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HomeMy WebLinkAbout1980-08-13; Planning Commission; Resolution 1679,s - I1 m e i 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 I 28 I PLANNING COMMISSION RESOLUTION NO. 1679 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 9 UNITS ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF GARFIELD STREET AND MAPLE AVENUE. APPLICANT: GROSSE CASE NO: CT 80-19/CP-100 WHEREAS, a verified application for certain property to, Lots 15, 16, & 17 in Block I'D" of Palisades in the City of Carlsbad, County of San Diego, according to the Map Thereof No. 1747, filed in the Office of the County Recorder, February 5, 1923 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 13th day of August, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and conside all testimony and arguments, if any, of all persons desiring t 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 hearin the Commission recommends APPROVAL of CT 80-19/CP-100, based on the following findings and subject to the fo:llow conditions: Findings: 1) That the project density of 24 du/acre is consistent with the city's current General Plan because it is within the density range of 20-30 du/acre established for this site. /I 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 2) That the site is physically suitable for the type and den of development since the site is adequate in size and topography to accommodate residential development at the proposed density and still meet all of the city's condomi and subdivision regulations, as referenced in the staff report. 3) That the project is consistent with all city public facil policies and ordinances because: a) The City of Carlsbad has allocated 8 sewer connectic to supplement the 1 existing which will be sufficien to service this project. b) School facilities will be provided by the Carlsbad Unified School District. c) Payment of park-in-lieu fees has been made a conditi of this approval, d) 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 th fee will enable this body to find that public facili will be available concurrent with need as required b the General Plan, e) The Planning Commission has, by inclusion of an appropriate condition to this condominium permit and tentative subdivision map, insured that the final ma. will not be approved unless the City Council finds t sewer service is available to serve the project. In addition, the Planning Commission has added a condit that a note be placed on the final map that building permits may not be issued for the condominium projec unless the City Engineer determines that sewer servi is available. Since the final map cannot be approve unless sewer service is available, and building cann occur within the project unless sewer service remain 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 condominium permit and tentative map approval. 4) The design of the project and all required inprovements w: not cause any significant environmental impacts since, based on an initial study and field investigation of the : the Planning Director has issued a negative declaration 03 July 29, 1980, Log No. 735. 5) The proposed condominium project meets the criteria of Chapter 21.47 (Condominiums) since: //// PC RES0 #1679 -2- - 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 m 0 a) The condominiums meet the design criteria of Chaptel 21.47.110 since the overall plan is comprehensive, embracing land, building, landscaping and their relationships, the driveway is not a dominant featur and sufficient circulation and on-site amenities are provided. b) Storage space, laundry facilities, open recreation a parking facilities, refuse areas, separate utilities and requirements of Section 21.47.130 have been met will be conditions of approval. 6) The design of the subdivision and type of improvements wi not conflict with easements for public use or public acce through the subject property. Condi,ti'ons : 1) Approval is granted for CT 80-19/CP-100, as shown on Exhibit(s) A, B, C, D, E, F, and 6, dated May 17, 1980, and Exhibit H, dated July 14, 1980, as modified by any conditions of approval contained herein. These exhibits incorporated by reference and are on file in the Planning Department. Development shall occur substantially as she\ unless otherwise noted in these conditions. 2) 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 determinl that sewer facilities are available at the time of application for such 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 18, 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. PC RES0 #1679 -3- I - 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 m e 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, 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 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 Department. 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 Departmen and Building Department. 15) 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. 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. PC RES0 ,#E7 9 , -4- I. . 0 e 1 2 17) 4 3 6 5 7 18) 19 1 a Grading shall occur in accordance with an approved grading and erosion control plan, per city standards. 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. The applicant shall install a wheelchair ramp, at the corner of Garfield Street and Maple Avenue, to city standards prior to occupancy of any units. The subdivider shall reconstruct to the satisfaction of the City Engineer any sidewalk along the subdivision frontage needing repair prior to the occupancy of any units. 9 10 11 12 13 20) No grading shall be performed between November 1 and April 15 unless erosion control measure basins, etc., are submitted as part of the grading plan and approved by the City Engineer. 21) The subdivider shall dedicate a strip of land five feet wide along the subdivision frontage adjacent to Maple Avenue and shall include a property line radius of 10 feet at the intersection with Garfield Street. 14 22) The subdivider shall construct Maple Avenue to provide for New sidewalk shall be constructed adjacent to the curb and 15 centerline to curb face width of 20 feet to city standards a curbline radius of 20 feet at Garfield Street shall be 16 provided. 17 23) The project shall be shifted to the south in order to 18 dedications. This revision shall be incorporated on the comply with setback requirements and required street final condominium plan. 19 I //// I 20 21 22 23 24 25 26 //// //// //// //// //// //// //// 27 //I/ 28 //// PC RES0 #1679 -5- .1. - ll * e 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 the 13th day of August, 1980, by the following vote, to wit: 3 Planning Commission of the City of Carlsbad, California, held 4 5 6 AYES: Friestedt, Marcus, Leeds and Rombotis NOES: Jose, Schick ABSENT: Larson 7 a 9 10 11 ABSTAIN: None ATTEST : OLWISSION f i' p , p) !\ I*, (&A&[:;\-,+ .h "\ EDWIN S. SCHICK, JRJ, Chai CARLSBAD PLANNING C Mb ISSI (1 16 17 18 19 I 2o ~ 21 22 23 24 25 26 27 28 PC II re50 #1679 -6-