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HomeMy WebLinkAbout1981-08-12; Planning Commission; Resolution 1825I r e 0 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 PLANNING COMMISSION RESOLUTION NO. 1825 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A NINE UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE NORTH SI1 OF HOME STREET BETWEEN JEFFERSON STREET AND HOPE AVEI APPLICANT: RUSSELL CASE-NO: - - - -CT 81-15/CP-161, . - - . -. . .. . . WHEREAS, a verified application for certain property to, wit: All of Lot 9 together with the most southwesterly fol feet of Lot 10 all of Schell and sites addition to Carlsbad according to Map thereof No. 2145, filed February 20, 1929 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 Codc and WHEREAS, the Planning Commission did, on the 24th da! June, 1981, and the 22th day of July, 1981, hold a duly notict 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 persor desiring to be heard, said Commission considered all factors relating to the Tentative Tract Nap and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninc Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearin: the Commission recommends APPROVAL of CT 81-15/CP-161, ba: on the following findings and subject to the following cond i t ions : i 0 e 1 2 3 4 5 6 7 8 Findings: 1) The project is consistent with the city's General Plan si] the proposed density of 19.4 du's/acre is within the dens range of 10-20 du's/acre specified for the site as indica, on the Land Use Element of the General Plan and can be justified for the following reasons: A) The project is located across the street from the Village Redevelopment Area; B) The project exceeds the minimum requirement for open recreation areas; C) As conditioned, additional on-site amenities will be provided. 9 2) The site is physically suitable for the type and density ( 11 the development since the site is adequate in size and Shi proposed and still meet all of the requirements of the Condominium Ordinance. 12 13 policies and ordinances since: 10 to accommodate residential development at the density 3) The project is consistent with all city public facility 14 15 16 17 18 19 I 20 21l a) The Planning Commission has, by inclusion of an appropriate condition to this condominium permit and tentative subdivision map, insured that the final may will not be approved unless the City Council finds tlr sewer service is available to serve the project. In addition, the Planning Commission has added a conditj that a note shall be placed on the final map that building permits may not be issued for the condominit project unless the City Engineer determines that sewf service is available, and building cannot occur with: the project unless sewer service remains available, 1 Planning Commission is satisfied that the requiremenl of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this tentative map and condominium permit approvi 22 23 24 25 26 b) School facilities will be available to this project i indicated by the Carlsbad Unified School District per letter dated April 28, 1981. c) Park-in-lieu fees are required as a condition of approval. d) All necessary public improvements have been provided will be required as conditions of approval. 27 // //// 28 //// I/ 11 PC mS0 #1825 -2- I/ 4 0 e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 e) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a publil facilities fee. Performance of that contract and payment of the fee will enable this body to find thai public facilities will be available concurrent with need as required by the General Plan. 4) The proposed use is compatible with the surrounding land 1 since several other properties in the vicinity have been developed at a similar density. Gener a1 . Cond it ions : 1) Approval is granted for CT 81-15/CP-161, as shown on Exhibit( s) "A" - "C", dated July 7, 1981, incorporated by reference and on 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 as of the time of such approval that sewer service is available to serve the subdivision. 3) 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 such sewer permits and will continue to be available unti time of occupancy. 4) 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 fi with the City Clerk and incorporated herein by reference, according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated April 1981, is on file with the City Clerk and incorporated her by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan approval for this project shall be void. 5) The applicant shall pay park-in-lieu fees to the city, pr to the approval of the final map as required by Chapter 2 of the Carlsbad Municipal Code. 6) Approval of this tentative tract map shall expire eightee months from the date of City Council approval unless a fi map is recorded. An extension may be requested by the applicant. Said extensionb shall be approved or denied a the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions. //// //// ll PC RES0 #1825 -3- .i )I e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Planning Department: 7) The applicant shall prepare a reproducible mylar of the f site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permi 8) 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 final map approval. 9) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved the Planning Director prior to the issuance of building permits. This landscape plan shall include trees of a substantial size. 10) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 11) Any signs proposed for this development shall be designed conformance with the city's Sign Ordinance and shall requ review and approval of the Planning Department prior to installation of such signs, 12) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Loca of said receptacles shall be approved by the Planning Director. 16 13) All roof appurtenances, including air conditioners, shall sound buffered from adjacent properties and streets to th 17 architecturally integrated and shielded from view and the satisfaction of the Planning Department and Building 18 Director. 19 1 14) The driveway shall be concrete with textured areas locate !I as shown on Exhibit "B". 20 21 1, 15) The walkways located in the recreation area at the rear o the project shall be eliminated. 22 23 24 25 16) All garages shall be equiped with automatic garage door openers. Eng ineer ing - Department 17) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 26 18) The grading for this project is defined as "regular gradi! 28 shall include all required drainage structures and any developer shall submit a grading plan for approval which 27 by Section 11.06.170(a) of the Carlsbad Municipal Code. I required erosion control measures. The developer shall a PC RES0 #1825 -4- /I '." *L b 9 0 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 submit soils, geologic or compaction reports if required shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. 19) No grading shall occur outside the limits of the subdivis unless a letter of permission is obtained from the owners the affected properties. 20) Additional drainage easements and drainage structures sha be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engineer. 21) All land and/or easements required by this project shall granted to the city, without cost to the city, free and c of all liens and encumberances. 22) The developer shall install street lights along all publi and private street frontages in conformance with City of Carlsbad Standards. 23) The developer shall comply with all the rules, regulation and design requirements of the respective sewer and water agencies regarding services to the project. Fire.DeDartment: L 24) A fire hydrant shall be located on-site to the satisfacti of the Fire Marshall, or approved alternative. 25) The existing 4" water line shall be replaced from Jeffers Street to the new fire hydrant. The new water line shall have a minimum size of 6", or approved alternative. Parks. and. Recreation- DeDartment: & ~ ~ -~~ ~~~- ~_" 26) The applicant shall install three 15 gallon street trees the species Metrosideros Excelsa. Building-Department: 27) Second exits are required from the third stories, or appr alternative. 28) Both buildings shall have fire retardant roofs to the satisfaction of the Building Director. //// //// //// //// //// PC RES0 #1825 -5- I /I e I, 1 2 3 4 5 6 7 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 12th day of August, 1981, by the following vote, wit: AYES; Chairman Marcus, Commissioners Rombotis, Far] Schlehuber, Jose and Friestedt. NOES : None ABSENT: Commissioner L'Heureux. ABSTAIN:None* 8 9 10 ATTEST: 15 16 17 18 19 .I 20 21 22 23 24 25 26 27 Ii 28 PC RES0 #1825 I, -6-