HomeMy WebLinkAbout1980-10-08; Planning Commission; Resolution 17104
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P'LANNING COMMISSION .RESOLUTION NO. 1710
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 10 UNIT AIR SPACE TENTATIVE TRACT MAP AND OFFICE CONDOMINIUM PERMIT ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF PI0 PIC0 AND CHESTNUT AVENUE. APPLICANT: FREEHOF CASE 'NO: CT 80-40/CP-130
WHEREAS, a verified application for certain property to
wit:
Portion of Lots 12 and 13 in Block "C" of the Resubdivi
of a portion of Alles Avocado Acres, Map No. 2027
has been filed with the City of Carlsbad, and referred to th
Planning Commission; and
WHEREAS, said verified application constitutes a reques
provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did, on the 8th day of
October, 1980, hold a duly noticed public hearing as prescri
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and consi
all testimony and arguments, if any, of all persons desiring
heard, said Commission considered all factors relating to th
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 hear the Cornmission recommends' APPROVAL of CT 80-40/CP-130, on the following findings and subject to the following conditions:
F i nd'i n'g s
1) The propo.sed tentative map is consistent with the Land
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Element of the General Plan.
c .r' ,v e e.
1 2) The project, as conditioned, will have adequate street
improvements, dedications and access to serve the subjec
2 project.
3 3) The site is physically suitable in size and shape for tl
proposed development since sufficient public improvemeni
provided without the need for excessive modification to 4
the site. 5
and adequate amenities necessary to serve all lots are
6 4) The project will not cause any significant adverse envii
mental impacts and the Planning Director has issued a
7 Conditional Negative Declaration (Log No. 698, dated 5/1
8 5) The design of the subdivision will not cause any seriou:
health problems since the project meets all public heal1
9 requirements.
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6) The project is consistent with all City Public Facility Policies and Ordinances since:
a) The Planning Commission has, by inclusion of an appropriate condition to this Tentative Subdivisio~ Map, insured that the final map will not be approvc unless the City Council finds that sewer service i:
available to serve the project. In addition, the
Planning Commission has added a condition that a nc shall be placed on the final map that building pen
may not be issued for this project unless the City Engineer determines that sewer service is availablc Since the final map cannot be approved and buildinc permits cannot be issued unless sewer service rema: available, the Planning Commission is satisfied thi the requirements of the Public Facilities Element ( the General Plan have been met insofar as they app:
to sewer service for this project.
7) The 'project meets all development standards and design
criteria of the condominium ordinance relative to a non- residential condominium project.
Co~n'di:tio.n,s, .
1) Approval is granted for CT 80-40, as shown on Exhibit "I
dated 9/19/80, on file in the Planning Department and
incorporated by reference.' Devexopment shall occur sub.
stantially as shown on these exhibits unless otherwise 1
in these conditions.
2) This subdivision is approved upon the express condition
the final map shall not be approved un1es.s the City COUI finds as of the time of such approval that sewer servicf availab.le to serve the subdivision,
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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 2/27/80, 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.
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4) The applicant shall prepare a reproducible mylar of the
contained herein. Said site plan shall be submitted to
final condominium site plan incorporating the conditions
9 and approved by the Planning Department prior to the
issuance of building permits.
lo 5)
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6)
The applicant shall establish an owners association with corresponding covenants, conditions, and restrictions to ensure maintenance of the common areas. Said CC&R'S shall be submitted to and approved by the Planning
Department prior to final map approval.
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.
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7) 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. 19
all liens and encumbrances. 21
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20. 8) All land and/or easements required by this subdivision sh4
be granted to the city, without cost to the city, free of
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permit prior to issuance of building permits. 23
9) The developer shall receive the approval of the City
Engineer for a site grading plan and obtain a grading
24 10) Drainage improvements shall be constructed in accordance
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with an approved plan, and the work shall be coordinated
with .the overall plan for grading to the satisfaction
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of the City Engineer.
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11) The applicant shall construct a concrete sidewalk on Pi0 I Drive to city standards prior to the final occupancy of a] buildings.
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1 12) The applicant shall construct a wheelchair ramp on the COI of the subject property prior to the final occupancy of ar 2 buildings.
3 13) Medical and dental uses are specifically not allowed in tl
4 II professional office complex.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held (
the 8th day of October, 1980, by the following vote, to wit:
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AYES : Commissioner Schick, Larson, Rombotis, Marcus ar
Jose.
NOES : None.
10 11 ABSENT: Commissioner Leeds and Friestedt.
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ABSTAIN: None.
l4 ATTEST: I1
);II ,,i,:li,'l l;i\,
h '> \ ~ '5
.. !\d 9. Ab"'..-
.. ,, vi \. EDWIN S. S H CK, e \, Chair] CARLSBAD PLANNING f0 ISSIO' \T \\.
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