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HomeMy WebLinkAbout1981-01-28; Planning Commission; Resolution 1758f ,e 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. 1758 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO A TENTATIVE SUB- DIVISION MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF SANTA ISABEL STREET AND EL FUERTE STREET. APPLICANT: HESCON CASE NO: CT 79-7 (A) /CP-10 (A) WHEREAS, a verified application for certain property to, Lots 402 through 406 inclusive of La Costa Meadows Unit No. 2, in the City of Carlsbad, according to map thereof No. 6905 filed in the Office of the County Recorder, April 21, 1971 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 28th day of January, 1981, hold a duly noticed public hearing as prescribe 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 be heard, said Commission considered all factors relating to t 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 hearir the Commission recommends APPROVAL of CT 80-7(A)/CP-lO(A) based on the following findings and subject to the follot conditions: Findinas: 4 1) The project is consistent with the city's current General since the proposed density of 14.3 du/ac is within the APN: 215-330- 07.08,09,10,11 f e e 1 2 3 4 5 6 10-20 du/ac density range established for this property i the Land Use Element of the General Plan. Also, as conditioned, the project is consistent with all other el€ of the General Plan. 2) The site is physically suitable for the type and density development since the site is adequate in size and topogr to accommodate residential development at the proposed de and still meet all of the city's condominium and subdivis regulations without creating any significant environmentz impacts. 7 8 3) The project is consistent with all city public facility policies and ordinances since: a) The Leucadia County Water District has allocated 9 sufficient sewer connections for the project. 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 b) c) 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 tk: will enable this body to find that public facilities will be available concurrent with need as required k general plan. School fees to mitigate conditions of overcrowding 2 required at the time of building permits pursuant tc Chapter 21.55 of the Carlsbad Municipal Code. The Planning Commission has, by inclusion of an appr riate condition to this condominium permit and tentz subdivision map, insured that the final map will not approved unless the City Council finds that sewer SE is available to serve the project. In addition, the Planning Commission has added a condition that a not placed on the final map that building permits may nc issued for the condominium project unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available, and building cannot occur with the project unless sewer service remains available, Planning Commission is satisfied that the requiremer! of the public facilities element of the General Plar have been met insofar as they apply to sewer service this condominium permit and tentative map approval. 4) The proposed condominium project meets the criteria of Chapter 21 m 47 (Condominiums) since : a) The condominiums meet the design criteria of Chapter 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 arc provided. I/ pc REso #1758 -2- ll r 0 e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I b) Storage space, laundry facilities, open recreation a parking facilities, separate utilities and requireme of Section 21.47.130 have been met or will be condit of approval. 5) The design of the subdivision and type of improvements wi not conflict with easements for public use of public acce through the subject property. 6) The project will not cause any significant environmental impacts and a negative declaration has been issued by the Planning Director on December 31, 1980, and approved by t Planning Commission on January 28, 1981. General Conditions 1) Approval is granted for CT 79-7 (A)/CP-10 (A), as shown on Exhibit(s) A, B, C, D, E, F, G, H, I, J, and K, dated November 4, 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 final map shall not be approved unless the City Council f as of the time of such approval that sewer service is available to serve the subdivision. 3) This project is approved upon the express condition that building permits will not be issued for development of tl subject property unless the City Engineer determines that sewer facilities are available at the time of applicatior such sewer permits and will continue to be available untj time of occupancy. This note shall be placed on the fix 4) This project is approved upon the express condition that applicant shall pay a public facilities fee as required I: 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 sa.id fee a copy of that agreement dated October 20, 1980, is on file with the City Clerk and 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 pay park-in-lieu fees to the city, pr to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 6) The applicant shall provide school fees to mitigate condi of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect E the time of building permit application. PC RESO #1758 -3 - ' /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 7) Approval of this request shall not excuse compliance wit1 sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit iss1 Planning Department 8) Any wall proposed in the front setback area along Santa Isabel Street shall not exceed 42" in height. 9) 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 i approved by the Planning Director prior to the issuance ( building permits. 10) The applicant shall establish a homeowner's association i corresponding covenants, conditions and restrictions. Si CCStR'S shall be submitted to and approved by the Planninc Department prior to final map approval. 11) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to issuance of building pt 12) All landscaped areas shall be maintained in a healthy ant thriving condition, free from weeds, trash, and debris. 13) Any signs proposed for this development shall be designec in conformance with the city's Sign Ordinance and shall require review and approval of the Planning Department p: to installation of such signs. 14) All roof appurtenances, including air conditioners, shal: be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the Planning Department and Build. Director. Engineering Conditions 15) All planter areas shall have curb returns with a minimum radius acceptable to the City Engineer. 16) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 17) The grading for this project is defined as "controlled grading" by Section 11.06.170 (a) of the Carlsbad Municipi Code. Grading shall be performed under the observation ( civil engineer whose responsibility it shall be to coord: site inspection and testing to insure compliance of the I with the approved grading plan, submit required reports . the City Engineer and verify compliance with Chapter 11.1 of the Carlsbad Municipal Code. PC RES0 #1758 11 -4 - . e e 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 18) No grading shall occur outside the limits of the subdivis unless a letter of permission is obtained from the owners the affected properties. 19) The developer shall install street lights along all publi and private street frontages in conformance with City of Carlsbad standards. 20) The developer shall install street trees at the equivaler of 40 foot intervals along all public street frontages ir conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved street t list. 21) The developer shall comply with all the rules, regulatior and design requirements of the respective sewer and water agencies regarding services to the project. 22) The developer shall install a wheelchair ramp at the pub1 street corner abutting the subdivision in conformance wit City of Carlsbad standards prior to occupancy of any buil 23) The private driveways shall have a minimum width of 24 ft. The typical section shall conform to city standard drawir GS-7. The structural section shall conform to city stand based on R-value tests. 24) A catch basis shall be placed on the west side of the dri exiting on Santa Isabel Street and a curb outlet shall be provided. Curb and gutter shall be provided along the WE side to direct the drainage flow to the catch basin. 25) The driveway exits to the public streets shall be 24 feet wide and shall conform to standard drawing G-14. 26) Parking space number 8 shall be deleted. Parking space r 1 shall be deleted and the driveway shall be provided wit a minimum inside radius of 15 feet. 27) The proposed retained fill along the south side of the pl shall be permitted only if a stability analysis by a soil engineer is performed and the soils engineer certifys thz the design is stable. In the absence of a soils engineer report, no fill will be permitted unless the existing slc is regraded to no steeper than 2.1 and the proposed fill no slopes steeper than 2:l. Parks and Recreation.Conditions 28) No existing street trees shall be removed without permit from the Parks and Recreation Director. 29) No street tree shall be planted within 5' of sidewalk or of sewer line. PC RES0 #1758 -5- . ', p e e 1 minimum of 12" back from sidewalk edge. 30) Irrigation lines adjacent to sidewalk shall be installed 2 11 Fire Department Conditions 3 31) All private driveways shall be kept clear of parked vehic at all times, and shall have posted "NO Parking/Fire Lanc 4 Tow Away Zone" as per condition in Municipal Code. 5 6 32) Fire retardant roof shall be required on all structures 1 7 of 30 feet to each residence. 8 34) All fire alarm systems, fire hydrants, extinguishing sysl 9 automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for apl 10 prior to issuance of building permits. 11 35) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants 12 on-site roads and drives. Building and Fire Department. 33) Brush clearance shall be maintained within a minimum dist 36) An all weather access road shall be maintained throughoui l3 I construction. l4 15 37) Water for fire protection shall be installed prior to tht- placement of combustibles on the building site. 16 17 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held 18 ii the 28th day of January, 1981, by the following vote, to wit: 19 I I AYES: MARCUS, ROMBOTIS, LARSON, LEEDS, JOSE, FRIESTEDT, NOES : NONE ABSENT : NONE ABSTAIN: NONE L ' HEUREUX 20 21 22 23 ...-a= .i' PLANNING ,.;/' ::~bmISSION 26 J* c . 2~cm~N , 3rWdq ,,.-,? /' 24 ATTEST: ; CARLS PLANNING Chairman COMMISSI /l"l , <S 25 2,y d7 ,: ./ .- i I. ..*../c -4 i' ai' 28 PC RES0 #1758 -6- ri