HomeMy WebLinkAbout1981-08-12; Planning Commission; Resolution 1849Y > e 0
I ll PLANNING COMMISSION RESOLUTION NO. 1849
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
14 UNIT CONDOMINIUM CONVERSION ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF PINE AVENUE AND LINCOLN
STREET. APPLICANT: TIBERIO-PEACOCK CASE-NO:. . .. -CT- 81-25/cp-169. . . . . . . - - . . . ... .
t5 I1 WEREAS, a verified application for certain property
711 wit:
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The Westerly 155 feet of Tract 218 of Thum Lands
according to Map 1681 filed December 9, 1915
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 12th day
August, 1981, hold a duly noticed public hearing as prescribed
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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
20 // relating to the Tentative Tract Map and Condominium Permit.
21 il NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
22 ll Commission as follows:
23 A) That the above recitations are true and correct.
24 B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 81-25/CP-169, basc
on the following findings and subject to the following 25 conditions:
26 Findings:
27 1) The project is consistent with the city's General Plan sinc the proposed density of 23.7 du's/acre is within the densit 28
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range of 20-30 du*s/acre specified for the site as indicz on the Land Use Element of the General Plan.
2) The site is physically suitable for the type and density
the development since the site is adequate in size and sk
to accommodate residential development at the density
proposed.
3) The project is consistent with all city public facility
policies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, insured that t
final map will not be approved unless the City Counci
finds that sewer service is available to serve the
project. In addition, the Planning Commission has ad
a condition that a note shall be placed on the final
that building permits may not be issued for the proje
unless the City Engineer determines that sewer servic
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 be met insofar as they apply to sewer service for this
project.
b) School facilities will be available to this project a
indicated by the Carlsbad Unified School District, pe
letter dated June 22, 1981.
c) The payment of park-in- lieu fees is required as a
condition of approval .
d) All necessary public improvements have been provided will be required as conditions of approval.
e) The applicant has agreed and is required by the inclc of an appropriate condition to pay a public facilitie
fee. Performance of that contract and payment of the
will enable this body to find that public facilities
be available concurrent with need as required by the General Plan.
4) The proposed project is compatible with the surrounding
future land uses since surrounding properties are designa for residential development on the General Plan.
5) The proposed condominium project complies with the provis 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 land, building, landscaping and their relationships,
sufficient circulation and on-site amenities are
provided.
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b) Storage space, laundry facilities, open recreation ar parking facilities, refuse areas, separate utilities all other requirements of Section 21.47.130 have beer
or will be met by conditions of approval.
6) This project will not cause any significant environmental
impacts, and a Notice of Prior Environmental Compliance b been issued by the Planning Director on July 2, 1981 and approved by the Planning Commission on August 12, 1981.
Conditions:
1) Approval is granted for CT 81-25/CP-169, as shown on Exhib
llA1l-llG1', dated June 23, 1981, incorporated by reference an file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
2) This project is approved upon the excess condition that th
final map shall not be approved unless the City Council fi as of the time of such approval that sewer service is avai to serve the subdivision.
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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 to the agreement executed by the applicant for payment of fee a copy of that agreement dated June 22, 1981, is on fi with the City Clerk and incorporated herein by reference.
said fee is not paid as promised, this application will no consistent with the General Plan and approval for this pro shall be 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
the Carlsbad Municipal Code.
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26 7) The applicant shall establish a homeowner's association a'
corresponding covenants, conditions and restrictions. Sa
27 CC&R's shall include a statement to the effect that the recreation room shall not be converted into a dwelling
28 unit. These CC&R's shall be submitted to and approved by the Planning Department prior to final map approval.
5) 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 anning
6) The applicant shall prepare a reproducible mylar of the
final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approve1 by the Planning Director prior to the issuance of buildin4
permits.
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8) The applicant shall prepare a detailed landscape and 1
building permits. 2
irrigation plan which shall be submitted to and approved
the Planning Director prior to the issuance of revised
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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 prior to installation of such signs.
7 11 ) All roof appurtenances, including air conditioners, shall
be architecturally integrated and shielded from view and
9 the satisfaction of the Planning Department and Building Director.
a the sound buffered from adjacent properties and streets t
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11 12) Applicant shall submit an engineered drainage plan, mitigating drainage problems on Pine Avenue to the 12 satisfaction of the City Engineer.
13 13) A.C. overlay on Pine Avenue and Lincoln Street shall exte
past existing centerline of roads if necessary to provide 14 adequate drainage and traffic control.
15 14) Lincoln Street and Pine Avenue shall be improved by the
16 centerline to curb face width of 20 feet and in conforman developer along the subdivision frontage based on a
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18 1 15) The developer shall install a wheelchair ramp at the pub1
city of Carlsbad standards prior to occupancy of any street corner abutting the subdivision in conforzance wit 19
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22 "Knox" key operated override switches, as specified by th
Fire Department. 23
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Fire.Department
16) Proposed security gate systems shall be provided with
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held
the 12th day of August, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Rombotis, Farrow,
NOES : None .
ABSENT: Commissioner L'Heureux.
Schlehuber, Jose and Friestedt.
ABSTAIN:NO~~. % .. x -4- . 7)-
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