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HomeMy WebLinkAbout1981-10-14; Planning Commission; Resolution 18721 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTION NO. 1872 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 6 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF NAVARRA DRIVE, LA COSTA. APPLICANT: TRABERT/PERRIER CASE.NO:----CT-81-34/CP-181. ~.- - ' . . . . . . . WHEREAS, a verified application for certain property to, wit: Lot 41 of La Costa Unit No. 1 according to Map Therec No. 6117 filed June 3, 1968. has been filed with the city of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code and WHEREAS, the Planning Commission did, on the 14th dal of October, 1981, hold a duly noticed public hearing as prescribed 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 hearing the Commission recommends APPROVAL of CT 81-34/CP-181, bas on the following findings and subject to the following conditions: Findings: 1) The project is consistent with the city's General Plan sin the proposed density of 13.3 du's/acre is less than the density range of 20-30 du's/acre specified for the site as indicated on the Land Use Element of the General Plan. 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 e e 2) The site is physically suitable for the type and density c 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. 3) The project is consistent with all city public facility policies and ordinances since: a) The applicant has received 6 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 mag will not be approved unless the City Council finds tk 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 condominic project unless the City Engineer determines that sew€ 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 approvz 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 la. use since all of the surrounding properties have been or a being developed with condominium projects. 5) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director, dated September 15, 1981, and approved I the Planning Commission on October 14, 1981. 1 //// I ~ PC RESO # 1872 i //// I ~ i -2- II .1 I/ e e 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 Cond it ions : General. Conditions: 1) Approval is granted for CT 81-34/CP-181, as shown on Exhibit(s) llA1'-I'X1l, dated August 31, 1981, incorporated bl 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 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. 3) This project is approved upon the express condition that building permits will not be issued for development of the subject propert,y 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. This note shall be placed on the final map. 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 August 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. 5) The applicant shall pay park-in-lieu fees to the city, pric 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 conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedull in effect at the time of building permit application. 7) Approval of this request shall not excuse compliance with I sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. Planning. Department. Conditions: 8) The applicant shall prepare a reproducible mylar of the fir 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: //// PC RES0 #1872 -3- .I s. e " II 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 i ~ i 9) The applicant shall establish a homeowner's association i corresponding covenants, conditions and restrictions. S; CC&R's shall be submitted to and approved by the Plannin! Department prior to final map approval. 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 anc thriving condition, free from weeds, trash, and debris. 12) Any signs proposed for this development shall be designei conformance with the city's Sign Ordinance and shall reqt review and approval of the Planning Department prior to installation of such signs. 13) Trash receptacle areas shall be enclosed by a 6 foot higl masonry wall with gates pursuant to city standards, Location of said receptacles shall be approved by the Planning Director. 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) Approval of this tentative tract map shall expire eightee months from the date of City Council approval unless a fi 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, 16) Prior to occupancy of any units, the visitor parking spac shall be signed and labeled to the satisfaction of the Planning Director. Engineering: 17) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site, 18) 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. ~ ;<'/RESO #1872 -4- , ,%. ,' * " e jt I. /I Parks and Recreation 2 19) Any street trees removed or damaged for any reason shall 3 replaced by an "approved" species of equal size prior to 4 final occupancy of any units. 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held 6 the 14th day of October, 1981, by the following vote, to wit: 7 AYES : Chairman Marcus, Commissioners Farrow, Schlehuk 8 NOES : None. 9 ABSENT: Commissioner Rombotis. 10 Jose, Friestedt, and L'Heureux. ABSTAIN : 'None 11 12 13 ATTEST : &x" MARY MA US, C alrman cARLsv PLANNING COMMISSI( 14 15 16 JA /" 19 20 21 22 23 t I 1 f 4 24 25 26 27 28 PC RES0 #1872 -5-