3- * I. . . ll 0 * 1 8) Automatic garage door openers shall be installed by the applicant on all garage doors prior to final occupancy oj 2 unit . 3 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the 4 11th day of June, 1980, by the following vote, to wit: 5 Planning Commission of the City of Carlsbad, California, held 6 7 AYES: Schick, Larson, Friestedt, Marcus, Leeds and Jose NOES : None 8 11 ABSENT: Rombotis 9 10 11 ABSTAIN: None 12 13 14 l5 ATTEST : ' 16 ./"7 .i" 0' ; ,,' 17 18 L.. , --&3&?&$?(- ., > Ii /&&Ff l'?/ -pps c. HA~AMAN,-~Z?~ ,./ ... , ..,-'c RLSBAD PLANNING C~MMISSION "i /'' :/' 2 . ., 9" * 2o I 21 22 23 24 25 I 26 27 28 PC RES0 # 1643 -4-