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HomeMy WebLinkAbout1981-07-22; Planning Commission; Resolution 1833, II e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1833 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 0 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 15 UNITS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR AVENUE BETWEEN JEREZ COURT AN ROMERIA STREET. APPLICANT: LA COSTA VILLAS CASE NO:""CT.81-17/CP-163 .. WHEREAS, a verified application for certain property to, wit: Lots 376 and 377 of La Costa South Unit 5 according to Ma 6600 filed March 10, 1970 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 22th day of July, 1981, hold a duly noticed public hearing as prescribed k law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persor desiring to be heard, said Commission considered all factors relating to 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 hearir the Commission recommends APPROVAL of CT 81-17/CP-163, bz on the following findings and subject to the following conditions: Findings: 1) The project is consistent with the city's General Plan sir the proposed density of 20.8 du's/acre is within the denE range of 20-30 du's/acre specified for the site as indlcat on the Land Use Element of the General Plan. e a 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 I 2) The site is physically suitable for the type and density c the development since the site is adequate in size and she to accommodate residential development at the density pro- posed. 3) The project is consistent with all city public facility PC icies 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 insur that building permits will not be issued unless the Ci Council finds that sewer service is available to serve project, and building cannot occur within the project unless sewer service remains available thus, the Plann Commission is satisfied that the requirements of the public facilities element of the General Plan have bee met insofar as they apply to sewer service for this project. c) School fees to mitigate conditions overcrowding are requir at the time of building permits pursuant to Chapter 21.55 the City Municipal Code, d) Park-in-lieu fees are required as a condition of , approval. 15 e) All necessary public improvements have been provided o 16 will be required as conditions of approval. 17 18 19 20 21 22 23 I, f) The applicant has agreed and is required by the inclus of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the will enable this body to find that public facilities w be available concurrent with need as required by the General Plan. 4) The project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 29, 1981, and approved by the Planning Commission on July 22, 1981. 5) The proposed condominium project complys with the provisic of Chapter 21.47 (Condominiums) since: a) The condominiums meet the design criteria of Chapter 21-47.110 as the overall plan is comprehensive, embrac sufficient circulation and on-site amenities are 25 24 ~ land, building, landscaping and their relationships, a 26 //// 28 //// 27 //// PC RES0 #1833 -2- ll e a 1 2 3 4 5 6 b) Storage space, laundry facilities, open recreation are parking facilities, refuse areas, separate utilities a all other requirements of Section 21.47.130 have been or will be met by conditions of approval. 6) The design of the subdivision and type of improvements wil not conflict with easements for public use or public acces through the subject property. Conditions: 7 11 General 8 9 10 1) Approval is granted for CT 81-17/CP-163, as shown on Exhibit( s) "A", "E" and "F", dated May 7, 1981, and Exhibi reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 11 ~11 , II c I1 and 11 ~11 , dated July 1, 1981, incorporated by 11 2) 12 13 14 15 16 3) This project is approved upon the express condition that t final map shall not be approved unless the City Council fi as of the time of such approval that sewer service is available to serve the subdivision. 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 such sewer permits and will continue to be available until time of occupancy. 17 18 19 20 21 22 4) This project is approved upon the express condition that t applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on fil with the City Clerk and incorporated herein by reference, according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated May 7, 1981, is on file with the City Clerk and incorporated here by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan a approval for this project shall be void. 23 5) The applicant shall pay park-in-lieu fees to the city, pri to the approval of the final map as required by Chapter 20 of the Carlsbad Municipal Code. 24 6) The applicant shall provide school fees to mitigate condit 25 of overcrowding as part of building permit application. T 26 fees shall be based on the fee schedule in effect at the t of building permit application. 27 //// 28 //// PC RES0 #1833 -3- 1. e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 7) 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. P1 ann ing 8) The applicant shall prepare a reproducible mylar of the fi site plan incorporating the conditions contained herein. site plan shall be submitted to and approved by the Planni Director prior to the issuance of building permits. 9) The applicant shall establish a homeowner's association ar corresponding covenants, conditions and restrictions. Sai CC&R's shall be submitted to and approved by the Planning Department prior to final map approval. 10) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved t the Planning Director prior to the issuance of building permits. 11) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 12) Any signs proposed for this development shall be designed conformance with the city's Sign Ordinance and shall requi review and approval of the Planning Department prior to installation of such signs. 13) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Locat of said receptacles shall be approved by the Planning Director. 18 1 14) All roof appurtenances, including air conditioners, shall architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building 19 I 20 15) Approval of this tentative tract map shall expire eighteer 22 Engineering : 21 Director. months from the date of City Council approval unless a fir 23 map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at 24 discretion of the City Council. In approving an extensior the City Council may impose new conditions and may revise 25 existing conditions. 26 16) Prior to the issuance of a grading permit, the haul route shall be submitted for review and shall be approved by the 27 City Engineer. A separate grading plan shall be submitted and approved and a separate grading permit issued for the 28 borrow or disposal site if located within the city limits. PC -SO #1833 -4- If .I II * e 17) The developer shall install street trees at the equivalent conformance with City of Carlsbad Standards. The trees sh 1 be of a variety selected from the approved Street Tree Lis 2 40-foot intervals along all public street frontages in 3 18) The developer shall comply with all the rules, regulations design requirements of the respective sewer and water agen 4 regarding services to the project. 5 19) Pursuant to the provisions of Section 20.20.050(1) of the 6 Carlsbad Municipal Code, a parcel map may be filed in lieu to a final mapl the reference shall apply also to a parcel a final map. Whenever reference is made in these conditio: 7 map filed in lieu thereof. 8 Fire: 9 20) 10 11 12 13 21 1 22 1 14 I 23) Parking garage shall be protected by an automatic fire sprinkler system to the satisfaction of the Fire Marshall. Additional public and on-site hydrants may be required. Proposed security gate systems shall be subject to approva: of both Police and Fire Departments prior to approval of tl final map. Fire retardant roof shall be required on all structures by Building and Fire Department. 15 17 project shall be submitted to the Fire Department for 16 24) All fire alarm systems, fire hydrants, extinguishing systen //// 24 //// 23 //// 22 ///I 21 20 I any tree damaged or removed with the same species of 19 18 automatic sprinklers, and other systems pertinent to the approval prior to construction. Parks. and - Recreation: 25) The developer shall protect all existing trees and replace 1 comparable size. 25 //// i( 26 11 //// 27 (1 1/11 28 //// PC FSSO #1833 -5- re e e 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 the 22nd day of July, 1981, by the following vote, to wit: 3 Planning Commission of the city of Carlsbad, California, held 4 5 AYES: Marcus, Rombotis, Farrow, Schlehuber, Jose, and NOES : None L 'Keureux 6 I/ ABSENT: Friestedt ABSTAIN : None 15 16 17 18 19 1 20 21 22 23 24 25 26 27 28 PC RES0 #1833 -6-