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Home My WebLink About1981-07-22; Planning Commission; Resolution 1834a . .r e e 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. 1834 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 24 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PIRINEOS WAY. APPLICANT: SUNRISE PACIFIC CASE.NO: - -CT-81-20/CP-165-, WHEREAS, a verified application for certain property to, wit: Parcel 1 of Parcel Map No. 4548 filed May 16, 1976 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 22nd day of July, 1981, hold a duly noticed public hearing as prescribed b law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all person 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 hearin the Commission recommends APPROVAL of CT 81-20/CP-165, based 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 27 du's/acre is within the density range of 20-30 du's/acre specified for the site as indicat on the Land Use Element of the General Plan and can be justified for the reasons stated in the staff report. 0 a e 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 2) The site is physically suitable for the type and density 0: the development since the site is adequate in size and sha] to accommodate residential development at the density pro- posed and still meet all of the requirements of the Condominium Ordinance. 3) The project is consistent with all city public facility policies and ordinances since: a) The applicant has received 24 edu's from the Leucadia County Water District. b) The Planning Commission has, by inclusion of an appropriate condition to this condominium permit and tentative subdivision map, insured that the final map will not be approved unless the City Council finds th sewer service is available to serve the project. In addition, the Planning Commission has added a conditi that a note shall be placed on the final map that building permits may not be issued for the condominiu project unless the City Engineer determines that sewe service is available, and building cannot occur withi the project unless sewer service remains available, t Planning Commission is satisfied that the requirement of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this tentative map and condominium permit approva c) School facilities will be provided by the San Dieguit High School District and Encinitas Union School District. d) Park-in-lieu fees are required as a condition of approval . 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 inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 4) The proposed project is compatible with the surrounding 1~ use since all of the surrounding properties have been or e being developed with condominium projects at a similar density. /// /// /// I1 PC RES0 #1834 -2- n - ', e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 Conditions: General 1) Approval is granted for CT 81-2O/CP-165, as shown on Exhib (s) "A" - "J" , dated May 21 , 1981 , incorporated by referen and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in the conditions. 2) 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 avai able to serve the project. 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 such sewer permits and will continue to be available until time of occupancy. 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 F ment of said fee a copy of that agreement dated May 8, 198 is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this appl cation will not be consistent with the General Plan and aF proval for this project shall be void. 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. 6) The applicant shall provide school fees to mitigate condi- tions of overcrowding as part of building permit applica- tion. These fees shall be based on the fee schedule in effect at the time of building permit application. 7) Approval of this request shall not excuse compliance with sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issu- ance. 8) Approval of this tentative tract map shall expire eighteen months from the date of City Council approval unless a fin map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions. PC RES0 #1834 - 3- 1 ~\ * e 1 2 3 4 P1 ann ing 9) The applicant shall prepare a reproducible mylar of the fi site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permit This plan shall not exceed 24"x36" in size, 5 10) The applicant shall establish a homeowner's association ar corresponding covenants, conditions and restrictions. Sai 6 CC&R's shall be submitted to and approved by the Planning Department prior to final map approval. 7 €3 11) The applicant shall prepare a detailed landscape and 9 irrigation plan which shall be submitted to and approved b the Planning Director prior to the issuance of building permits. 10 11 12 13 12) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 13) 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. 14 14) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Locat 15 of said receptacles shall be approved by the Planning Director. 16 17 18 19 20 l ii 15) 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 Director. 16) The buildings shall not exceed a height of 35 feet as defined in the Zoning Code. 21 22 Engineering 17) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 23 24 25 26 27 18) The grading for this project is defined as "regular gradinc by Section 11.06.170(a) of the Carlsbad Municipal Code. TI developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures. The developer shall al; submit soils, geologic or compaction reports if required a1 shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. 28 //// PC RES0 #1834 -4- .' . . I" - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 I 19 I 20 21 22 23 24 25 26 27 28 ,/' </*' , * * 19) The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with city of Carlsbad standards. The trees shall be of a variety selected from the approved street tr list. 20) The developer shall comply with all the rules, regulationE and design requirements of the respective sewer and water agencies regarding services to the project. Fire.Department 21) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department f approval prior to construction. 22) Buildings exceeding 10,000 square feet in area shall be sprinklered or four hour walls with no openings therein shall split the building into 10,000 square feet or less areas. 23) The parking garage shall be sprinklered. 24) Dry standpipes may be required for the rear units. 25) Pursuant to the provisions of Section 20.20.050(1) of the Carlsbad Municipal Code, a parcel map may be filed in lieu of a final map. Whenever reference is made in these conditions to a final map, the reference shall apply also a parcel map filed in lieu thereof. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held the 22nd day of July, 1981, by the following vote, to wit: AYES: Marcus, Farrow, Schlehuber, Jose and L'Heureux NOES: Rombotis ABSENT: Friestedt ABSTAIN: None ATTEST : L /.L MARY US, Chairman CARL PLANNING COMMISSIC 4 ? JJ PC RESO #1834 -5-