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Home My WebLink About1981-08-12; Planning Commission; Resolution 1844.i 5 (I e. e 1 PLANNING COMMISSION RESOLUTION NO. 1844 2 3 4 5 6 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 17 UNITS ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF TYLER STREET BETWEEN CHESTNUT AVENUE AND WALNUT AVENUE IN THE RD-M ZONE. APPLICANT: SWEATTE CASE.NO:. . - -CT. 81-27/ep-171. . . . . . . . . . . . . . . , . WHEREAS, a verified application for certain property 8 // to, wit: 9 // Lot 10 of industrial tract in Carlsbad, according to Map 1743 filed January 3, 1923 10 Planning Commission; and 11 has been filed with the city of Carlsbad, and referred to the 12 WHEREAS, said verified application constitutes a l3 request as provided by Title 21 of the Carlsbad Municipal Code 1411 and 15 relating to the Tentative Tract Map and Condominium Permit. 21 desiring to be heard, said Commission considered all factors 2o 1 considering all testimony and arguments, if any, of all person: l9 WHEREAS, at said public hearing, upon hearing and 18 prescribed by law to consider said request; and I'7 of August, 1981, hold a duly noticed public hearing as ' 16 WHEREAS, the Planning Commission did, on the 12th day 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 23 B) That based on the evidence presented at the public hearing, 25 A) That the above recitations are true and correct. 24 commission as follows: the Commission recommends APPROVAL of CT 81-27/CP-171, basc 26 on the following findings and subject to the following 27 cond it i.ons : 28 // ///I APN: 204-070-14 .L .. w a P1 ann ing Findings 1 2 3 1) The project is consistent with the city's General Plan sin the proposed density of 16.8 du's/acre is within the densi range of 10-20 du's/acre specified for the site as indicat 5 justified for the reasons stated in the staff report. 6 2) The site is physically suitable for the type and density c the development since the site is adequate in size and sha 7 to accommodate residential development at the density pro- posed. 8 3) The project is consistent with all city public facility PC 9 # on the Land Use Element of the General Plan and can be icies and ordinances since: 10 11 12 13 14 15 16 a) The Planning Commission has, by inclusion of an appro- priate condition to this project, insured that the fin nap will not be approved unless the City Council finds that sewer service is available to serve the project. addition, the Planning Commission has added a conditi that a note shall be placed on the final map that building permits may not be issued for the project unl the City Engineer determines that sewer service is available, and building cannot occur within the projec unless sewer service remains available, the Planning Commission is satisfied that the requirements of the public facilities element of the General Plan have bee met insofar as they apply to sewer service for this pr ject. 17 18 19 I 2o I 21 22 23 24 25 I b) The Carlsbad Unified School District will ensure adequacy of school facilities per letter dated June 15 1981. c) The payment of park-in- lieu fees is required as a condition of approval, d) All necessary public improvements have been provided o will be required as conditions of approval. e) The applicant has agreed and is required by the inclus of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the will enable this body to find that public facilities K be available concurrent with need as required by the General Plan. 26 27 28 5) This project as conditioned will not cause any significan enviromWnta1 impacts and a Negative Declaration has been issued by the Planning Director on July 27, 1981 and approved by the Planning Commission on August 12, 1981. 4) The proposed project is compatible with the surrounding future land uses since surrounding properties are designa for residential development on the General plan. PC RES0 #1844 -2- 1. " e a 1 2 3 4 5 6 General Conditions: 1) Approval is granted for CT 81-27/CP-171, as shown on Exhibit(s) "A"-"M", dated June 23, 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 t final map shall not be approved unless the City Council fi as of the time of such approval that sewer service is available to serve the subdivision. 7 3) 8 9 10 11 12 13 14 15 4) This project 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 sewer facilities are available at the time of application such sewer permits and will continue to be available until time of occupancy. This project is approved upon the express condition that t applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on fil 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 June 18 1981, is on file with the City Clerk and incorporated here by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan a approval for this project shall be void. 16 5) The applicant shall pay park-in-lieu fees to the city, pri of the Carlsbad Municipal Code. 17 to the approval of the final map as required by Chapter 20 18 19 20 21 22 23 6) Approval of this request shall not excuse compliance with sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. Planning 7) The applicant shall prepare a reproducible mylar of the fi 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 permit 24 1 8) The applicant shall establish a homeowner's association an' 27 Department prior to final map approval. 26 CC&R's shall be submitted to and approved by the Planning 25 corresponding covenants, conditions and restrictions. Sai permits . 28 the Planning Director prior to the issuance of building irrigation plan which shall be submitted to and approved b 9) The applicant shall prepare a detailed landscape and -3- '_ . '* ll e e 10) All landscaped areas shall be maintained in a healthy and 1 thriving condition, free from weeds, trash, and debris. 2 3 4 5 6 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, Locat of said receptacles shall be approved by the Planning Director , 7 13) All roof appurtenances, including air conditioners, shall architecturally integrated and shielded from view and the 8 sound buffered from adjacent properties and streets to thc 9 satisfaction of the Planning Department and Building Director. 10 13 14) The developer shall obtain a grading permit prior to the 12 Grading 11 Engineering commencement of any clearing or grading of the site. 14 15 16 17 15) The grading for this project is defined as "regular gradi by Section 11.06.170(a) of the Carlsbad Municipal Code. 'I developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures. The developer shall a1 submit soils, geologic or compaction reports if required e shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. 18 20 ~ 16) The developer shall enter into lien contract for the futur 19 1 Public - Improvements improvement of a half street width of Tyler Street along t subdivision frontage prior to aproval of the final map. 21 17) The owners of the subject property shall execute a hold 22 harmless agreement regarding drainage across the adjacent property prior to approval of the final map. 23 18) The security gates, as shown on Exhibit "A", shall be 24 relocated a minimum of 15' south from the front property line. 25 Fire. Department 26 19) Additional on-site fire hydrant shall be required. 27 //// 28 //// ll PC RES0 #1844 -4- ., Yb - L. e II) 20) An all weather access road shall be maintained throughout 1 construction, 2 3 21) Water for fire protection shall be installed before combustibles are placed on building site, subject to the 22) Proposed security gate systems shall be provided with "knc 4 approval of the Fire Marshall. key operated override switch, as specified by the Fire 5 Lane/Tow Away Zone" pursuant to Section 17.04.040, Carlsbz 7 Department. 6 23) All private driveways shall be kept clear of parked vehicl at all times, and shall have posted "NO Parking/Fire Municipal Code. 8 9 10 systems, automatic sprinklers, and other sytems pertinent the project shall be submitted to the Fire Department for 24) Fire retardant roofs are required on all structures. 25) All fire alarm systems, fire hydrants, extinguishing 11 approval prior to construction. 12 13 14 15 16 17 18 19 20 26) Building exceeding 10,000 sq.ft, aggregate floor are.a shal be sprinklered or four-hour fire walls with no openings therein shall split the building into 10,000 sq.ft. (or less) areas. PASSED, APPROVED AND ADOPTED at a regular meeting of Planning Commission of the city of Carlsbad, California, held the 12th day of August, 1981, by the following vote, to wit: AYES : Chairman Marcus, Commissioners Rombotis, Fal?rOWf Schlehuber, Jose and Friestedt. NOES: None. ~ I I ABSENT: Commissioner L'Heureux. 21 22 23 24 ABSTAIN: None- ATTEST : i' '+zil CARLSB D PLANNING L- COIYMISSI - ;/z8 II PC RES0 #1844 -5-