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HomeMy WebLinkAbout1980-04-15; City Council; 6225; Subdivision and Planned Unit DevelopmentCITY OF CARLSBnO --._l_ APRIL 15, 1980 Cty. Atty. VpA ---I .- DATE : I ___-.-- --- su''3Ec7': A SUBDIVISION AND PLANNED UNIT DEVELOPFIENT FOR 15 SIKGLE-F@IILY DETACHED HOUSING FRGJECT. CASE NO: CT 80-1/FUD-14 APPLICANT : ROPlBOTIS This 15 single-family, Planned Unit Development is on a 3.3 acre parcel located on the west side of,Hillside and Valencia, north of Park Drive. The General Plan designates this area as residential medium-density allowing 4 to 10 dwelling units to the acre. The project has a density of 4.5 dwelling units to the acre, therefore is consistent with the General Plan. Through staff review and P.lanning Commission hearing, all concerns have been resolved on this project. EXHIBITS 1. Planning Commission Resolution pu'os: 1610 and 1613 2. ?/lemorandum to City !Tanager dated March 13, 1980 3. Staff Report dated March 12, 1980 4. Exhibit "B" dated February 19, 1980 (PUD-14) (City Clerk's Office) 5. Exhibit 'IC" and I'D" dated February 19, 1980 (PUD-14) 6. Exhibit "A" dated February 19, 1980 (CT 80-1) RE C OW IENDAT I ON The Planning staff and Planning Commission recommend that these applications be APPROVED and that the City Council direct the City Attorney to prepare documents APPROVING CT. 80-1/PUD-14, per Planning Commission Resolution Nos: 1610 and 1613. Council Action: 4-1 5-80 Council directed the City Attorney to prepare documents approving CT 80-1/PUD-14, per Planning Commission Resolution Nos: 1610 and 1613, subject to modification of the side yard requirements per Council discussion. : u. , a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COPVJIISSION RESOLUTION NO. 1610 A RESOLUTION OF THE PLANNING COMYISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR 15 SINGLE FAMILY HOMES LOCATED ON THE IiTEST SIDE OF HILLSIDE AND VALENCIA, NORTH OF PARK DRIVE. APPLICANT: ROMBOTIS CASE NO: . CT 80-1 WHEREAS, a verified application for certain property, to wit: That portion of Lot "I" of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California,- according to Map No. 823, filed in the Office of the County Recorder of San Diego County, December 16, 1896. has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, wid verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, this project has been processed through environmental review as required in Title 19, the Environmental Protection Ordinance. An Environmental Impact Assessment (Log No. 651) has been prepared and a Negative Declaration issued Based on the following justification: 1. The proposed project will not adversely affect any significant flora or fauna. . 2. Mitigation measures have been instituted in order to protect and reserve significant 'archaeological resources noted on this site. 3. This negative declaration is conditioned that all exposed slopes must be immediately stablized to the satisfaction of the City Engineer for erosion control. 4. The subject property has been previously disturbed. //// , I.'* .. , F .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 WHEREAS, the Planning Commission did, on the 12th day of March, 1980, 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 anyI of all'persons desiring to be heard, said Commission considered all factors relating to the Condominium Permit; and 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 finds the following findings and conditions to exist: Findings 1. 2. 3. PC The proposed project is consistent with the city's current General Plan since it is within the density range specified for the site as indicated on the Land Use Element of the General Plan. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential develoFment at the proposed density and still meet all the requirements of the city's condominium ordinance. The project is consistent with all city public facility policies and ordinances since: . a. The applicant has received' 15 edu's from the second phase sewer allocation in the the City of Carlsbad Sewer District. b. The Planning Commission has, by inclusion of an appropriate condition to this Planned Unit Development and tentative subdivision map, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the condominium project unless the City Engineer determines that sewer service is available. Since the final map cannot RES0 #16lO -2- .- 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 4. C. d. e. f. I' -- be approved unless sewer service is available, and building cannot occur within the project unless sewer service remains available, the Flanning Commission is satisfied that the requirements of the public facilities element of the general plan . have been met insofar as they apply to sewer service for this Planned Unit Development and tentative map approval. School facilities will be provided by the Carlsbad Unified School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. 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 with need as required by the General Plan. . that public facilities will be available concurrent The proposed project is compatible with surrounding land uses since it is being developed as R-1 property and the surrounding uses are or will be low-density residential. Conditions 1. 2. 3. 4. PC Approval is granted for CT 80-1 as shown on Planning Commission Exhibit "A" , dated February 19, 1980, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. This subdivision is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. This subdivision is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not issued. In order to provide for fire protection during the construction period, the applicant shall maintain passable vehicular access to all buildings. In addition RES0 P1610 -3- -\ 1 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 5. 6. 7. 8. 9. 19. 11. 12. c adequate fire hydrants and/or off site, stand pipes with adequate fire flows shall be installed on and/or off-site, as recommended by the Fire Chief or his designee. Street trees of a variety approved by the Parks and Recreation Department shall be installed to City specifications at 40 foot intervals along all public street frontages. This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City.Counci1 Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to. the agreement executed by the applicant for payment of said fee. A copy of that agreement, dated 2/29/80, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and-this approval shall be void. The applicant shall pay park-in-lieu fees prior to the recordation of the final map. A concrete terrace drain shall be installed in the bench at the rear of the lots at the time the lots are graded. The drain shall be provided.with one or more sidewalk ' underdrains, catch basins or storm drain pipes to carry water to the street, based on drainage calculations and subject to the approval of the City Engineer. All exposed slopes shall be hydroseeded or otherwise stabilized immediately upon completion of grading activities. No grading may be performed during the rainy season (November 1 to April 15), unless an erosion control plan including desiltation basins, etc is submitted as part of the grading plan and.is approved by the City Engineer. Sidewalks shall be constructed on all street frontages adjacent to the subdivision boundary prior to the issuance of occupancy for any units. A revised tentative map which includes the total 29+ acre site to be subdivided shall be submitted to and approved by the City Engineer prior to recordation of the final map. //// //// //// PC RESO # 1610 -4- -\ 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 2% 28 I^ 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 26th day of March, 1980, by the following vote, to wit: AYES : Schick, Larson, Marcus, Leeds, Jose NOES : None ABSTAIN: Rombotis, Friestedt CARLSBAD PLANNING C 9. ISSION r151 ATTEST : PC =SO #1C10 -5- . .I ' .. .- , %r, \ 2 3 4 5 6 7 e 9 ZC 11 12 13 14 15 . 16 17 18 19 20 21 22 23 24 25 26 27 28 ' -'* - 1 PLANNING com.mxIorJ RESOLUTION NO. 1613 A RESOLUTION OF THE PLANNING CONMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECO?.U!lENDING APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR 15 SINGLE FAMILY HOMES LOCATED ON THE WEST SIDE OF HILLSIDE AND VALENCIA, NORTH OF PARK DRIVE. APPLICANT: ROMBOTIS CASE NO: PUD-14 WHEREAS, a verified application for certain property, to wit: That portion of Lot "I" of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed in the Office of the County Recorder of San Diego County, December 16, 1896. 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 Director has determined that the granting of this Planned Unit Development will have a non- significant impact on the environment and has reported that a Negative Declaration has been filed for this project and that the project is in full compliance with the City of Carlsbad's Environmental Protection Ordinance of 1972; and WHEREAS, the Planning Commission did, on the 12th day of March, 1980, 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 persons desiring to be heard, said Commission considered all factors relating to the Planned Unit Developn?ent; and .- . 1. '. A'. c, , c . a. 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 NOW, THEREFORE, BE IT IIEREBY 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 finds the following findings and conditions to exist: Findings 1. 2. 3. 4. 5. PC The proposed project will not be detrimental to the persons residing in the vicinity or injurious to property or improvements in the area because: a. The property will be developed as a single family subdivision and will be compatible with surrounding uses. b. The proposed lots meet the minimum requirements of the R-1-7500 zone with the exception of the side .and rear yard requirements. All design criteria and development standards set forth in the PUD Ordinance have been met. The proposed project will contribute to the general we1 being of the neighborhood and community. The proposed project is consistent with the general plan since it is within the density range specified for the site as indicated on the Land Use Plan. The project is consistent with all city public facilities, policies and ordinances because: a. The applicant has received 15 edu's from the second phase sewer allocation of the' City Sanitation District. b. The Planning Commission has, by inclusion of an appropriate condition to this Planned Unit Development and tentative subdivision map, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the condominium project unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available, and building cannot occur within the project unless sewer service remains available, the Planning RESO #1613 -2- .' .- ' .- '1 2 z 4 9 F; U E 7 E 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. d. e. ? -i 1 Commission is satisfied that the requirenents of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this Planned Unit Development and tenative map approval. 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. All necessary public improvements have been provided or will be required as conditions of approval. School facilities will be available in the Carlsbad Unified School District. Conditions 1. .2. 3. 4. 5. PC Approval is granted.for PUD-14 as shown on Planning Commission Exhibit "B" dated February 29, 1980, and Exhibits "C" and "D" dated February 19, 1980, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. A final condominium plan shall be filed with and approved by the Planning Director prior to issuance of building permits. The plan shall reflect all revisions required by this approval and shall include a mylar of the site plan, a final grading plan, final elevation plans and a final landscaping plan. Unless otherwise stated in these conditions, this project shall meet all requirements and regulations of the R-1 zone and the minimum yards shall be as follows: Front: 20 feet Rear : 15 feet Side : 5 feet each side. This PUD is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued. . In order to provide for fire protection during the con- struction period, the applicant shall maintain passable vehicular access to all buildings. In addition, adequate RES0 #1613 -3- 2 z 4 E 7 E S IC 12 14 11 1E 22 23 24 25 26 27 2i 6. 7. fire hydrants and/or off site, stand pipes with required fire flows shall be installed on and/or off-site, as recommended by the Fire Chief or his designee. Street trees of a variety approved by the Parks and Recreation Department- shall be installed to City spec- ifications at 40 foot intervals along all public street frontages. This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. A copy of that agreement, dated 2/29/80, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. PASSED, APPROVED AND ADOPTED 8t a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 26th day of March, 1980, by the following vote, to wit: AYES: Schick, Larson, Marcus, Leeds, Jose NOES: None ABSENT: None ABSTAIN: Rombotis, Friestedt ATTEST : Lib .a - CHICK, JR.I Chairman CARLSBAD PLANNING CO IISSION \“s yn~s BAD PLANN‘I NG/~FU\I I s s I ON PC RES0 #1613 -4- , MEMORANDUM DATE : March 13, 1980 TO : Frank Aleshire, City Manager FROM : Bud Plender, Planning Department SUBJECT: CT 80-1/PUD-14, ROMBOTIS To better understand why this project is being developed as a Planned Unit Development, a brief history of the P-C zone and PUD process needs to be briefly reviewed. The P-C regulations at the time that the subject property was zoned P-C were quite different than they are today. Originally the P-C zone provided no development standards or procedural requirements. A specific plan, based upon a master plan was required with each development and was to provide development standards and land use regulations. The intent of this original P-C zone was to provide a two-fold process. First, to provide a master planned community, such as La Costa. Second, to provide for innovative development as is normally thought of with planned unit developments. Without fully analyzing the ability of the P-C zone to achieve these goals, many parcels in the city were zoned P-C. Later, recognizing that the P-C zone needed further refinement and guidelines, the city modified the P-C zone and developed the planned unit development procedure. The new P-C zone is to plan large areas and therefore has a minimum zone district area of 100 acres. However, there are many existing P-C zoned areas of less than 100 acres that are now non-conforming. The P-C zone requires that these non-conforming P-C zones be developed by planned unit developments or by condominium permits. ' A planned unit development normally is considered a project that is planned in an innovative manner relating to the surrounding area, topography, and natural characteristics of the site. It also provides design flexibility. In the case of planned unit developments in a non- conforming P-C zone, however, the city has used the process as a tool to provide development standards, since the P-C zone has no standards. The subject project is a normal detached single-family subdivision, not a true planned unit development, however, the staff and Planning Commission found this acceptable because the project is an extension of the already built single-family detached project directly to the east. To provide proper development standards the Planning Commission approved a condition requiring that all development and use regulations shall meet the R-1 zone standards with some slight modification to the yard requirements. They also added a condition requiring that the tentative map be modified to include the entire 30 acre parcel to be subdivided of which only 3.3 acres are to be developed as single family residences. This will indicate the configuration of the remaining 26.7 acre lot after the subdivision of the 3.3 acre subject site. The Planning Commission also added four engineering conditions that were inadvertantly left off the staff report. BP : ar 3/24/80 -2- STAFF REPORT DATE : March 12, 1980 TO : Planning Conmi ssion FROM : Karen Lee, Assistant Planner SUBJECT: CT 80-I/PUD-14 - ROM3C)TIS - Request for a Tentative Subdivision gap and PlanEd. Unit. Development for 15 single family homes located on the west side of Hillside and Valencia, north of Park Dri.ve. I. BACKGROUND De s c r j-p t ion -- The subject property consists of 3.35 acres to be divided into 15 lots ranging in size from 7700 to 14,400 square feet and otherwise meets all requirements of the R-l zone. The project is on the west side of Hillside and Valencia north of Park Drive. The property slopes steeply up on the west side of Valencia and ranges from 40 feet in elevation to 118 feet on Neblina Drive. Existing Zoning and Land Use Land Use - Zoning . Site: P-c North: R-1 South: R-A East : R- 1 West: R- 1 General Plan Information Vacant Single Family Single Family Vacant Vacant 1. Land Use Element: This property is designated as KY, ---.-I_ Residential Medium Density, allowing 4-10 dwelling units per acre. This project contains 15 lots on 3.35 acres resulting in a density of 4.5 dwelling units per acre. 2. Public Facilities: Sewer: The applicant received 15 edu's from the Second Phase Sewer Allocation. Public Improvements: All required on-site and adjacent public improvement2 are existing or will be required as conditions of approval. .r s .- City Supplied - Public Facilities: , All other public facilities necessary to serve the project will not be available concurrent with need. The Planning Commission has, by inclusion of an appropriate condition, required that the project contribute to the costs of such facilities. Since the development will pay its proportionate share of the public facilities which it will require, the Planning Cornmission is satisfied that the requirements of the public facilities element of the general plan have been satisfied. History and Related Cases CT 77-3/PUD-7 - TARA On May 3, 1977, the City Council approved a tentative map and FUD for six single family homes on 1.7 acres. The density was 4 du/acre. Conditions required a final PUD plan and installation of all landscaping prior to occupancy. Environmental Impact Assessment The Planning Department has reviewed the initial study and has found no significant environmental impacts resulting from this project. Therefore, a Negative Declaration, Log No. 651, was issued on February 28, 1980. 11. ANALYSIS Major Planning Considerations 1. Has the project met all the development standards and design criteria of the PUD Ordinance? Discussion This is a request for approval of a planned unit development and tentative map for 15 single family lots. The lots meet meet the area and frontage requirements of the R-1-7500 zone and the units are standard single family homes. The major consideration in reviewing this project are the development standards and design criteria of the PUD Ordinance, Chapter 21.45. -2- -- % The project's density is within the allowable General Plan density range of 4-10 dwelling units per acre, and meets the coverage aid height requirements of the Zoning Ordinance. The yards have been established as front -20, side-5 and rear-15. Each unit has a two car garage and adequate on-street parking. 200 square feet of storage space for recreational vehicles is required on each lot. There is adequate area, with access from the driveway, to provide an RV storage. Each lot has a large, private yard which fulfills the requirements of usable open ssace. * b This development will require substantial grading to develop these lots. However, due to the low density (4.5 du/acre) and the large single family lot design the grading has been minimized. The desiqn of this project is comprehensive and the circulation adequate. The streets are public and have been improved to city standards. This project is compatible with the surrounding single family developments. The use and density are similar to existing and proposed developments in the vicinity. 111. RECOMMENDATION - Staff recommends tha't the Planning Com.xission forward a recommendation of APPROVAL for CT 80-4 and PUD-14 to the City Council based on the following findings and subject to the following conditions: Findings (PUD-14 ) 1. The proposed project will not be detrimental to the persons residing in the vicinity or injurious to prop- perty or improvements in the area because: a. The property will be developed as a single family subdivision and will be compatible with surrounding uses. b. The proposed lots meet the minimum requirements cf the R-1-7500 zone with the exception of the side and rear yard requirements. 2. All design criteria and development standards set forth in the P.U.D. Ordinance have been met. 3. The proposed project will contribute to the general well- being of 'the neighborhood and community. -3- -_ b 5 4. 5. The proposed project is consistent with the general plan since it is within the density range specified for the site as indicated on the Land Use Plan. The project is consistent with all City public facilities, policies and ordinances because: a. b. C. d. e. Conditions The applicant has received 15 edu's from the second phase sewer allocation of the City Sanitation District. 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 that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the condominium project unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available, and building cannot occur within the project unless sewer service remains available, the Planning Commission is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this condominium permit and tentative map approval. 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. All necessary public improvements have been provided or will be required as conditions of approval. School facilities will be available in the Carlsbad Unified School District. 1. Approval is granted for PUD-14 as shown on Planning Commission Exhibits "A" , "Bl' , 'IC" and "D" dated February 19, 1980, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. -4- I. L .. c .. c 2. 3. 4. 5. 6. 7. A final condominium plan shall be filed with and approved by the Planning Director prior to issuance of building permits. The plan shall reflect all revisions required by this approval and shall include a mylar of the site plan, a final grading plan, final elevation plans and a final landscaping plan. The minimum yards shall be as follows: Front: 20 feet Rear : 15 feet Side : 5 feet each side. This PUD is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued. In order to provide for fire protection during the con- struction period, the applicant shall maintain passable vehicular access to all buildings. In addition, adequate fire hydrants and/or off site, stand pipes with required fire flows shall be installed on and/c.r off-site, as recommended by the Fire Chief or his designee. Street trees of a variety approved by the Parks and Recreation Department shall be installed to City spec- ifications at 40 foot intervals along all public street frontages. This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. A copy of that agreement, dated , is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. Findings (CT 80-1) 1. The project is consistent with the city's current general plan since it is within the density range specified for the site as indicated on the Land Use Element of the General Plan. -5- , 2. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the proposed density and still meet all the requirements of the city's condominium ordinance. 3. The project is consistent with all city public facility policies and ordinances since: a. The applicant has received 15 edu's from the second phase sewer allocation in the the City of Carlsbad Sewer District. 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 that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the condominium project unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available, and building cannot occur within the project unless sewer service remains available, the Planning Commission is satisfied that the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service for this condominium permit and tentative map approval. c. School facilities will be provided by the Carlsbad Unified School District. d. Park-in-lieu fees are required as a condition of approval. e. All necessary public improvements have been provided or 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 surrounding land uses since it is being developed as R-1 property and the surrounding uses are or will be low-density residential-. -6- -- t ,- Conditions 1. 2. 3. 4. 5. 6. 7. Approval is granted for CT 80-1 as shown on Planning Commission Exhibits "A", "Bl' , I'C" and I'D'' dated February 19, 1980, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. This subdivision is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. This subdivision is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not issued. In order to provide for fire protection during the construction period, the applicant shall maintain passable vehicular access to all buildings. In addition adequate fire hydrants and/or off site, stand pipes with adequate fire flows shall be installed on and/or off-site, as recommended by the Fire Chief or his designee. Street trees of a variety approved by the Parks and Recreation Department shall be installed to City specifications at 40 foot intervals along all public street frontages. This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Councj.1 Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. A copy of that agreement, dated , is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. The applicant shall pay park-in-lieu fees prior to the recordation of the final map. Attachments Location Map Disclosure Form KL : ar 2/28/80 -7- :, c -. 5 .. .. ,. .I - . I j I , 1' . .I -4 If after the information you lirive submitted has bccn rcvicwed, jt is deLermincd that further information is rcquired, you will be so advised. APPIJCIWT: Lamar Construction CO,, A partnership . . , -_- Name (individual, psrtncrstiip, joint venture, corporation, syndrcatlon) -. 324 Elm Avenue, P.O.Box 1155, Carlsbad, Ca. 92008 -.l-ll-- Business Address 71 4-729-791 1 Tcl cphorte Number Jerry L, Rombotis . -- - AGENT : Name 325 Elm Avenue, P.O.Box 1155, Carlsbad, Ca. 92008 -... - Business Address 71 4-729-791 I Telephone Number -- mbBBERS: Robert L. Rombotis, Partner. 2341 Micklaus Dr., Oceansi.de Nam jindividual, partner, joint Home Address venture, corporation, syndication) ~ ~____l_-__-_l--- 325 Eln: Avenue, P.O.Box 1155, Carlsbad, Ca. 92008 Bcsiness PAddress -- 71 4-729-791 1 71 4-J+55-3130 - Tel.rphone t;umber Teleplione Number .- . ___- - - - 1730 Calavo ----- Gt. ,Carlsbad I--.-- Jerry L.-- Rombotis, Partner Same as above Businrss Address ' 714-729-7911' . Name ' Ilome Address . -- ' -_-_- ,. 714-729-5080 - Telepkone Number- . Telephone Number .. --- - . -- (Attach more sheets if necessary) I/Wc declare unckr penalty of perjury that the infonnation contained 3.n this dis- closure is true and correct and that; it will remain true and correct and may be relied upon as being true and correct until amandcd. .. - .'K , rartr~el: a. .* - MEMORANDUM DATE : March 12, 1980 TO: Planning Commission FROM: Karen Lee, Assistant Planner RE: CT 80-1/PUD-14 - ROMBOTIS - Additional Conditions PUD-14 7. Add date of February 29, 1980 CT 80-1 6. 8. 9. 10. 11. Add date of February 29, 1980. A concrete terrace drain shall be installed in the bench at the rear of the lots at the time the lots are graded. The drain shall be provided with one or more sidewalk underdrains, catch basins or storm drain pipes to carry water 'io the street, based on drainage calcula- tions and subject to the approval of the City Engineer. All exposed sloF5.s shall be hydroseeded or otherwise stabilized inzeziately upon completion of grading activities. -. No grading may 3, performed during the rainy season (November 1 to April 15), unless an erosion control plan --including desiltation basins, etc.--is submitted as part of the grading plan and is approved by the City Engineer. Sidewalks shall be constructed on all street frontages adjacent to the subdivision boundary prior to the issuance of occupancy for any units. KL: jd