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Home My WebLink About1982-06-09; Planning Commission; Resolution 1969' 'I t 0 0 1 /I PLANNING COMMISSION RESOLUTION NO. 1969 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 17 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPER GENERALLY LOCATED BETWEEN UNICORN10 STREET AND ALGA ROAD EAST OF CORINTIA STREET. APPLICANT: WINDSOR COMPANY CASE NO: CT 81-36/CP-183 6 /I WHEREAS, a verified application for certain property 7 8 wit: has been filed with the city of Carlsbad, and referred to the 9 Lots 425, 4,26 and 427 of La Costa Meadows Unit NO. 3 according to Map 7076 filed October 6, 1979 lollPlanning Commission; and I.3. II WHEREAS, said verified application constitutes a rec 1211provided by Title 21 of the Carlsbad Municipal Code; and 13 14 15 16 17 18 19 WHEREAS, the Planning Commission did, on the 9th, da June, 1982, hold a duly noticed public hearing as prescribed to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all perso desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Condominium Permit. 2o II NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1anni.n 21 ilcornmission as follows: 22 23 24 Commission hereby APPROVES CT 81-36/CP-183, based on the A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearin following findings and subject to the following condition 25 IiFindings: 26 27 28 1) The project is consistent with the city's General Plan s the proposed density of 7.7 du's/acre is below the densi range of 10-20 du's/acre specified for the site as indic on the Land Use Element of the General Plan. This sligh lower density can be justified for the reason stated in staff report. e 0 1 2 2) The site is physically suitable for the type and density development since the site is adequate in size and shape accommodate residential development at the density propc 3!l 3) The project is consistent with all city public facility icies and ordinances since: 4 5 6 7 8 9 10 11 12 13 a) The Planning Commission has, by inclusion of an appr condition to this project, insured that the final mz not be approved unless the City Council finds that E service is available to serve the project. In addit the Planning Commission has added a condition that shall be placed on the final map that building permi not be issued for the project unless the City Engine determines that sewer service is available, and buil cannot occur within the project unless sewer service remains available, the Planning Commission is satisf that the requirements of the public facilities eleme 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 school facilities in the San Marcos school district. c) Park-in-lieu fees are required as a condition of app 14 15 16 17 18 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 incl of an appropriate condition to pay a public faciliti Performance of that contract and payment of the fee enable this body to find that public facilities will available concurrent with need as required by the Ge Plan. 19 I 20 ~ f) Assurances have been given that adequate sewer for t project will be provided by the Leucadia County Wate District. 21 '4) The proposed project is compatible with the surrounding land uses since surrounding properties are designated fo 22 residential development on the General Plan. 23 5) This project as conditioned will not cause any significal I//// 26 //// 25 the Planning Commission on June 9, 1982. issued by the Planning Director on May 18, 1982 and apprc 24 environmental impacts and a Negative Declaration has bee] 27 //// ll 28 //// PC RES0 NO. 1969 -2- 0 0 1 2 Conditions: General Conditions 3 4 5 6 7 8 9 10 11 1) Approval is granted for CT 81-36/CP-183, as shown on Exh file in the Planning Department, Development shall occ stantially as shown unless otherwise noted in these cond tions. 11A" - "G", dated May 14, 1982, incorporated by reference 2) This project is approved upon the express condition that final map shall not be approved unless the City Council as of the time of such approval that sewer service is a% to serve the subdivision, 3) This project is approved upon the express condition that building permits will not be issued for development of t subject property unless the City Engineer determines tha facilities are available at the time of application for sewer permits and will continue to be available until ti occupancy. This note shall be placed on the final map. 12 13 14 15 16 4) This project is approved upon the express condition that applicant shall pay a public facilities fee as required Council Policy No. 17, dated April 2, 1982, on file with City Clerk and incorporated herein by reference, and acc to the agreement executed by the applicant for payment o fee a copy of that agreement dated June 8, 1982, is on f with the City Clerk and incorporated herein by reference said fee is not paid as promised, this application will consistent with the General Plan and approval for this p shall be void. l7 18 5) The applicant shall pay park-in-lieu fees to the city, F the approval of the final map as required by Chapter 20. 20 6) The applicant shall provide school fees to mitigate cond l9 the Carlsbad Municipal Code. sections of the Zoning Ordinance and all other applicabl 7) Approval of this request shall not excuse compliance wit 22 of building permit application, 21 fees shall be based on the fee schedule in effect at the of overcrowding as part of building permit application. 26 25 Planning Department 24 ordinances in effect at time of building permit issuance 23 8) The applicant shall prepare a reproducible mylar of the site plan incorporating the conditions contained herein, site plan shall be submitted to and approved by the Plan Director prior to the issuance of building permits. 27 //// 28 I[//// PC RES0 NO. 1969 -3- e 0 1 9) The applicant shall establish a homeowner's association ( corresponding covenants, conditions and restrictions. SI 2 CC&R's shall be submitted to and approved by the Planninc Department prior to final map approval. 3 4 10) The applicant shall prepare a detailed landscape and irr plan which shall be submitted to and approved by the Pla: 11) All landscaped areas shall be maintained in a healthy ani 5 Director prior to the issuance of building permits. 6 7 8 9 13) All roof appurtenances, including air conditioners, shal architecturally integrated and shielded from view and th buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Dir thriving condition, free from weeds, trash, and debris. 12) Any signs proposed for this development shall be designe conformance with the city's Sign Ordinance and shall req review and approval of the Planning Department prior to stallation of such signs. 10 11 12 13 14 15 16 17 18 19 20 )I 14) Prior to final map approval the applicant shall supply d of the proposed interior and exterior fences. 15) Approval of this tentative tract map shall expire twenty months from the date of City Council approval unless a f map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied a discretion of the City Council. In approving an extensi City Council may impose new conditions and may revise ex cond it ions. Engineering : Grad ing 16) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. ~ 21 17) 22 23 24 The grading for this project is defined as "regular grad Section 11.06.170(a) of the Carlsbad Municipal Code. Th developer shall submit a grading plan for approval which include all required drainage structures and any require erosion control measures. The developer shall also subm soils, geologic or compaction reports if required and sh comply with all provisions of Chapter 11.06 of the Carls Municipal Code. 25 //// 27 unless a letter of permission is obtained from the owner 26 118) No grading shall occur outside the limits of the subdivi ' the affected properties. 28 //// PC RES0 NO. 1969 I -4- . I.. e e X /i Public Improvements 2 3 4 Private Streets and Drainage 19) The developer shall install street trees at the equivaler 40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees s be of a variety selected from the approved Street Tree L: 5 6 7 8 9 10 11 12 13 20) The design of all private streets and drainage systems sl approved by the City Engineer prior to approval of the f: map. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tc All private streets and drainage systems shall be inspeci the city and the standard improvement plan check and ins] fees shall be paid prior to approval of the final map. 21) All private streets and drainage systems shall be mainta: the homeowner's association in perpetuity. This respons: shall be clearly stated in the CC&R's. 22) All concrete terrace drains shall be maintained by the hc owner's association (if on commonly owned property) or tl individual property owner (if on an individually owned 1c perpetuity. An appropriately worded statement clearly identifying the responsibility shall be placed in the CCj 14 15 16 17 18 19 23) Concrete terrace drains shall be reconstructed as requirt the City Engineer. 24) The owner shall enter into a lien contract for the futurt construction of a sidewalk and a retaining wall approxim; 3' high on Alga Road prior to final map approval. 25) Pursuant to the provisions of Section 20.20.050(1) of tht Carlsbad Municipal Code, a parcel map may be filed in lit a final map. Whenever reference is made in these condit: to a final map, the reference shall apply also to a para filed in lieu thereof. 20 I 21 IiFire Department 22 26) All private driveways shall be kept clear of parked vehi( 23 all times, and shall have posted "NO Parking/Fire Lane Tc on the side opposite the guest parking spaces. Zone" pursuant to Section 17.04.040, Carlsbad Municipal ( 24 25 127) Fire retardant roofs are required on all structures. ,//I/ 26 I(//// 27 //// 28 //// PC RES0 NO. 1969 -5- .I.. /I e 0 1 PASSED, APPROVED AND ADOPTED at a regular meeting of 2 9th day of June, 1982, by the following vote, to wit: 3 Planning Commission of the city of Carlsbad, California, held 4 5 6 7 AYES : Commissioners Marcus, Schlehuber, Jose and NOES : None. ABSENT: Chairman Farrow, Commissioners Friestedt an( Rawlins. Rombotis. ABSTAIN i None . .-. 8 9 10 /' I' ,'! /': //? ,/"- 2--.:4 (,' -j;!d:2 b' I( CLARENCE SCHLEHUBER, Vice-Chaj CARLSBAD PLANNING COMMISSION - 20 21 22 23 24 25 ' 26 27 28 PC RES0 NO. 1969 I -6-