HomeMy WebLinkAbout1983-06-22; Planning Commission; Resolution 2139*- p. P e e
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PLANNING COMMISSION RESOLUTION NO. 2139
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FOUR
LOT/SEVENTEEN UNIT TENTATIVE TRACT MAP AND
CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED BETWEEN UNICORN10 STREET AND ALGA ROAD EAST OF
CORINTIA STREET'.
APPLICANT: WINDSOR COMPANY
CASE NO: CT 81-36(A)/CP-183
?5 ll WHEREAS, a verified application for certain propert
711 wit:
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Lots 425, 426 and 427 of La Costa Meadows Unit
No. 3 according to Map 7076 filed October 6, 1979,
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has been filed with the City of Carlsbad, and referred to th
Planning Commission; and
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13 as provided by Title 21 of the Carlsbad Municipal Code; and
14 WHEREAS, the Planning Commission did, on the 22nd d
15 of June, 1983, hold a duly noticed public hearing as prescri
16 law, to consider said request; and
WHEREAS, said verified application constitutes a re
17 WHEREAS, at said public hearing, upon hearing and
18 considering all testimony and arguments, if any, of all pers
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desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Condominium Permit;
21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
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(B) That based on the evidence presented at the public hear 24
(A) That the foregoing recitations are true and correct. 23
Commission as follows:
the Commission APPROVES CT 81-36(A)/CP-183, based on tk
25 following findings and subject to the following conditi
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L //Findings:
2 1) The project is consistent with the City's General Plan E
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consistent with surrounding properties. 5
on the Land Use Element of the General Plan. This sligi 4
the proposed density of 7.7 du's/acre is below the densj range of 10-20 du's/acre specified for the site as indic
lower density can be justified because the density is
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2) The site is adequate in size and shape to accommodate
residential development at the density proposed.
3) The project is consistent with all City public facility
8 icies and ordinances since:
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a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured that final map will not be approved unless the City Counc finds that sewer service is available to serve the
project. In addition, the Planning Commission has ( condition that a note shall be placed on the final 1 that building permits may not be issued for the pro: unless the City Engineer determines that sewer serv. available, and building cannot occur within the pro: unless sewer service remains available, and the Plal Commission is satisfied that the requirements of thc public facilities element of the general plan have 1 met insofar as they apply to sewer service for this
project .
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b) School fees will be paid to ensure the availability school facilities in the San Marcos school district
l8 /I c) Park-in-lieu fees are required as a condition of ap proval .
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d) All necessary public improvements have been provide will be required as conditions of approval.
e) The applicant has agreed and is required by the inc of an appropriate condition to pay a public facilit
fee. Performance of that contract and payment of t
will enable this body to find that public facilitie
be available concurrent with need as required by th
general plan.
25 I 24( 4) The proposed project is consistent with the City's Plan Development Ordinance and also complies with the Design
Guidelines Manual.
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1 5) The proposed project is compatible with the surrounding
land uses since surrounding properties are designated fc 2
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6) This project is exempt from environmental review per Se( 3
residential development on the general plan.
19.04.070 of the Carlsbad Environmental Ordinance.
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Conditions:
1) Approval is granted for CT 81-36(A)/CP-183, as shown on Exhibit "A", dated May 19, 1983 and IIB" - "G", dated Ma] 1982, incorporated by reference and on file in the Land Planning Office. Development shall occur substantially
shown unless otherwise noted in these conditions.
2) This project is approved upon the express condition thai final ma.p shall not be approved unless the City Council as of the time of such approval that sewer service is available to serve the subdivision.
11 3) This project is approved upon the express condition tha. building permits will not be issued for development of
sewer facilities are available at the time of applicatic 13 such sewer permits and will continue to be available un'
time of occupancy. This note shall be placed on the fi. 14 map.
12 subject property unless the City Engineer determines th4
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6)
This project is approved upon the express condition tha applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on film
the City Clerk and incorporated herein by reference, an8
according to the agreement executed by the applicant fo payment of said fee, a copy of that agreement, dated Ju 1982, is on file with the City Clerk and incorporated h
by reference. If said fee is not paid as promised, thi application will not be consistent with the General Pla approval for this project shall be void.
The applicant shall pay park-in-lieu fees to the City, to the approval of the final map as required by Chapter of the Carlsbad Municipal Code.
The applicant shall provide school fees to mitigate con
of overcrowding as part of building permit application. fees shall be based on the fee schedule in effect at th
of building permit application.
25 '7) Approval of this request shall not excuse compliance wi
ordinances in effect at time of building peamit issuanc 26 sections of the Zoning Ordinance and all other applicah
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8) The applicant shall prepare a reproducible mylar of thc site plan incorporating the conditions contained hereir Said site plan shall be submitted to and approved by tk Use Planning Manager prior to the issuance of building
permits .
9) The applicant shall establish a homeowner's associatior
corresponding covenants, conditions and restrictions. CC&R's shall be submitted to and approved by the Land I
Planning Manager prior to final map approval.
10) The applicant shall prepare a detailed landscape and il tion plan which shall be submitted to and approved by I Land Use Planning Manager prior to the issuance of buil
permits .
11) All landscaped areas shall be maintained in a healthy i
thriving condition, free from weeds, trash, and debris,
12) Any signs proposed for this development shall be desigl
conformance with the City's Sign Ordinance and shall rf
review and approval of the Land Use Planning Manager PI
installation of such signs.
13) Trash receptacle areas shall be enclosed by a six-foot masonry wall with gates pursuant to City standards. LC
of said receptacles shall be approved by the Land Use
Planning Manager.
16 14) All roof appurtenances, including air conditioners, sh;
sound buffered from adjacent properties and streets, PI 17 architecturally integrated and shielded from view and 1
of the Land Use Planning Manager and Building and Plan] 18
to Building Department Policy No. 80-6, to the satisfac
Director. 19
15) Lot 4, the common recreation area, shall be developed 2o I concurrently with the first phase of dwelling units.
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16) No common lots may be sold separately and all lots are remain in common ownership in perpetuity. A condition requiring this shall be placed in the CC&R's and subjec the approval of the Land Use Planning Manager.
17) Approval of this resolution supercedes Planning Commis: Resolution No. 1969.
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18) The developer shall obtain a grading permit prior to tl commencement of any clearing or grading of the site.
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PC RES0 NO. 2139 .4
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19) The grading for this project is defined as "regular gra by Section 11.06.170(a) of the Carlsbad Municipal Code.
developer shall submit a grading plan for approval whic include all required drainage structures and any requir erosion control measures. The developer shall also sub
soils, geologic or compaction reports if required and s comply with all provisions of Chapter 11.06 of the Carl
Municipal Code.
20) No grading shall occur outside the limits of the subdiv unless a letter of permission is obtained from the owne the affected properties.
21) The developer shall install street trees at the equival
conformance with City of Carlsbad Standards, The trees 8
be of a variety selected from the approved Street Tree 9
40-foot intervals along all public street frontages in
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22) The design of all private streets and drainage systems be approved by the City Engineer prior to approval of t final map. The structural section of all private stree
shall conform to City of Carlsbad Standards based on R- tests. All private streets and drainage systems shall
inspected by the city, and the standard improvement pla
and inspection fees shall be paid prior to approval of
final map.
23) All private streets and drainage systems shall be maint
by the homeowner's association in perpetuity. This res
sibility shall be clearly stated in the CCbR's. I i 24) All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property)
individual property owner (if on an individually owned
An appropriately worded statement clearly identifying t
responsibility shall be placed in the CC&R's,
25) Pursuant to the provisions of Section 20.20.050(1) of t
Carlsbad Municipal Code, a parcel map may be filed in 1
a final map, Whenever reference is made in these condj to a final map, the reference shall apply also to a par
filed in lieu thereof.
26) Concrete terrace drains shall be reconstructed as requj
the City Engineer.
24 27) The owner shall enter into a lien contract for the futl
25 construction of a sidewalk and a retaining wall approx;
3' high on Alga Road prior to final map approval.
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at all times, and shall have posted "NO Parking/Fire Lar
28) All private driveways shall be kept clear of parked vehi 2
Fire Deparment:
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Away Zone" pursuant to Section 17.04.040, Carlsbad Munic
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29) Fire retardant roofs shall be required on all structure$
PASSED, APPROVED AND ADOPTED at a regular meeting 01
Planning Commission of the City of Carlsbad, California, helc
the 22nd 8
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day of June, 1983, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Rombotis
NOES : None.
ABSENT: Commissioner Marcus and Farrow.
Jose, Friestedt and Rawlins.
ABSTAIN : None
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CLARENCE SCHLEHUBER, Chair1
CARLSBAD PLANNING COMMISSI(
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l8 1 AND USE PLANNING MANAGER
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PC RES0 NO. 2139 6.
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