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HomeMy WebLinkAbout1980-11-12; Planning Commission; Resolution 17201 w d li 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. 1720 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 6 UNITS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CACATUA STREET NORTH OF UNICORN10 STREET. APPLICANT: EVENT PROPERTIES CASE NO: CT 80-29/CP-lll WHEREAS, a verified application for certain property to Lot 513 of La Costa Meadows Unit No. 3, in the City of Carlsbad, County of San Diego, according to Map thereof No. 7076, filed in the Office of the County Recorder, October 6, 1971. has been filed with the City of Carlsbad, and referred to th Planning Commission; and WHEREAS, said verified application constitutes a reques as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 12th day o November, 1980, hold a duly noticed public hearing as prescribed 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 to be heard, said Commission considered all factors relating 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 hear the Commission recommends APPROVAL of CT 80-29/C:P-111, based on the following findings and subject to the following conditions: Findings: 1) The project is consistent with the General Plan since t proposed density of 12 du/ac is within the density rang 10-20 du/ac established for this property in the Land U Element of the General Plan. I: APN 215-360-01 6' - i 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I/ 21 1' 22 23 24 25 26 27 28 2) The site is physically suitable for the type and densit the development since the site is adequate in size and : to accommodate residential development at the 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 Leucadia County Water District has allocated sufficient sewer connections for the project. b) The Planning Commission has, by inclusion of an appropriate condition to this condominium permit i that building permits will not be issued unless th City Council finds that sewer service is available serve the project, and building cannot occur withi the project unless sewer service remains available the Planning Commission is satisfied that the requ ments of the public facilities element of the Gene Plan have been met insofar at they apply to sewer service for this and condominium permit approval. c) School Fees to mitigate conditions of overcrowding are required at the time of building permits pursu to Chapter 21.55 of the City Municipal Code. d) Park-in-lieu fees are required as a condition of approval. e). All necessary public improvements have been proyid will be required as conditions of approval. f) The applicant has agreed and is required by the in of an approprlate condition to pay a public facili fee. Performance of that contract and payment of fee will enable thls body to find that public faci will be available concurrent with need as required the General Plan. 4) The design of the project and all required improvements not cause any sTgnificant environmental impacts since, on an initial study and field investigation of the site Planning Director has issued a negative declaration on 8, 1980, Log No. 739. 5) The propo.sed condominium project complys with the provi of Chapter 21 -47 (CondominiumsJ since: a) The condominiums meet the design criteria of Chapt 21.47.110 as the overall plan' is comprehenslve, en land, building, landscaping and their relationshir sufficient circulation and on-site amenities are 1 /HI// /I//// PC RESOL #1720 -2- .- 1 e e 1 2 3 b) Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate utilities and all other requirements of Section 21.47.130 have been met or will be met by condi- tions of approval. 4 5 6) The design of the subdivision and type of improvements Conditions 6 will not conflict with easements for public use or public access through the subject property. 7 occur substantially as shown unless otherwise noted in 9 dated July 8, 1980, incorporated by reference and on a 1* Approval is granted for CT 80-29/CP-lll, as shown on Exhibits A-D, dated November 3, 1980 and Exhibit F, file in the Planning Department. Development shall these conditions. 10 11 12 2. 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. 13 14 15 16 3. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determir that sewer facilities are available at the time of application for such permits and will continue to be avilable until time of occupancy. This note shall be placed on the final map. 17 I l8 14. 19 I 20 21 22 I 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 May 16, 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. 23 contained herein. Said site plan shall.be submitted to 24 5. The applicant shall prepare a reproducible mylar of the northerly property from the project. 28 by the Planning Department prior to final map approval. 27 6. The applicant shall prepare a detailed landscape and 26 issuance of building permits. 25 final condominium site plan incorporating the conditions and approved by the Planning Department prior to the irrigation plan which shall be submitted to and approved Said plan shall include tree planting to screen the adjac PC RES0 #1720 -3- .- 4 e e 1 2 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. 3 4 5 6 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. 7 9. The applicant shall install street trees to city spec- ifications at 40 foot intervals along all public street variety of said trees shall be subject to the approval 8 of the Parks and Recreation Department. 9 frontages prior to final occupancy of any building. The 10 10. The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final map as per Chapter 11 20.44 of the city's subdivision regulations. 12 application. These fees shall be based on the fee 13 11. The applicant shall provide school fees to mitigate application. 14 conditions of overcrowding as part of building permit schedule in effect at the time of building permit 1511 12. Any signs proposed for this development shall be designet in conformance with the City's Sign Ordinance and shall 16 17 18 ~ 13 . 19 I 14. 20 21 22 23 15. 24 require review and approval by the Planning Department prior to installation of such signs. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 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. 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. 25 applicable city ordinances in. effect at time of building 26 16. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other permit issuance. 27 ///I 28 /I// PC RES0 #1720 -4 - ,, .. * e e 1 2 3 17. If any grading is proposed, 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. The grading shall occur in accordance with an approved grading and erosion control plan and city standards. 4 5 and design requirements of the respective sewer and watel 18. The developer shall comply with all the rules, regulatior agencies regarding services to the project. 6 7 8 9 10 11 12 13 14 15 16 17 19. The applicant shall install a 6' high decorative stucco wall along the northern property line prior to final occupancy of any units. Detailed plans of said wall sha: be submitted to and approved by the Planning Director pr: to the issuance of a building permit. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 12th day of November, 1980, by the following vote I to wit: AYES: Marcus, mnbotis, Larson, Leeds, Friestedt, L'Heureux NOES: None ABSENT : Jose ABSTAIN : None l8 I 19 I 20 21 ATTEST : qkr?L MARY MA Chairman CAFUS PLANNING COMMISSI( 27 11 28 11 PC mso #1720 -5- I1