HomeMy WebLinkAbout1981-09-23; Planning Commission; Resolution 1867. ii 0 0
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PLANNING COMMISSION RESOLUTION NO. 1867
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 10 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
UNICORN10 STREET, APPLICANT: CERRO DEL SOL eAsE-No. .-..CT.81-33~~p-1~~-....... . .. ..
WHEREAS, a verified application for certain property
wit:
Lot 420 of La Costa Meadows Unit No. 3, according to
Thereof No, 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 23rd day
September, 1981, hold a duly noticed public hearing as prescri
by 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 81-33/CP-179, ba on the following findings and subject to the following
cond it ions :
Findings:
1) The project is consistent with the city's General Plan si
the proposed density of 17.2 du's/acre is within the dens range of 10-20 du's/acre specified for the site as indica on the Land Use Element of the General Plan and can be justified for the reasons stated in the staff report.
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2) The site is physically suitable for the type and density
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3 3) The project is consistent with all city public facility
4 policies and ordinances since:
the development since the site is adequate in size and sh
to accommodate residential development at the density
proposed and still meet all of the requirements of the Condominium Ordinance.
5 a) The applicant has received 10 edu's from the Leucadia County Water District.
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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 the public facilities element of the General Plan hav been met insofar as they apply to sewer service for t
tentative map and condominium permit approval.
c) School facilities will be provided by the San Marcos
Unified School District.
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d) Park-in-lieu fees are required as a condition of
will be required as conditions of approval. 18
approval.
e) All necessary public improvements have been provided
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I f) The applicant has agreed and is required by the inclu
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 1 use since all of the surrounding properties have been or being developed with condominium projects at a similar
density.
5) This project will not cause any significant environmental
impacts and a Negative Declaration was issued by the Plan
Director on August 26, 1981 and approved by the Planning Commission on September 23, 1981.
PC RES0 #1867 -2-
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Conditions:
1) Approval is granted for CT 81-33/CP-179, as shown on Exhibit( s) llA1l-llF1l, dated September 1 , 198 1, incorporated
reference and on file in the Planning Department.
Development shall occur substantially as shown unless
otherwise noted in these conditions.
2) This project is approved upon the express condition that final map shall not be approved unless the City Council
finds as of the time of such approval that sewer service
available to serve the subdivision.
3) This project is approved upon the express condition that
building permits will not be issued for development of th
subject property unless the City Engineer determines that
sewer facilities are available at the time of application
for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on th
final map.
4) This project is approved upon the express condition that
applicant shall pay a public facilities fee as required b
City Council Policy No. 17, dated August 29, 1979, on fi
with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant payment of said fee a copy of that agreement dated July 2
1981, is on file with the City Clerk and incorporated her
by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan approval for this project shall be void.
5) The applicant shall pay park-in-lieu fees to the city, pr
to the approval of the final map as required by Chapter
20.44 of the Carlsbad Municipal Code.
6) The applicant shall provide school fees to mitigate
conditions of overcrowding as part of building permit
application. These fees shall be based on the fee schedu in effect at the time of building permit application.
7) Approval of this request shall not excuse compliance with
all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building
permit issuance.
8) 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 approve
by the Planning Director prior to the issuance of buildin
permits.
9) The applicant shall establish a homeowner's association a
corresponding covenants, conditions and restrictions. Sa CC&R's shall be submitted to and approved by the Planning Department prior to final map approval.
PC RES0 #1867
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10) The applicant shall prepare a detailed landscape and
irrigation plan which shall be submitted to and approved
the Planning Director prior to the issuance of building permits.
11) All landscaped areas shall be maintained in a healthy an( thriving condition, free from weeds, trash, and debris.
12) Any signs proposed for this development shall be designet
conformance with the city's Sign Ordinance and shall reqL review and approval of the Planning Department prior to
installation of such signs.
13) Trash receptacle areas shall be enclosed by a 6 foot higk masonry wall with gates pursuant to city standards.
The trash area shall be relocated to the satisfaction of
Planning Director prior to the issuance of a building
permit .
14) All roof appurtenances, including air conditioners, shall architecturally integrated and shielded from view and the
sound buffered from adjacent properties and streets to th
satisfaction of the Planning Department and Building
Director.
15) All buildings shall be setback at least five feet from th
driveway.
Eng ineer ing
16) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
17) 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 alsl
submit soils, geologic or compaction reports if required
shall comply with all provisions of Chapter 11.06 of the
Carlsbad Municipal Code.
18) The applicant shall enter into a lien contract for the future construction of sidewalk along Alga Road prior to recordation of the final subdivision map.
19) The applicant shall construct a retaining wall at the property line along Alga Road and grade the right-of-way 1 a 2% slope towards the street prior to occupancy of any
units.
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PC RESO # 1867 -4- ll
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22) Pursuant to the provisions of Section 20.20.050(1) of th Carlsbad Municipal Code, a parcel map may be filed in lit
of a final map. Whenever reference is made in these conditions to a final map, the reference shall apply alsl to a parcel map filed in lieu thereof.
23) Approval of this tentative tract map shall expire eightef months from the date of City Council approval unless a
final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denif at the discretion of the City Council. In approving an
extension, the City Council may impose new conditions an( may revise existing conditions.
Fire
24) The proposed security gate systems shall be provided witk
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"Knox" key operated override switch, as specified by the
Fire Department.
25) All private driveways shall be kept clear of parked vehic
at all times, and shall have posted "NO Parking/Fire Lanc
Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
26) Fire retardant roofs shall be erected on all structures.
27) Buildings exceeding 10,000 sq.ft. aggregate floor area sh
be sprinklered or four-hour fire walls with no openings
therein shall split the building into 10,000 sq.ft. (or less) areas.
28) The stairs and decks located between the buildings shall
constructed of fire retardant wood to the satisfaction of
the Fire Department.
Parks-and.Recreation-DeDartment L ~~ ~ ~~~-
29) Any and all existing street trees removed or damaged for any reason shall be replaced by an "approved" species of equal size.
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.- i1 e e II PASSED, APPROVED AND ADOPTED at a regular meeting of the ’11 Planning Commission of the city of Carlsbad, California, held
2 11 the 23rd day of September, 1981, by the following vote, to wit
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AYES: Chairman Jose, Commissioners Rombotis, Farrow,
NOES : None.
Schlehuber, and L’Heureux.
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ABSENT : Marcus.
ABSTAIN: None-
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