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HomeMy WebLinkAbout1980-07-23; Planning Commission; Resolution 1672' *I1 e e 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 PLANNING COMMISSION RESOLUTION NO. 1672 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, -WCOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND A CONDOMINIUM PEXMIT TO DEVELOP SEVEN (7) UNITS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF LINCOLN STREET BETWEEN PINE AVENUE AND WALNUT AVENUE. APPLICANT: LATITUDE 33 CASE NO: CT 80-22/CP-101 - . .. WHEREAS, a verified application for certain property to, The northwesterly 100 feet of Tract 219 of Thumlands, in the City of Carlsbad, according to Map thereof No. 10 filed December 9, 1915 has been filed with the City of Carlsbad, and referred to the 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 23rd day of July, 1980, hold a duly noticed public hearing as prescribed law to consider said request; and WHEREAS, at said public hearing, upon hearing and consid all testimony and arguments, if any, of all persons desiring heard, said Commission considered all factors relating to 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 80-22/CP-101, b on the following findings and subject to the following conditions: / Findings: 1) The project is consistent with the city's general plan since it is within the density range specified for the site. 0 e 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 28 2) The site is physically suitable for the type and density the development since the site is adequa.te in size and SI to accommodate residential development a.t the density proposed and still meet all the requirements of the condominium ordinance. 3) The project is consistent with all city public facility policies and ordinances since: a. The applicant has received 7 edu's from the second phase sewer allocation in the City of Carlsbad Sewe District. b. 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 projecl In addition, the Planning commission has added a condition that a note shall be placed on the final I that building permits will not be issued for the condominium project unless sewer service is availab: and building cannot occurwithin the project unless sewer service remains available, the Planning Commi; is satisfied that the requirements of the public facilities element of the general plan have been me1 insofar as they apply to sewer service for this ten1 map and condominium permit approval.. c. School facilities will be provided by the Carlsbad Unified School District. d. Park-in-lieu fees are required as zt condition of apl e. All necessary public improvements have been provide( will be required as conditions of approval. f. The applicant has agreed and is required by the inc; of an appropriate condition to pay a public facilitj fee. Performance of that contract and payment of tl fee will enable this body to find that public facilities will be available concurrent with need a$ required by the General Plan. 4) The proposed project is compatible with the surrounding 1 use since much of the surrounding property has been or i: being developed in a similar manner. 5) The proposed tentative map and condominium project meets of the design criteria of the condominium ordinance as detailed in the staff report and exhibit "A" dated June : 1980. 6) The proposed tentative map and condomini.um project meets of the development standards of the condominium ordinancc PC RES0 #1672 -2- a. a a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 I 20 21 22 23 24 25 26 27 28 I detailed in the staff report and Exhibit "A" dated, June 1980. 7) The design of the project and all required improvements 1 not cause any significant environmental impacts since, b; on an initial study and field investigation of the site, Planning Director has issued a negative declaration on JI 14, 1980, Log No. 724. Conditions 1) Approval is granted for CT 80-22/CP-101, as shown on Exhibit (s) "A", "B" , and "C", dated June 27, 1980, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that building permits shall not be issued for developmen. of the subject property unless the City Engineer determil 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 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 April 17, 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 the General Plan and approval for this project shall be void. 5) The applicant shall prepare a reproducible mylar of the final condominium site plan incorporating the conditions 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 be submitted to and approved by the Planning Department prior to final map approval. 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. PC RES0 #1672 -3- ., ~'l a e 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 28 8) In order to provide for fire protection during the construction period, the applicant shall maintain passable 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) The applicant shall install street trees to city spec- ifications at 40 foot intervals along all public street frontages prior to final occupancy of any building. The variety of said trees shall be subject to the approval of the Parks and Recreation Department. 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) 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 Department prior to installation of such signs. 12) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 13) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning Director and Fire Marshall prior to final map approval. 14) All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the Planning Departme, and Building Department. 15) Approval of this request shall not excuse compliance wit all sections of the zoning ordinance and all other appli city ordinances in effect at time of building permit issuance. 16) The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading permit prior to issuance of building permits if grading quantity exceeds 250 cubic yards. 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. 18) All units shall provide space for laundry facilities to accommodate a washer and dryer. ~ PC RES0 #1672 -4- * - )' c 11 e 0 1 2 3 4 5 6 7 20) All private driveways shall be kept clear of parked vehic at all times, and shall have posted "NO Parking/Fire Lane Tow Away Zone" as per condition in Municipal Code. 21) The developer shall improve Lincoln Street to city stand; and subject to the approval of the City Engineer based or centerline to curb face width of 20 feet prior to the occupancy of any units. 22) Prior to final occupancy of any units, the visitor parkir spaces shall be signed and labeled to the satisfaction oj the Planning Director. 8 9 10: PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held the 23rd day of July, 1980, by the following vote, to wit: 11 12 AYES: Schick, Larson, Friestedt, Rombotis, Marcus, Leeds NOES : None and Jose 13 // ABSENT : None I 14 15 16 ABSTAIN : None CARLSBAD PLANNING \C&@TMISSl I' 1) ATTEST: l8 ! 19 /. I I 2# 2 TadAD 23 11 25 26 27 28 24 I PC RES0 #1672 I -5- u