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Home My WebLink About1982-03-24; Planning Commission; Resolution 1929#, i 7 il 0 e 1 PLANNING COMMISSION RESOLUTION NO. 1929 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 6 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED AT THE END OF JEREZ COURT IN LA COSTA APPLICANT: JEREZ COMPANY CASE NO: CT 82-3/CP-203 6 /I WHEREAS, a verified application for certain property, to ! 7 II Lot 367 of La Costa South Unit No. 5, according to Map thereof No. 6600, filed March 10, 1970 811has been filed with the City of Carlsbad, and referred to the 9 Planning Commission; and LO I' 12 provided by Title 21 of the Carlsbad Municipal Code; and 15 14 1982, hold a duly noticed public hearing as prescribed by law l3 WHEREAS, the Planning Commission did, on the 24th day of 1 WHEREAS, said verified application constitutes a request ( consider said request; and WHEREAS, at said public hearing, upon hearing and conside. 16!lall testimony and arguments, if any, of all persons desiring l" 19 Tentative Tract Map and Condominium Permit. l8 heard, said Commission considered all factors relating to the NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 20 jicomrnission as follows: 2111(A) That the foregoing recitations are true and correct. 22/I(B) That based on the evidence presented at the public hearin 23 L Commission APPROVES CT 82-3/CP-203, based on the followin findings and subject to the following conditions: 24 Findings 25 26 27 28 1) The project is consistent with the city's General Plan si the proposed density of 15.7 du's/acre is below the densi range of 20-30 du's/acre specified for the site as indica the Land Use Element of the General Plan. This slightly 1 density can be justified for the reason stated in the sta report. - -. I J 0 e 1 2 3 icies and ordinances since: 2) The site is physically suitable for the type and density ( development since the site is adequate in size and shape 1 accommodate residential development at the density propost 3) The project is consistent with all city public facility pc 4 5 6 7 8 9 10 11 12 a) The Planning Commission has, by inclusion of an appro] condition to this project, insured that the final map not be approved unless the City Council finds that sel service is available to serve the project. In additic the Planning Commission has added a condition that a shall be placed on the final map that building permit: not be issued for the project unless the City Enginee: determines that sewer service is available, and build cannot occur within the project unless sewer service remains available, the Planning Commission is satisfit that the requirements of the public facilities elemen' the General Plan have been met insofar as they apply sewer service for this project. b) School fees will be paid to ensure the availability o school facilities in the San Dieguito and Encinitas SI district. 13 14 c) The payment of park-in-lieu fees is required as a con1 of approval. 15 16 17 18 19 d) All necessary public improvements have been provided I will be required as conditions of approval. e) The applicant has agreed and is required by the inclu of an appropriate condition to pay a public facilitie Performance of that contract and payment of the fee w enable this body to find that public facilities will available concurrent with need as required by the Gen Plan. 20 21 f) Assurances have been given that adequate sewer for th project will be provided by the Leucadia County Water District. 22 4) The proposed project is compatible with the surrounding 23 24 25 existing and future land uses since surrounding properti designated for residential development on the General PI 5) This project as conditioned will not cause any significa environmental impacts and a Negative Declaration has bee issued by the Planning Director on March 9, 1982 and app by the Planning Commission on March 24, 1982. 26 //// 27 \I//// 28 ((PC RES0 # 1929 -2- 1) - * 3’ /I 0 0 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 General Conditions: 1) Approval is granted for CT 82-3/CP-203, as shown on Exhibj A - H, dated February 2, 1982, incorporated by reference i file in the Planning Department. Development shall OCCUI stantially as shown unless otherwise noted in these condi- tions. 2) This project is approved upon the express condition that I final map shall not be approved unless the City Council f: as of the time of such approval that sewer service is ava: to serve the subdivision. 3) This project is approved upon the express condition that building permits will not be issued for development of thc subject property unless the City Engineer determines that facilities are available at the time of application for SI sewer permits and will continue to be available until timf occupancy. This note shall be placed on the final map. 4) This project is approved upon the express condition that i applicant shall pay a public facilities fee as required b: Council Policy No. 17, dated August 29, 1979, on file wi‘ City Clerk and incorporated herein by reference, and acco: to the agreement executed by the applicant for payment of fee a copy of that agreement dated January 6, 1982, is on with the City Clerk and incorporated herein by reference. said fee is not paid as promised, this application will nc consistent with the General Plan and approval for this prc shall be void. 5) The applicant shall pay park-in-lieu fees to the city, pr the approval of the final map as required by Chapter 20.4 the Carlsbad Municipal Code. 6) The applicant shall provide school fees to mitigate condi of overcrowding as part of building permit application. fees shall be based on the fee schedule in effect at the of building permit application. 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. PLANNING DEPARTMENT 8) The applicant shall prepare a reproducible mylar of the f site plan incorporating the conditions contained herein. site plan shall be submitted to and approved by the Plann Director prior to the issuance of building permits. //// -3- .. .I .A a II 0 0 1 2 9) 3 11) 5 10) 4 6 7 8 9 13) 12) 10 11 12 14) 13 14 15 l6 15) 16) 17 18 The applicant shall establish a homeowner's association i corresponding covenants, conditions and restrictions. Si CC&R's shall be submitted to and approved by the Plannin! Department prior to final map approval. The applicant shall prepare a detailed landscape and irr. tion plan which shall be submitted to and approved by thc Planning Director prior to the issuance of building perm All landscaped areas shall be maintained in a healthy ant thriving condition, free from weeds, trash, and debris. Any signs proposed for this development shall be designel conformance with the city's Sign Ordinance and shall req review and approval of the Planning Department prior to stallation of such signs. Trash receptacle areas shall be enclosed by a 6 foot higl masonry wall with gates pursuant to city standards. Loci of said receptacles shall be approved by the Planning Director. All roof appurtenances,. including air conditioners, shal: architecturally integrated and shielded from view and thc sound buffered from adjacent properties and streets to tl satisfaction of the Planning Department and Building Dirt tor. Prior to occupancy of any units, all of the proposed hot shall be installed and operational. The area around the three guest parking spaces shall be heavily landscaped and mounded to the satisfaction of th, Planning Director prior to final occupancy of any units. Said landscaping shall be shown on the landscape plan required in these conditions. 19 20 21 22 17) Approval of this tentative tract map shall expire eightec months from the date of City Council approval unless a f: map is recorded. An extension may be requested by the a1 plicant. Said extension shall be approved or denied at 1 discretion of the City Council. In approving an extensic the City Council may impose new conditions and may revist existing conditions. 23 IlENGINEERING DEPARTMENT: IL 24 IL Grading : 25 26 27 19) The grading for this project is defined as "regular gradil 18) The developer shall obtain a grading permit prior to the t mencement of any clearing or grading of the site. 28 //// PC RES0 # 1929 I -4- 4 * &is e e 1 2 3 4 Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which s include all required drainage structures and any required erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shal comply with all provisions of Chapter 11.06 of the Carlsba Municipal Code. 5 6 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held 7 II the 24th day of March, 1982, by the following vote, to wit: 8 9 10: AYES: Chairman Farrow, Commissioners Rombotis, Schlehu NOES : None. ABSENT: Commissioners Marcus and Friestedt. Jose and L'Heureux. I1 12 13 14 15 ABSTAIN : None. qL4.w \&$&,/L4Afd!. .- \. VERNON(TARRow, JR, CKairrnan CARLSB~ANNING COMMISSION 21 22 23 24 25 II 26 /I 27 I! PC RES0 # 1929 -5-