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Home My WebLink About1980-06-25; Planning Commission; Resolution 1658x @ ' 1 /I e e 1 2 3 4 5 6 I PLANNING COMMISSION RESOLUTION NO. 1658 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 16 UNITS ON PROPERTY GENERALLY LOCATED OM THE SOUTHSIDE OF UNICORN10 STREET AT CACATUA STREET. APPLICANT: SALEEN CASE NO: CT 80-17/CP-83 ~ 7 II WHEREAS, a verified application for certain property to, a 9 Lot 423 and 424 of La Costa Meadows Unit No. 3, in the County of San Diego, according to map thereof No. 7076, filed in the Office of the County Recorder of San Diego County, October 6, 1971 lo l1 has been filed with the City of Carlsbad, and referred to the Planning Commission; and I.2 I1 WHEREAS, said verified application constitutes a request 131/ provided by Title 21 of the Carlsbad Municipal Code; and 14 1980, hold a duly noticed public hearing as prescribed by law l5 WHEREAS, the Planning Commission did, on the 25th day of I.6 17 consider said request; and WHEREAS, at said public hearing, upon hearing and conside l8 Tentative Tract Map and Condomiqium Permit. 2o ~heard, said Commission considered all factors relating to the I.9 1 all testimony and arguments, if any, of all persons desiring t 21 Commission as follows: 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 23 11 A) That the above recitations are true and correct. 24 I B) That based on the evidence presented at the public hearin the Commission recommends APPROVAL of CT 80-17/CP-83, bas on the following findings and subject to the following 25 I 26 27 conditions: Findings: 28 1) That the project is consistent with the city's current Ge Plan because it is within the density range established f 1 2 3 4 5 a e this site. Also, as conditioned, the project is consiste with all other elements of the General Plan. 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. 6 7 3) The project is consistent with all city public facility policies and ordinances since: 8 // a) The Leucadia County Water District has allocated sufficient sewer connections for the project. 9 LO 11 12 13 14 b) The applicant has agreed and is required by the incl of an appropriate condition to pay a public faciliti fee. Performance of that contract and payment of tk will enable this body to find that public facilities will be available concurrent with need as required k general plan. c) School fees to mitigate conditions of overcrowding E required at the time of building permits pursuant tc Chapter 21.55 of the Carlsbad Municipal Code. 15 16 17 18 19 1 20 21 22 d) The Planning Commission has, by inclusion of an appl: riate condition to this condominium permit and tent; subdivision map, insured that the final map will not approved unless the City Council finds that sewer sc is available to serve the project. In addition, thc Planning Commission has added a condition that a no1 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 ca.nnot occur wit1 project unless sewer service remains available, the Planning Commission is satisfied that. the requireme] of the public facilities element of t.he General Plal been met insofar as they apply to sewer service for condominium permit and tentative map approval. 23 4) The design of the project and all required improvements 7 on an initial study and field investigation of the site, 24 not cause any significant environmental impacts since, bi 25 Planning Director has issued a negative declaration on M$ 1980, Log No. 704. 26 5) The proposed condominium project meets the criteria of 27 28 21.47.110 since the overall plan is c:omprehensive, Chapter 21.47 (Condominiums) since: a) The condominiums meet the design criteria of Chapte PC RES0 #1658 n 1) -L- - : /I 0 a 1 2 3 4 5 6 7 embracing land, building, landscaping and their rela. ships, the driveway is not a dominant feature, and sufficient circulation and on-site amenities are pro. b) Storage space, laundry facilities, open recreation a: parking facilities, refuse areas, separate utilities requirements of Section 21.47.130 have been met or w 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. 8 /I Conditions 1) Approval is granted for CT 80-17/CP-83, as shown on Exhik 10 Exhibits "C" , "Dl', and "E", dated 6/19/80, incorporated I: reference and on file in the Planning Department. Develc 11 shall occur substantially as shown unless otherwise noted these conditions. 12 2) This project is approved upon the express condition 13 that the final map shall not be approved u.nless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 14 3) This project is approved upon the express condition 15 that building permits will not be issued for devel- 16 opments of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will 9 "A", dated 6/6/80; Exhibit "B'l and 'IF" , dated 6/3/80, an6 17 continue to be available until time of occupancy. 18 19 20 21 22 23 24 25 26 27 I 4) This project is approved upon the express condition that the applicant shall pay 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 February 26, 1980, 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 t:he General Plan and approval for this project shall be void. 1 5) The subdivider shall install a retaining wall, of a mate compatible with that used for the condominium building construction, at the property line along .Alga Road apprc imately 3%' high, and shall grade the parkway to eliminz the slope from within the right-of-way prior to the fin; occupancy of any units. 6) The applicant shall prepare a detailed landscape and 28 irrigation plan which shall be submitted to and approvec by the Planning Department prior to final map approval. PC RES0 #1658 -3- ' /I e e 1 2 3 4 5 6 ~ 7) The applicant shall establish a homeowner's association i corresponding covenants, conditions and restrictions. Si CC&R'S shall be submitted to and approved by the Planninc Department prior to final map approval. 8) In order to provide for fire protection during the con- struction period, the applicant shall maintain passable vehicular access to all buildings. In addition, adequat fire hydrants with required fire flows shall be installel on and off site as required by the Fire Department. 1 I 7 8 9) Street trees of a variety approved by the Parks and Recreation Director shall be installed to city specifica at 40 foot intervals along Unicornio Street. 9 10 11 12 13 10) 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. 11) The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. 14 15 ' 12) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 16 /I 13) The applicant shall prepare a reproducible mylar of the final condominium site plan incorporating the conditions 17 18 contained herein. Said site plan shall be submitted to and approved by the Planning Department prior to the issuance of building permits. 19 i 14) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. 2o i 21 22 15) The developer shall receive Engineer for a site grading permit prior to issuance of the approval of the City plan and obta.in a grading building permits. 23 24 25 26 27 28 1 16) Grading shall occur in accordance with an approved grading and erosion control plan, city standards, and an approved soils and geologic investigation report which shall include slope stability calculations and construction specifications. All exposed slopes shall be hydromulched or otherwise stabilized prior to the issuance of building permits subject to t:he approval of the City Engineer. //// PC RES0 #1658 -4- .. - ’ ... * il e a 1 2 17) 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 of the City Engineer. 3 18) The applicant shall provide stamped concre.te or “bominite 4 linking the open recreation areas. This revision shall 5 6 construction of a 5 foot sidewalk along the subdivision 7 frontage on Alga Road prior to the approval of the final PASSED, APPROVED AND ADOPTED at a regular meeting of the 8 9 Planning Commission of the City of Carlsbad, California, held the 25th day of June, 1980, by the following vote, to wit: 10 11 12 13 14 15 16 l7 ATTEST : be incorporated on the final condominium site plan. 19) The applicant shall enter into a future agreement for the AYES: MarCUS, Rombotis, Larson, Leeds, Jose, Friestedt NOES: None ABSENT : Schick ABSTAIN : None c Vice-Chairma ANNING COMMISS 22 23 24 25 26 ‘ 27 28 PC RES0 #1658 -5-