HomeMy WebLinkAbout1981-05-27; Planning Commission; Resolution 1811, r< k
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PLANNING COMMISSION RESOLUTION NO. 1811
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL FOR A 69 UNIT TENTATIVE TRACT MAP AND
CONDOMINIUM PERMIT ON PROPERTY GENERALLY
LOCATED ON THE NORTHEAST CORNER OF ALGA ROAD
AND EL FUERTE STREET.
APPLICANT: THE ANDEN GROUP
CASE NO: CT 81-12/CP-159
WHEREAS, a verified application for certain property,
'wit:
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9 June 1, 1979 in the Office of the County Recorder of
A portion of Parcel 1 of Parcel Map No. 10179 filed
San Diego County. 10
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has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a requ
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14 provided by Title 21 of the Carlsbad Municipal Code; and
15 II WHEREAS, the Planning Commission did, on the 27th day
May, 1981, hold a duly noticed public hearing as prescribed by
16 I1 llto consider said request: and 17 1 WHEREAS, at said public hearing, upon hearing and
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19 I' I considering all testimony and arguments, if any, of all person
desiring to be heard, said Commission considered all factors r
to the Tentative Tract Map and Condominium Permit: and
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22 I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing
Commission APPROVAL of CT 81-12/CP-159, based on the follo7
and subject to the following conditions:
Findings
1) The project is consistent with the city's General Plan si: the proposed density of 7. 3 du/acre is within the density of 4-10 du's/acre specified for the site as indicated on
Land Use Element of the General Plan and can be justified the reasons stated in the staff report.
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1 2) The site is physically suitable for the type and density development since the site is adequate in size and shape
still meet all of the requirements of the Condominium 2
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accommodate residential development at the density propos
Ordinance.
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3) The project is consistent with all city public facility
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policies and ordinances since:
a) The applicant has received 69 edu's from the San Marc
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b) The Planning Commission has, by inclusion of an appro
condition to this condominium permit and tentative
subdivision map, insured that the final map will not
approved unless the City Council finds that sewer ser is available to serve the project. In addition, the
Planning Commission has added a condition that a note
be placed on the final map that building permits may issued for the condominium project unless the City En determines that sewer service is available, and build
cannot occur within the project unless sewer service
remains available, the Planning Commission is satisif
that the requirements of the public facilities elemen
the General Plan have been met insofar as they apply
sewer service for this tentative map and condominium
approval.
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c) School facilities will be provided by the San Marcos
District.
I d) Park-in-lieu fees are required as a condition of appr
e) All necessary public improvements have been provided (
I will be required as conditions of approval.
f) The applicant has agreed and is required by the inclu: of an appropriate condition to pay a public facilitie
Performance of that contract and payment of the fee w
enable this body to find that public facilities will ;
available concurrent with need as required by the Genl
Plan.
4) The proposed project is compatible with the surrounding 1' use since the properties to the east and north have been
designated for development with multiple-family housing.
5) This project has already been considered in con junction w:
previously certified environmental document and a Notice (
Prior Environmental Compliance was issued on April 22, 1%
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1 General Conditions: II 2 1) Approval is granted for CT 81-12/CP-159, as shown on Exhik
"A" - "K", dated April 9, 1981, incorporated by reference
substantially as shown unless otherwise noted in these
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conditions. 4
file in the Planning Department. Development shall OCCUI
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2) This project is approved upon the excess condition that tk
map shall not be approved unless the City Council finds as
time of such approval that sewer service is available to E
the subdivision.
3) This project is approved upon the express condition that 1:
permits will not be issued for development of the subject
property unless the City Ehgineer determines that sewer facilities are available at the time of application for sc
sewer permits and will continue to be available until time
occupancy.
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4)
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5)
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This project is approved upon the express condition that t applicant shall pay a public facilities fee as required by Council Policy No. 17, dated August 29, 1979, on file wit
City Clerk and incorporated herein by reference, and accor
the agreement executed by the applicant for payment of sai
copy of that agreement dated March 5, 1981, is on file wit
City Clerk and incorporated herein by reference. If said not paid as promised, this application will not be consist
with the General Plan and approval for this project shall
void.
The applicant shall pay park-in-lieu fees to the city, pri
the approval of the final map as required by Chapter 20.44
Carlsbad Municipal Code, or land shall be dedicated for pa
purposes pursuant to Section 21.44 and the existing parks
agreement between the city of Carlsbad and the la Costa La
Company dated January 3, 1978.
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6) The applicant shall provide school fees to mitigate condit overcrowding as part of building permit application. Thes shall be based on the fee schedule in effect at the time o
building permit application.
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8)
Approval of this request shall not excuse compliance with
sections of the Zoning Ordinance and all other applicable ordinances in effect at time of building permit issuance.
Approval of this tentative tract map shall expire eighteen months from the date of City Council approval unless a fin; is recorded. An extension may be requested by the applical
Said extension shall be approved or denied at the discretic
the City Council. In approving an extension, the City COUI may impose new conditions and may revise existing conditio]
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PC RES0 # 1811 - 3-
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1 9) The applicant shall prepare a reproducible mylar of the fi site plan incorporating the conditions contained herein.
Director prior to the issuance of building permits.
2 site plan shall be submitted to and approved by the Planni
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10) The applicant shall establish a homeowner's association an 4 corresponding covenants, conditions and restrictions. Sai
5 CC&R's shall be submitted to and approved by the Planning
Department prior to final map approval.
6 11) The applicant shall prepare a detailed landscape and irrig
7 plan which shall be submitted to and approved by the Plann Director prior to the issuance of building permits.
8 12) All landscaped areas shall be maintained in a healthy and
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10 conformance with the city's Sign Ordinance and shall requi
review and approval of the Planning Department prior to
thriving condition, free from weeds, trash, and debris.
13) Any signs proposed for this development shall be designed
11 installation of such signs.
12 14) Trash receptable areas shall be enclosed by a 6 foot high :
receptacles shall be approved by the Planning Director. 13 wall with gates pursuant to city standards. Location of s
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15) All roof appurtenances, including air conditioners, shall
architecturally integrated and shielded from view and the
buffered from adjacent properties and streets to the satis
of the Planning Department and Building Director.
16) The project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit Di
Said facilities shall at a minimum include a bench, free f.
advertising and a pole for the bus stop sign. The bench a1
shall be designed in a manner so as to not detract from thc architectural theme of the project and said design shall bc
subject to the approval of the City Engineer and North COUI
Transit District.
21 17) Prior to occupancy of units, the applicant shall install a1
access stairway from the project to Xana Way. Location of
Director.
22 stairway shall be subject to the approval of the Planning
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24 Ii Engineering Department:
25 /I 18) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
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19) The grading for this project is defined as "controlled grai
by Section 11.06.170(a) of the Carlsbad Municipal Code. GI shall be performed under the observation of a civil enginec
whose responsibility it shall be to coordinate site inspecl
and testing to insure compliance of the work with the apprc grading plan, submit required reports to the City Engineer verify compliance with Chapter 11.06 of the Carlsbad Munic: Code.
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1 20) The developer shall comply with all the rules, regulations design requirements of the respective sewer and water agent
2 regarding services to the project.
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21) The design of all private streets and drainage systems sha
approved by the City Engineer prior to approval of the fin
The structural section of all private streets shall confor.
City of Carlsbad Standards based on R-value tests. All pr
streets and drainage systems shall be inspected by the cit
the standard improvement plan check and inspection fees sh
paid prior to approval of the final map.
7 22) All private streets and drainage systems shall be maintain1
shall be clearly stated in the CCStR's. 8 the homeowner's association in perpetuity. This responsib
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23) Direct access rights along the frontage on Alga Road shall
waived on the final map.
24) The developer shall construct all street improvements to c
standards along the subdivision frontage prior to the occu:
of any units as specified below:
a. Xana Way and Paseo Frontera - 42 feet wide.
b. El Fuerte Street and Unicornio Street - all missing
c. Alga Road - minimum 51 foot half street including ha1
improvements.
median.
Fire Department:
25) Additional public and on-site hydrants may be required.
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I 26) Prior to issuance of building permits, the applicant shall submit two copies of a site plan showing locations of exis-
and proposed fire hydrants and on-site roads and drives. 19 I 27) An all weather access road shall be maintained throughout
construction.
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28) Water for fire protection shall be in before combustibles i
the building site.
23 29) All private driveways shall be kept clear of parked vehicle
all times and shall have posted "No Parking/Fire Lane/Tow 2
Zone" according to the requirements of Section 17.04.040 oJ 24 Municipal Code.
25 30) All fire alarm systems, fire hydrants, extinguishing systen
automatic sprinklers, and other systems pertinent to the PI 26 shall be submitted to the Fire Department for approval pric
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28 and the two northerly units of Building 5 as shown on the 31) Because of the distance from the private driveways, buildir
Tentative Tract Map shall be sprinklered to the satisfactic the Fire Department prior to occupancy. /I PC RES0 #I811 -5-
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1 Parks and Recreation Department: ll
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32) Slope areas adjacent to Alga Road and El Fuerte Street sha. landscaped and irrigated.
Building Department:
33) This project shall be constructed in accordance with the
requirements of the 1979 Uniform Building Code.
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34) At least one dwelling unit shall be designed so that it wi:
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able material acceptable to the Planning Director shall be 9
10 approval. Plans for said pedestrian crossways shall be shc
11 Director prior to approval of the final map. Said pedestrj
accessible to the physically handicapped.
Planning
35) Pedestrian crossways consisting of "Bomanite" or some othe:
stalled along the driveway at locations subject to the Dirt
the final condominium plan and shall be approved by the P1;
crossways shall be installed prior to occupancy of any unit
12 Engineering
13 36) The driveway entrance shall be realigned to the satisfactic
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by the City Engineer prior to approval of the final map.
the City Ehgineer. Plans for the realignment shall be appr
PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Planning Commission of the city of Carlsbad, California, held c
27th day of May, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners, Rombotis, Friestedt,
NOES : None ,
19 I L'Heureux, Farrow, Jose, and Schlehuber.
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ABSENT: None,
ABSTAIN : None.
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vLz4/&J L I- S , Chairman
LANNING COMMISS
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