HomeMy WebLinkAbout1980-10-08; Planning Commission; ; AB 6401 15 unit condominium permit Applicant Thayer Case No CP-125CITY OF CARLSBAD
AGEND,A. BILL. tW.
INITIAL ---l..!{p~Lf~ol:::::...LI ______ __,___---:-___ Dept. Hd. Bw _JV!f:
VR? DATE: OCTOBER 28, 1980 CTy. A tty .t.:2.
DEPARTfVlENT: P_L.:._ANN __ IN_G __________________ Cty. Mgr,~ ~
SUBJECt:
15 UNIT CONDOMINIUM PERMIT
APPLICANT: THAYER CASE NO: CP-125
STATEtJiENT OF THE MATTER:
The applicant requests approval of a 15 unit condominium permit on a 1/2 acre
13ite located on the east side of Cove Drive in the R-W zone. Th·e resulting
density would be 30 dwelling units/acre which is at the high end of the General
Plan density range for the site (20-30 du/acre).
The Planning Commission found that the project met all development standards and
design criteria of the Condominium Ordinance. Further, the Commission felt the
proposed density was justified by the project's substantial recreational amenities
and design. The Commission modified Condition No.· 6 to limit the use of the
boat slips to owners only.
No public opposition was voiced at the public hearing. Further, the flanning
Director determined that this project would not have a significant impact on
the environment and issued_a Negative Declaration on September ~9, 1980.
Through staff review and Planning Commission hearing, all issues on this matter
have been satisfactorily resolved.
EXHIBITS
1. Resolution No. 1706, dated October 8, 1980
2; Staff Report dated October 8, 1980
3. Exhibits "A", "B", "C", "G", and '1J", dated September 25, 1980·
RECOMMENDATION
Both the Planning staff and Planning Commission recommend that this appl~cation
be APPROVED and that the City Attorney be directed to prepare documents
APPROVING CP-125, per Planning Commission Resolution No. 1706.
Council Action:
10-28-80 Council directed the City Attorney to prepare documents approving CP-125.
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1 I/ PLANNING COI'flMISSION RESOLUTION NO. 1706
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A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CLAIFORIIJIA, RECOMMENDING
APPROVAL FOR A 15 UNIT CONDOMINIUM PROJECT ON
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
APPLICANT : THAYER
CASE NO: CP-125
COVE DRIVE.
6 I/ WHEREAS, a verified application for certain property to,
711 wit:
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Lot 1, Carlsbad Tract No. 72-16 as per Map No. 7730,
recorded in the Office of the County Recorder of San
Diego County on August 22, 1973.
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
13 // as provided by Title 21 of the Carlsbad Municipal Code: and
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WHEREAS, the Planning Commission did, on the 8th day of
October, 1980, hold a duly noticed public hearing as prescrib
by law to consider said request; and
17 II WHEREAS, at said public hearing, upon hearing and consid
I.8 I all testimony and arguments, if any, of all persons desiring
to be heard, said Commission considered all factors relating 19 1
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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 heari
the Commission recommends APPROVAL of CP-125, based on t
following findings and subject to the following conditic
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1) The project is consistent with the City's General Plan E
the proposed density of 30 du's/acre is within the densj
range of 20-30 du's/ac specified for the site as indicat
PC RES0 #1706
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on the Land Use Element of the General Plan. Further, increased density can be justified by the provisions of
increased amenities and good design as stated in the st
report.
2) The site is physically suitable for the type and densit
the development since the site is adequate in size and
to accommodate residential development at the proposed
sity and still meet all the requirements of the condomi ordinance.
3) The project is consistent with all City public facility
policies and ordinances since:
a) The Planning Commission has, by inclusion of an ap priate condition to this condominium permit insure that building permits will not be issued unless th
City Council finds that sewer service is available
to serve the project, and building cannot occur wi the project unless sewer service remains available the Planning Commission is satisfied that the requ
ments of the public facilities element of the Gene
Plan have been met insofar as they apply to sewer
for this and condominium permit approval.
b) School facilities will be available to this projec indicated by the Carlsbad Unified School District letter dated, September 7, 1980.
c) Park-in-lieu fees have already been paid in conjun
with CT 72-16.
d) All necessary public improvements have been provid
will be required as conditions of approval.
e) The applicant has agreed and is required by the in sion of an appropriate condition to pay a public f lities fee. Performance of that contract and paym of the fee will enable this body to find that pub1 facilities will be available concurrent with need required by the General Plan.
4) On July 5, 1972 the Carlsbad City Council approved CT-7 for the subject property. This map was recorded on Aug 22, 1973 and a copy is on file with the Carlsbad Engine ing Department.
C o'n'd;ii:t io:n s
1) Approval is granted-for CP-125 as shown on Exhibits A -
da.ted Sep.tember 25, 1980. Exhibits A - J are incorpora by re.fer'ence 'and on file in' the Planning Department. C bad Tract 72-16 is on file with the Carlsbad Engineerin Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
PC RES0 #1706 -2-
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This project is approved upon the express condition that
building permits will not be issued for development of th
subject property unless the City Engineer determines that sewer facilities are available at the time of application
for such sewer permits and will continue to be available
until time of occupancy,
This project is approved upon the express condition that applicant shall pay a public facilities fee as required b: City Council Policy No. 17, dated August 29, 1979, on fill 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 August 7, 1980, is on file with the City Clerk and is inc orated herein by reference. If said fee is not paid as promised, this application will not be consistent with th General Plan and approval for this project shall be void.
The applicant shall prepare a reproducible mylar of the final condominium site plan incorporating the conditions contained herein. Said site plan shall be submitted to a, approved by the Planning Department prior to the issuance building permits.
The applicant shall prepare a detailed landscape and irri.
gation plan which shall be submitted to and approved by tl
Planning Department prior to issuance of building permits
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6) The applicant shall establish a homeowner's association a: corresponding covenants, conditions and restrictions. Sa. CC&R's shall be submitted to and approved by the Planning Department prior to issuance of building permits and shal:
contain a provision restricting the use of boat slips to
occupants of the project only;
19 117) The applicant shall install street trees to City speci-
fications at 40 foot intervals along all public street
frontages prior to final occupancy of any-building. The 2011 variety of said trees shall be .subject to the approval of
21 I1 the Parks and Recreation Department.
22 8) Any signs proposed for this development shall be designed conformance with the City's Sign Ordinance and shall requ: review and approval by the Planning Department prior to 23 installation of such signs,
24 9). All landscaped areas shall be maintained in a healthy and
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26 10) All roof appurtenances, including air conditioners, shall
architecturally integrated and shielded from view and
sound-buffered from adjacent properties and streets to thc 27 satisfactian of the Planning Department and Building Depal
thriving condition, free from weeds, trash, and debris,
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PC RES0 #17(36 -3-
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1 11) Approval of this request shall not excuse compliance with all sections of the zoning ordinance and all other applici 2 city ordinances in effect at time of building permit issui
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The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
Grading shall occur in accordance with an approved gradinc and erosion control plan, City standards, and an approved soils and geologic investigation report which shall incluc slope stability calculations and construction specificatic All exposed slopes shall be hydromulched or otherwise sta:
lized prior to the issuance of building permits subject ti
the approval of the City Engineer.
14) The developer shall install one street light to City stant 9 prior to the occupancy of any units.
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15) In order to provide for fire protection during the con-
struction period, the applicant shall maintain passible vehicular access to all buildings. In addition, adequate fire hydrants with required fire flows shall be installed 12 on and off site as required by the Fire Department.
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16) All conditions of CT 72-16 shall be complied with unless
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otherwise stated herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held
17 lion the 8th day of October, 1980, by the following vote, to wit
18 I/ AYES: Commissioner Schick, Larson, Rombotis, Marcus and
Jose D
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NOES: None.
ABSENT: Commissioner Leeds and Friestedt.
I ABSTAIN : None -
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24 ATTEST:
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EDWIN S.' SCH (2%: JB.1 Chair
CARLSBAD PLANNING CO ISSIO ."J '. ...,
LSBAD PLANNING
PC RES0 #1706 -4-