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HomeMy WebLinkAbout1981-06-24; Planning Commission; Resolution 18261 i I 1 t 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1826 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 28 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF UNICORN10 STREET BETWEEN CACATUA STREET AND EL FUERTE STREET APPLICANT: G. R. CAPITAL, INC. CASE NO: CT 81-18/CP-164 WHEREAS, a verified application for certain property, wit: Lots 515, 516, 517 of La Costa Meadows Unit No. 3 according to Map 7076 filed October 6, 1971. has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a requ as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 24th day June, 1981, hold a duly noticed public hearing as prescribed b; law, to consider said request; and WHEREAS, at said public hearing, upon hearing and con- sidering all testimony and arguments, i€ any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Condominium Permit; an( NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, the Commission APPROVAL CT-81-18/CP-164, based on the following findings and subject to the following conditions: //// //// ///I ll z e e 1 2 3 4 5 6 7 a 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , Findings: 1) The project is consistent with the city's General Plan si the proposed density of 16.2 du/acre is within the densit range of 10-20 du/acre specified for the site as indicate the Land Use Element of the General Plan and can be justi for the reasons stated in the staff report. 2) The site is physically suitable for the type and density the development since the site is adequate in size and sh to accommodate residential development at the density pro. posed and still meet all of the requirements of the Condo] ium Ordinance. 3) The project is consistent with all city public facility pl cies and ordinances since: a) The Leucadia County Water District has allocated suf cient sewer connections for the project. b) The Planning Commission has, by inclusion of an apprc priate condition to this condominium permit and tenti tive subdivision map, insured that the final map wil: not be approved unless the City Council finds that sf service is available to serve the project. In addit: the Planning Commission has added a condition that a note shall be placed on the final map that building 1 mits may not be issued for the condominium project ur less the City Engineer determines that sewer service available, and building cannot occur within the proje unless sewer service remains available, the Planning Commission is satisfied that the requirements of the public facilities element of the General Plan have bc met insofar as they apply to sewer service for this t tative map and condominium permit approval. c. School facilities will be provided by the San Plarcos School District. d. Park-in-Lieu fees are required as a condition of appr val . e. All necessary public improvements have been provided will be required as conditions of approval. f. The applicant has agreed and is required by the inclu sion of an appropriate condition to pay a public faci ties fee. Performance of that contract and payment o the fee will enable this body to find that public fac ities will be available concurrent with need as requi by the General Plan. //// //// PC RES0 #1826 -2- I I 1 e 0 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 I 4) The proposed condominium project complies with the provisi of Chapter 21.47 (Condominiums) since: a) The condominiums meet the design criteria of Chapter 21.47.110 as the overall plan is comprehensive, embra ing land, building, landscaping and their relationshi and sufficient circulation and on-site amenities are provided . b) Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate uti ties and all other requirements of Section 21.47.130 have been met or will be met by conditions of approva 5) This project will not cause any significant environmental impacts, and a Negative Declaration has been issued by the Planning Director on June 1, 1981, and approved by the Pla ning Commission on June 24, 1981. 6) The land included within this project contains less than 5 acres; each parcel abuts upon a maintained public street a: no dedications or improvements are required. Therefore, i: accordance with Section 20.20.050 (1) of the Carlsbad Munil pal Code and Section 66426 (a) of the Subdivision Map Act, parcel map may be filed in lieu of a final map. General Conditions: 1) Approval is granted for CT 81-18/CP-164, as shown on Exhib: "A'' - "E", dated May 21, 1981 , incorporated by reference ar on file in the Planning Department. Development shall oca substantially as shown unless otherwise noted in these conc tions. 2) This project is approved upon the excess condition that thc final map shall not be approved unless the City Council fir as of the time of such approval that sewer service is avail able to serve the subdivision. 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 determines that sewer facilities are available at the time of application f such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 4) This project is approved upon the express condition that th 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, a according to the agreement executed by the applicant for pa ment of said fee a copy of that agreement dated May 8, 1981 is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this appli cation will not be consistent with the General Plan and ap- proval for this project shall be void. PC RES0 #I826 -3- I1 I e e 1 5) The applicant shall pay park-in-lieu fees to the city, pri the approval of the final nap as required by Chapter 20.44 2 the Carlsbad Municipal Code. 3 6) The applicant shall provide school fees to mitigate condit of overcrowding as part of building permit application. z building permit application. 4 fees shall be based on the fee schedule in effect at the t 5 7) Approval of this request shall not excuse compliance with 6 sections of the Zoning Ordinance and all other applicable ordinances in effect at time of building permit issuance. 7 8 8) This approval shall become null and void if building permil not issued for this project within one year from the date ( 9 project approval. 10 Planning Department 11 9) The applicant shall prepare a reproducible mylar of the fil site plan incorporating the conditions contained herein. $ site plan shall be submitted to and approved by the Plannir 12 Director prior to the issuance of building permits. 13 10) The applicant shall establish a homeowner's association ani 14 responding covenants, conditions and restrictions. Said C( prior to final map approval. 15 shall be submitted to and approved by the Planning Departmc 16 11) The applicant shall prepare a detailed landscape and irriga plan which shall be submitted to and approved by the Planni Director prior to the issuance of building permits. 17 12) All landscaped areas shall be maintained in a healthy and t l9 I 13) Any signs proposed for this development shall be designed i conformance with the city's Sign Ordinance and shall requir lation of such signs. 18 ving condition, free from weeds, trash, and debris. 20 review and approval of the Planning Department prior to in5 21 22 14) A uniform sign program for this development shall be submit, to the Planning Department for their review and approval pr to occupancy of any building. 23 15) Trash receptable areas shall be enclosed by a 6 foot high m' 24 ry wall with gates pursuant to city standards. Location of 25 receptacles shall be approved by the Planning Director. 26 16) All roof appurtenances, including air conditioners, shall bc architecturally integrated and shielded from view and the s( buffered from adjacent properties and streets to the satisfi 27 tion of the Planning Department and Building Director. 28 PC RES0 #I826 -4- 'e 0 e 1 17) The phase line (between Phase 1 and 2) shall be revised E that each phase independently meets all development stand 2 of the Condominium Ordinance. 3 18) Approval of this tentative tract map shall expire eightee months from the date of City Council approval unless a fi cant. Said extension shall be approved or denied at the City Council may impose new conditions and may revise exi 4 5 map is recorded. An extension may be requested by the ap cretion of the City Council. In approving an extension, 6 Engineering Department 7 ing conditions. 8 19) 9 10 11 12 13 20 1 The developer shall obtain a grading permit prior to the mencement of any clearing or grading of the site. The grading for this project is defined as "regular gradi by Section 11.06.170(a) of the Carlsbad Municipal Code. developer shall submit a grading plan for approval which shall include all required drainage structures and any re quired erosion control measures. The developer shall als submit soils, geologic or compaction reports if required i shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. 14 15 16 17 18 19 20 ~ 21) The developer shall install street trees at the equivalen' 40-foot intervals along all public street frontages in COI formance with City of Carlsbad Standards. The trees shal. of a variety selected from the approved Street Tree List. 22) The developer shall comply with all the rules, regulationk and design requirements of the respective sewer and water agencies regarding services to the project. Fire Department 23) An additional public fire hydrant will be required across from the westerly driveway. ~ 21 (1 24) A fire retardant roof shall be required on all structures 22 I1 * the Building and Fire Department. /I Parks and Recreation Department 23 25) All irrigation lines adjacent to the sidewalk shall be set 24 1 //// 25 back at least 12" from the sidewalk. 26 11 I/// 27 // //// 28 //// PC RES0 #I826 -5- I/ ., e a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 PASSED, APPROVED AND ADOPTED at a regular meeting Of Planning Commission of the City of Carlsbad, California, held the 24th day of June, 1981, by the following vote, to wit: AYES: Farrow, Schlehuber, Jose, Friestedt, L'Heureu: NOES: None ABSENT: Marcus, Rombotis ABSTAIN : None 1 20 21 22 23 24 25 26 27 28 PC RES0 81826 I -6-