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Home My WebLink About1980-10-22; Planning Commission; Resolution 1671- 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 3.8 19 20 21 22 23 24 e e PLANNING CO'MMI'SSION 'RESOLUTION NO. 1671 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 10 UNITS ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF GARFIELD STREET AND JUNIPER STREET. APPLICANT: BEHRENDSEN CASE NO: CT 8 0 -.2'1/'CP - 9'9 WHEREAS, a verified application for certain property to wit: Lot.13, Block E, Palisades, in the City of Carlsbad, according to 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 th Planning Commission; and WHEREAS, said verified application constitutes a reques I 1 provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 23rd day o July, 27th day of August, and on the 22nd day of October, 19 hold a duly noticed public hearing as prescribed by law to c said request; and WHEREAS, at said public hearing, upon hearing and consi all testimony and arguments, if any, of all persons desiring be heard, said Commission considered all factors relating to 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. 25 B) That based on the evidence presented at the public hear 26 conditions: 27 the Commission recommends APPROVAL of CT 80-21/CP-99, b on the following findings and subject to the following 28 //// - * /I e e 1 Findings : 2 1) The project is consistent with the General Plan since thc proposed density of 25 dulacre is within the density ran: Element of the General Plan and is justified based upon ' 3 reasons contained in the staff report. 4 of 20-30 dulacre specified for this property in the Land 5 2) The site is physically suitable for the type and density to accommodate residential development at the proposed dl 6 the development since the site is adequate in size and s: 7 and still meet all the requirements of the condominium ordinance. 8 3) The project is consistent with all city public facility 9 policies and ordinances since: 10 // 11 12 13 14 a. The Planning Commission has, by inclusion of an appropriate condition to this condominium permit in that building permits will not be issued unless the City Council finds that sewer service is available serve the project, and building cannot occur within the project unless sewer service remains available the Planning Commission is satisfied that the requi of the public facilities element of the General Pla been met insofar as they apply to sewer service for and condominium permit approval. 15 16 b, School facilities will be provided to this project the Carlsbad Unified School District. 17 18 d, All necessary public improvements have been provide ca Park-in-lieu fees are required as a condition of approval. will be required as conditions of approval. 19 I 20 21 22 e. The applicant has agreed and is required by the inc of an appropriate condition to pay a public facilit f.ee.. Performance of that contract and payment of t fee will enable this body to find that public facil will be available concurrent with need as required the General Plan. Z3 4) The design of the project and all required improvements the Planning Director has issued a negative declaration 25 based on an initial study and field investigation of the 24 not cause any significant environmental impacts since, July 31, 1980, Log No. 729. 26 5) The proposed condominium project complys with the provis 27 of Chapter 21.47 (.Condominiums) since: 28 //// PC RES0 #1671 -2- I - , .. 0 0 1 2 3 4 5 a. The condominiums meet the design criteria of Chaptel 21.47.110 as the overall plan is comprehensive, embl land, building, landscaping and their relationships, sufficient circulation and on-site amenities are prc b. Storage space, laundry facilities, open recreation : parking facilities, refuse areas, separate utilitie: requirements of Section 21.47.130 have been met or I by conditions of approval. 6 6) The design of the subdivision and type of improvements w: not conflict with easements for public use or public accc 7 through the subject property. 8 10 1) Approval is granted for CT 80-21/CP-99, as shown on Exhi' 9 Condit'ions "A" dated October 2, 1980 and Exhibits tlBIT,"C1l , "D" and 'I: dated October 17, 1980, incorporated by reference and on in the Planning Department. Development shall occur conditions. 11 substantially as shown unless otherwise noted in these 12 13 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 determi 14 that sewer capacity is available at the time of applicat 15 for such permits and will continue to be available until time of occupancy. I.6 3) This project is approved upon the express condition 17 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. 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, dated April 16, 1980, 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. 28 irrigation plan which shall be submitted to and approved by the Planning Department prior to final map approval. 6) The applicant shall prepare a detailed landscape and li pc RESO #1671 -3- - , 1. 0 e 1 2 3 4 5 6 7) The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions, Said CCGR's shall be submitted to and approved by the Planning Director prior to final map approval. 8) 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 Director. 7 prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 8 9) The applicant shall pay park-in-lieu fees to the city, 9 10 11 12 10) AI1 landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris * 11) 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. 13 12) All roof appurtenances, including air conditioners, streets to the satisfaction of the Planning Director 15 view and sound-buffered from adjacent properties and 14 shall be architecturally integrated and shielded from and Building Director. I€i 13) Approval of this request shall not excuse compliance 17 with all sections of the zoning ordinance and all other applicable city ordinances in effect at time of building 18 I1 permit issuance. 19 commencement of any clearing'or grading of the site. 21 1 I 14) The applicant shall install a wheelchair ramp, at the co of Garfield Street and Juniper Avenue, to city standards prior to occupancy of any units. 20 15) The developer shall obtain a grading permit prior to the 22 23 24 25 16) The grading for this project is defined as "regular grad by Section 11.06.170(a) of the City Code. The developer shall submit a grading plan for approval which shall inc all required drainage structures and any required erosio control measures. The developer shall also submit soils geologic or compaction reports if required and shall com with all provisions of Chapter..11.06 of the City Code. 26 17) All fire alarm systems, fire hydrants, extinguishing sys automatic sprinklers, and other systems pertinent to the approval prior to construction. 27 location, shall be submitted to the Fire Department for 28 PC RES0 #I671 -4- I1 <. b , ,I e * 1 2 3 4 18) All private driveways shall be kept clear of parked vehic at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" according to Section 17.04.060 of the Municipal Code. '' ~ 19) Water for fire protection to be in before combustibles ar on building site as required by Fire Marshall. 5 20) In order to provide for fire protection during the con- fire hydrants with required fire flows shall be installed 7 vehicular access to all buildings. In addition, adequate 6 struction period, the applicant shall maintain passable shall have an automatic fire sprinkler system or shall be 21) The area under the decks extending over the driveway area 8 on and off site as required by the Fire Chief. 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the 10 otherwise protected to the satisfaction of the Fire Depar 11 the 22nd day of October, 1980, by the following vote, to wit: 12 Planning Commission of the City of Carlsbad, California, held 13 14 AYES: Commissioner Schick, Friestedt, Jose, Larson, Lee NOES : None. Rombotis. 15 11 ABSENT: Commissioner Marcus. 16 17 ABSTAIN: None. 18 1 19 I 20 JATTEST: 4A; ;\, ;J\& - .. ?.,.:c; 1J.i c i\.-...2, * $3 c k&.,,< <',, :." -. EDWIN S. SCHICK, R., Chair CARLSBAD PLANNING CO SSIC 4A; ;\, ;J\& - .. ?.,.:c; 1J.i c i\.-...2, * $3 c k&.,,< <',, :." -. EDWIN S. SCHICK, R., Chair CARLSBAD PLANNING CO SSIC x\ 25 11 26 27 28 PC RES0 $1671 -5-