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HomeMy WebLinkAbout1981-06-10; Planning Commission; Resolution 1815.- c - .: Y a 0 X /I PLANNING COMMISSION RESOLUTION NO. 1815 2 3 4 5 6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO CREATE FIVE SINGLE-FAMIL1 LOTS AND THREE COMMON LOTS ON PROPERTY GENERALLY LOCA: ON THE EAST SIDE OF HIGHLAND DRIVE BETWEEN ELM AVENUE AND ELMWOOD DRIVE. APPLICANT : SWAB CASE NO: CT 80-46 7 WHEREAS, a verified application for certain property 8 I/ wit: 9 LO 11 12 13 14 15 16 That portion of Tract 121 according to Map No. 1661 f March 1, 1915 has been filed with the city of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a reqt provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 10th da] June, 1981, hold a duly noticed public hearing as prescribed 2 17 18 to consider said request: and WHEREAS, at said public hearing, upon hearing and 19 I considering all testimony and arguments, if any, of all persor desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Condominium Permit. 20 21 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninc 23 ll Commission as follows: 24 A) That the above recitations are true and correct. 25 B) That based on the evidence presented at public hearing, tE Commission recommends APPROVAL of CT 80-46, based on the following findings and subject to the following conditionE 26 Findings: 27 1) The proposed tentative map is consistent with the city's c 28 plan since the site is designated by the land use element residential low-medium density and, as conditioned, the PI is consistent with all other general plan elements. JJ 4- 0, i i - /I e e 1 2) The site is physically suitable for the type of developme! the site is adequate in size and topography to accommodat 2 project without creating any significant environmental im 3 3) The design of the subdivision will not cause any serious problems since the project meets all public health 4 requirements. 5 6 4) The project is consistent with all city public facility p to serve the development. 7 and ordinances since: a. Adequate water, gas and electric service will be ava: 8 9 10 11 12 b. All necessary public improvements will either be pro’ or required as conditions of approval. c. The applicant has agreed and is required by the incl. of an appropriate condition to pay a public facilitil Performance of that contract and payment of the fee 7 enable this body to find that all other public facil will be available concurrent with need as required b: general plan. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. School facilities will be available to serve the pro per letter from the Carlsbad Unified School District October 30, 1980, on file in the Planning Department 5) The project will not cause any significant environmental : and a Negative Declaration has been issued by the Plannin! Director on May 14, 1981, and approved by the Planning Commission on June 10, 1981. General Conditions: 1) Approval is granted for CT 80-46, as shown on Exhibit(s) 1 B, dated November 13, 1980, incorporated by reference and file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that . final map shall not be approved unless the City Council f: of the time of such approval that sewer service is availal: serve the subdivision. 3) This project is approved upon the express condition that t applicant shall pay a public facilities fee as required b; Council Policy No. 17, dated August 29, 1979, on file wit1 City Clerk and incorporated herein by reference, and ~CCOI to the agreement executed by the applicant for payment of fee a copy of that agreement dated November 12, 1980, is c 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. PC RES0 #1815 -2- * 7 $ f i a e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 4) The applicant shall pay park-in-lieu fees to the city, p: the approval of the final map as required by Chapter 20.~ the Carlsbad Municipal Code. 5) Approval of this request shall not excuse compliance wit: sections of the Zoning Ordinance and all other applicabl( ordinances in effect at time of building permit issuance 6 ) Approval of this tentative tract map shall expire eightet months from the date of City Council approval unless a f. is recorded. An extension may be requested by the applil Said extension shall be approved or denied at the discrel the City Council. In approving an extension, the City Cc may impose new conditions and may revise existing condit: Engineering Conditions: 7) This project is approved upon the express condition that building permits will not be issued for development of tl subject property unless the City mgineer determines tha' capacity is available at the time of application for suc; permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 8) The developer shall enter into a lien contract for the fl improvement of a half street width of Highland Drive a101 subdivision frontage prior to approval of the final map. 9) No lot in this subdivision may be further subdivided. TI shall be placed on the final map. 10) The private driveway and all common lots shall be maintaj the homeowner's association. This responsibility shall 3: clearly stated in the CC&R'S as required by a condition < approval of PUD-27, Resolution No. 1816. 11) All residential lots in this project shall derive sole ac from the private driveway. A note to this effect shall 3: placed on the final map. 12) The private driveway shall be a minimum of 20 feet wide : minimum distance of 20 feet from the right-of-way line bt tapering to 14 feet. 13) The common private driveway shall be paved with a minimun hot asphalt concrete overlay prior to the occupancy of ar additional units. Areas to be widened shall have a minin structural section of 4 inch aggregate base and 2 inches asphalt concrete. //// //// //I/ PC RES0 #1815 -3- -1 Y c P7q e I) I. II Fire Department: 2 3 4 5 14) A fire hydrant shall be provided at a location to be app the Fire Department. 15) The private driveway shall be kept clear of parked vehic all times and shall have posted "NO Parking/Fire Lane/To Zone" according to the requirements of Section 17.04.040 Municipal Code. 6 16) A street name shall be approved and posted for the priva. driveway and all lots shall be addressed on the approved 7 PASSED, APPROVED AND ADOPTED at a regular meeting of the 8 name. 9 Planning Commission of the city of Carlsbad, California, he1 10 10th day of June, 1981, by the following vote, to wit: 11 12 AYES : Chairman Marcus, Commissioners Rombotis, Farrow NOES : None. Schlehuber, Jose, Friestedt, and L'Heureux. 13 11 ABSENT : None . 14 11 ABSTAIN : None. 15 16 ATTEST : ," MARY CARLSBqD MA US, PLANNING Chalrman COMMIl RLSBAD PLANN :. 21 22 23 24 25 26 27 I1 28 PC RES0 #l815 -4- I