HomeMy WebLinkAbout1981-03-25; Planning Commission; Resolution 1789I, r ., ?
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PLANNING COMMISSION RESOLUTION NO. 1789
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL FOR A FOURTEEN UNIT CONDOMINIUM
PROJECT ON PROPERTY GENERALLY LOCATED ON THE
WEST SIDE OF JEFFERSON AVENUE
APPLICANT: PACIFIC SHORES
CASE NO: CT-81-4/CP-150
WHEREAS, a verified application for certain property to,
wit:
That portion of Tract No. 3 in Laguna Mesa Tracts according to Map Thereof No. 1719 filed in the office of
the County Recorder of San Diego County, June 20, 1921
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 25th day of
March, 1981, 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
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 81-4/CP-150,
based on the following findings and subject to the
following conditions: ////
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1 Findings:
2 1) The project is consistent with the city's General Plan sir the proposed density of 17 du's/acre is within the density
on the Land Use Element of the General Plan and can be 3
justified for the reasons stated in the staff report. 4
range of 10-20 du's/acre specified for the site as indicat
5 2) The site is physically suitable €or the type and density c
proposed and still meet all of the requirements of the
t.0 accommodate residential development at the density 6
the development since the site is adequate in size and shz
7 Condominium Ordinance.
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3) The project is consistent with all city public facility
policies and ordinances since:
a) The Planning Commission has, by inclusion of an
10 tentative subdivision map, insured that the final maF appropriate condition to this condominium permit and
addition, the Planning Commission has added a conditi 12
sewer service is available to serve the project. In will not be approved. unless the City Council finds tk 11
that a note shall be placed on the final map that
13 building permits may not be issued for the condominiu
project unless the City Engineer determines that sewe
14 service is available, and building cannot occur withi
the prcject unless sewer service remains available,
15 the Planning Commission is satisfied that the requirements of the public facilities element of the
16 General Plan have been met insofar as they apply to
sewer service for this tentative map and condominium
17 permit approval.
18 b) School facilities will be available to this project a indicated by the Carlsbad Unified School District per
19 1 letter dated March 16, 1981.
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c) Park-in-Lieu fees are required as a condition of approval.
d) All necessary public improvements have been provided
or will be required as conditions of approval.
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4)
e) The applicant has agreed and is required by the inclu of an appropriate condition to pay a public facilitie fee. Performance of that contract and payment of the fee will enable this body to find that public facilit will be available concurrent with need as required by
the General Plan.
The proposed project is compatible with the surrounding la use since the property to the north and several properties
to the south have been developed at a similar density.
PC RES0 #1789 -2-
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5) This project as conditioned will not cause any significant environmental impacts and a Conditional Negative Declarati has been issued by the Planning Director on February 27, 1
and approved by the Planning Commission on March 25, 1981.
Conditions:
General Conditions
1) Approval is granted for CT-81-4/CP-150 as shown on Exhibit
A-D+X dated February 6, 1981, incorporated by reference and on file in the Planning Department. Development shall
occur substantially as shown unless otherwise noted in thc
conditions.
2) This project is approved upon the express condition that building permits will not be issued for development of thc subject property unless the City Engineer determines that sewer facilities are available at the time of application
for such sewer permits and will continue to be available
until time of occupancy.
3) This project is approved upon the express condition that 1
applicant shall pay a public facilities fee as required b1
City Council Policy No. 17, dated August 29, 1979, on fil<
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
February 6, 1981, is on file with the City Clerk and
incorporated herein by reference. If said fee is not paic
as promised, this application will not be consistent with
the General Plan and approval for this project shall be
void.
181")
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. 19 I
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Planning Department
5) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applic
city ordinances in effect at the time of building permit issuance.
6) The applicant shall prepare a reproducible mylar of the f
condominium site plan incorporating the conditions contai
herein. Said site plan shall be submitted to and approve
by the Planning Director prior to the issuance of buildin
permits.
7) The applicant shall establish a homeowner's association a corresponding covenants, conditions and restrictions. Sa
CC&R's shall be submitted to and approved by the Planninc
Department prior to final map approval.
PC RES0 #1789 -3-
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1 8) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved
shall include salt-tolerant plants which require minimal
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fertilization. 3
the Planning Director prior to final map approval. The p
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9) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
10) Any signs proposed for this development shall be designed
in conformance with the city's Sign Ordinance and shall
require review and approval of the Planning Department pr
to installation of such signs.
8 11) All roof appurtenances, including air conditioners, shall
architecturally integrated and shielded from view and the
satisfaction of the Planning Department and Building Dire
9 sound buffered from adjacent properties and streets to tk:
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12 excavated in a controlled manner as suggested by Brian Fa
Environmental Conditions
12) The applicant shall have a 1 meter x 1 meter test unit
Mooney's letter of January 27, 1981. If this excavation 13
the property it shall be excavated and salvaged to the
indicates that there is a significant archeological site
satisfaction of the Planning Director. 14
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13) The applicant shall erect a sandbag barricade axround the limits of the grading for this project, install a siltin5 basin or basins and comply with all other mitigation measures suggested in the siltation report prepared by
C. G. Engineering, and dated February 9, 1981 and the addendum to the report dated Pilarch 10, 1981. 18
14) Prior to issuance of a grading permit the applicant shall 19
February 9, 1981 and addendum of March 10, 1981. 20
submit a detailed grading plan incorporating all of the
mitigation measures suggested in the siltation report o
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15) The applicant shall comply with all mitigation measures
a drainage system approved by the City Engineer. 24
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18) The porches to the rear of buildings 3 and 4 shall be 27
Director. 26
17) The proposed storage area shall be proportioned into 14 25
imposed by the California State Fish and Game Department.
Engineering Department
16) Drainage from roof drains and paved areas shall be Carrie
separate, securable areas to the satisfaction of the Plar
constructed at ground level.
PC RES0 #1789 -4-
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19) The applicant shall install a decorative wall or fence along the the westerly property line to restrict access to Buena Vista Lagoon. A plan for said wall shall be
submitted to both the Planning Director and California
State Fish & Game Department subject to their approval prior to issuance of building permits.
5 11 20) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
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The grading for this project is defined as "regular gradi
by Section 11.06.170(a) of the Carlsbad Municipal Code.
The developer shall submit a grading plan for approval
which shall include all required drainage structures and
any required erosion control measures. The developer sha
also submit soils, geologic or compaction reports if requ
and shall comply with all provisions of Chapter 11.06 of
Carlsbad Municipal Code.
Additional drainage easements and drainage structures sha
be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engineer.
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24) The developer shall comply with all the rules, regulation 15
clearly stated in the CC&R's. 14
23) The drainage system shall be maintained by the homeowner'
and design requirements of the respective sewer and water 16 agencies regarding services to the project.
17 Fire Department
18 25) The proposed security gate systems shall be subject to
19 approval of both Police and Fire Departments prior to
approval of the Final Map.
20 26) All fire alarm systems, fire hydrants, automatic sprinkle
21 and other systems pertinent to the project shall be submi to the Fire Department for approval prior to construction
22 27) The subterranean parking garage shall be sprinklered to t
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24 the Fire Department.
association in perpetuity. This responsibility shall be
satisfaction of the Fire Department.
28) Building No. 2 shall be sprinklered to the satisfaction o
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1 PASSED, APPROVED AND ADOPTED at a regclar meeting Of the
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the 25th day of March, 1981, by the following vote, to wit: 3
Planning Commission of the City of Carlsbad, California, held c
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AYES: Chairman Marcus, Commissioners Leeds, Jose, Friestt
ABSTAIN: None. 7
ABSENT : None. 6
NOES: None.
Larson, Rombotis and L'Heureux.
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ATTEST :
fiLm 42?JLr
MARY MA S, Chairman m CARLSB D PLANNING COMMISSIO!
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