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Home My WebLink About1980-07-23; Planning Commission; Resolution 1657*' v v 'I 1. I. ~e e 1 2 3 4 5 6 7 8 9 10 11 PLANNING COMMISSION RESOLUTION NO. 1657 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMZIllENDING APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR 19; SINGLE FAMILY HOMES LOCATED ON THE NORTHWEST CORNER OF PARK DRIVE AND HILLSIDE DRIVE ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF PARK DRIVE AND HILLSIDE DRIVE. APPLICANT : MARTIN FREY CASE 'NO: PUD-16 WHEREAS, a verified application for certain property, to Lots 15 and 20 and that portion of Lot 19 lying North- easterly of the Southeasterly prolongation of the Southwesterly line of said Lot 15, all in Block "G" of Bella Vista, according to Map thereof No. 2152 filed Marc 7, 1929 has been filed with the City of Carlsbad, and referred to the 12 13 14 15 16 17 18 19 20 21 22 22 I I 1 Planning Commission; and WHEREAS, said verified application constitutes a request provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 25th day of June, 1980, hold a duly noticed public hearing and a continuec public hearing on July 23, 1980, as prescribed by law to cons; said request; and WHEREAS, at said puSlic hearing, upon hearing and considt all testimony and arguxents, if any of all persons desiring tc heard, said Commission considered all factors relating to the Planned Unit Development; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 24 i Commission as follows: 25 27 B) That based on the evidence presented at the public heari 26 A) That the above recitations are true and Correct. the Commission recommends APPROVAL of PUD-16, based on t following findings and subject to the following conditio 28 //// I1 . " .. e e 1 2 3 4 5 Findings - : 1) The proposed project will not be detrimental to the persol residing in the vicinity or injurious to property or imprc ments in the area because: a. The property will be developed as a single family subdivision and will be compatible with surrounding uses. 6 7 2) ~11 design criteria and development standards set forth i: 4) The proposed project is consistent with the general plan 9 of the neighborhood and community. 8 PUD ordinance have been met. 3) The proposed project will contribute to the general well 10 since it is within the density range specified for the si as indicated on the land use plan. l1 5) The project is consistent with all city public facilities 12 13 policies and ordinances because: a. The applicant has received 19 edu's from the second phase sewer allocation of the City Sanitation Distri 14 15 16 17 18 19 I 20 21 22 b. The Planning Commission has, by inclusion of an appropriate condition to this project, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be 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 within the project unless sewer service remains available, the Planning Commission is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this project. 23 24 25 26 27 28 c. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. d. All necessary public improvements have been provide will be required as conditions of approval. PC RES0 #1657 -2- I 9 1- .. 0 0 1 2 3 4 5 6 7 8 9 e. School facilities will be available in the Carlsbad Unified School District. 6) The design of the project will not cause any significant environmental impacts since based on an initial study of the project (including a field investigation of the site q an archaeological survey) the Planning Director has deter] that the project will not result in any adverse environme: impacts and therefore has issued a declaration of negativl environmental impact on May 15, 1980, Log No. 702. Conditions 1) Approval is granted for PUD-16, as shown on Exhibit(s) "Y dated June 9, 1980, incorporated by reference and on file the Planning Department. Development shall occur substan as shown unless otherwise noted in these conditions. 10 2) 11 12 13 14 15 3) This project is approved upon the express condition that building permits shall not be issued for development of the subject property unless the City Engineer determin that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. 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 project. 16 17 18 19 20 21 I 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 agreement dated March 3, 1980, is on file with the City ( and is incorporated herein by reference. If said fee is paid as promised, this application will not be consistenl with the General Plan and approval for this project shal: be void. 22 23 5) The applicant shall prepare a reproducible mylar of the 24 conditions contained herein. Said site plan shall be final Planned Unit Development site plan incorporating tl the issuance of building permits. submitted to and approved by the Planning Department pric 25 26 27 28 I 6) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Department prior to final map approval. Said plan shall include planting of slopes with drought tolerant native vegetation. //// PC RES0 #1657 -3- I1 4- .. ,. .. 1 2 3 4 5 6 7 8 9 10 11 12 * e 7) The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Department prior to final map approval. 8) In order to provide for fire protection during the construction period, the applicant shall maintain passabl vehicular access to all buildings. In addition, adequate fire hydrants with required fire flows shall be installed on and off site as required by the Fire Department. 9) Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval by the Planning I Department prior to installation of such signs. I 10) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debrj 11) Approval of this request shall not excuse compliance wit€ all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. 13 I 12) The homeowner's association will be responsible for main- 15 requirement shall be stated in the CC&R'S. vehicle storage area and open space easement. This 14 taining the private street, recreation areas, recreation; 14) The recreation areas shall be shielded from the surround 17 required front setbacks shall not exceed a height of 3'. not exceed a height of 6'. Fences or walls within the 16 13) Fences or walls within the required side or rear setback: .streets and residences by a combination of heavy landsca: 18 19 I slopes and fences to the satisfaction of the Planning Department. I 20 21 22 23 24 25 26 15) The recreational vehicle storage area as shown on Exhibi dated July 18, 1980, shall be surrounded by a six foot h fence with a locking gate. Lighting for this area shall directed so that it does not spill over onto surrounding residences. A dense mature landscape screen surrounding storage area shall be established to the satisfaction of the Planning Director and shall be shown on the landscap and irrigation plan per Condition No. 6. Said landscapi shall be installed prior to final occupancy of any units the Planning Director shall ensure at this time that the landscaping effectively serves to screen the storage are from Park Drive, adjacent residents and the private stre ///I 27 //I/ 28 //// PC RES0 #1657 I! -4- ,"I ' . ,*I, . ., .' ' ll 0 0 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 11 Planning Commission of the City of Carlsbad, California, held ( 311 the 23rd day of July, 1980, by the following vote, to wit: 4 5 AYES: Schick, Larson, Friestedt, Rombotis, Marcus, Leeds NOES : None and Jose 6 11 ABSENT: None 7 a 9 10 11 ABSTAIN : None 1 ATTEST : 12 II 16 17 18 19 i 20 21 22 23 24 25 26 27 28 PC RES0 #1657 CARLSBAD PLANNING PR/IISSI Y \ -5-