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Home My WebLink About1981-08-12; Planning Commission; Resolution 1846,Y " /I e e 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 I PLANNING COMMISSION RESOLUTION NO. 1846 ~~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 21 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN TAMARACK AVENUE AND SEQUOIA AVENUE APPLICANT: MOIR DEVCO CASE NO: CT 81-22/CP-168 WHEREAS, a verified application for certain property, to wit: Lots 1, 2, 3, 4, 5 and 20 in Block H of Palisades in the City of Carlsbad according to Map thereof 1747 filed February 5, 1923. has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request E provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 12th day of August, 1981, hold a duly noticed public hearing as prescribec law, to consider said request; and WHEREAS, at said public hearing, upon hearing and considel all testimony and arguments, if any, of all persons desiring t be heard, said Commission considered all factors relating to t Tentative Tract Map and Condominium Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearin! the Commission recommends APPROVAL of CT-81-22/CP-168, ba: on the following findings and subject to the following conditions : /// 28 /// 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 Find ins s d 1) The project is consistent with the city's General Plan sin the proposed density of 26 du's/acre is within the density range of 20-30 du's/acre specified for the site as indicat on the Land Use Element of the General Plan and can be justified for the reasons stated in the staff report. 2) The site is physically suitable for the type and density c the development since the site is adequate in size and sha to accommodate residential development at the density pro- posed . 3) The project is consistent with all city public facility PC icies and ordinances since: a) The Planning Commission has, by inclusion of an appro- priate condition to this condominium permit and tentat subdivision map, insured that the final map will not I: approved unless the City Council finds that sewer serv 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 t City Engineer determines that sewer service is availak and building cannot occur within the project unless SE service remains available, the Planning Commission is satisfied that the requirements of the public faciliti element of the General Plan have been met insofar as t apply to sewer service for this tentative map and condominium permit approval. b) School facilities will be available to this project aE indicated by the Carlsbad Unified School District per letter dated June 4, 1981. c) Park-in-lieu fees are required as a condition of approval. d) All necessary public improvements have been provided c 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 F be available concurrent with need as required by the General Plan. 4) The proposed project will be compatible with future land uses in the area since all of the surrounding properties have been designated for high density residential development. /// PC RES0 1846 -2- e e 1 2 3 4 5 6 7 5) This project will not cause any significant environmental impacts and a Negative Declaration was issued by the Planr Director on July 9, 1981 and approved by the Planning Coma sion on August 12, 1981. General Conditions 1) Approval is granted for CT 81-22/CP-168, as shown on Exhit "A - MI', dated July 21, 1981, incorporated by reference ar on file in the Planning Department. Development shall occ substantially as shown unless otherwise noted in these cor t ions. a 9 able to serve the subdivision. 2) This project is approved upon the express condition that t final map shall not be approved unless the City Council fj as of the time of such approval that sewer service is ava: 10: 11 12 13 3) 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 condition shall be placed on the final map , ~ 14 4) 15 16 17 18 19 I 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 1, 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 i approval for this project shall be void. 5) The applicant shall pay park-in-lieu fees to the city, pri 20 to the approval of the final map as required by Chapter 20 21 22 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 issu- 23 ance , 24 Planning Department Conditions of the Carlsbad Municipal Code. 25 26 27 28 I 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 8) The applicant shall establish a homeowner's association ar corresponding covenants, conditions and restrictions. Sai PC RES0 1846 -3- a e CC&R's shall be submitted to and approved by the Planning 1 Department prior to final map approval. 2 9) The applicant shall prepare a detailed landscape and irri? tion plan which shall be submitted to and approved by the 3 Planning Director prior to the issuance of building permil 4 10) All landscaped areas shall be maintained in a healthy and 5 11) Any signs proposed for this development shall be designed 6 conformance with the city's Sign Ordinance and shall requ: review and approval of the Planning Department prior to il thriving condition, free from weeds, trash, and debris. 7 of said receptacles shall be approved by the Planning Dire 9 stallation of such signs. 8 12) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Loca. tor . 10 11 13) All roof appurtenances, including air conditioners, shall architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the tor. 12 satisfaction of the Planning Department and Building Direc 13 14 reflect onto adjacent properties. This condition shall be met to the satisfaction of the Planning Director prior to 15 occupancy of any units. l6 15) A security gate shall be placed on the top of the stairwa! 17 located on the south side of the project. Said gate shal: allow entry to residents only, however, shall allow free 18 exit to residents and guests. The type of gate shall be subject to the approval of the Building Official prior to the issuance of a building permit. 14) All exterior lighting shall be directed inward and not 19 commencement of any clearing or grading of the site. 21 I 20 Engineering-Department-Conditions 16) The developer shall obtain a grading permit prior to the 22 23 24 25 26 17) The grading for this project is defined as "regular gradir by Section 11.06.170(a) of the Carlsbad Municipal Code. '1 developer shall submit a grading plan for approval which shall include all required drainage structures and any re- quired erosion control measures. The developer shall alsc submit soils, geologic or compaction reports if required e shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. 18) Prior to issuance of a grading permit, the haul route shal 27 be submitted for review and shall be approved by the City approved and a separate grading permit issued for the borr 28 Engineer. A separate grading plan shall be Submitted and or disposal site if located within the city limits. PC RES0 #1846 -4- , m m 1 19) Additional drainage easements and drainage structures shal be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Eng 2 neer. 3 4 5 6 20) Land for all public streets and easements shown on the ten tive map shall be dedicated on the final map and shall be granted to city free and clear of all liens and encumber- ances. 21) Direct access rights for all lots abutting Carlsbad Boulev shall be waived on the final map. 7 22) All public streets shall be improved by the developer base on the typical sections shown on the tentative map and in pancy of any buildings. 8 conformance with City of Carlsbad Standards prior to occu- 9 10 11 12 13 14 23) The developer shall install a wheelchair ramp at the publi street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build ings. 24) The improvements to Carlsbad Boulevard and Tamarack Avenue , required by these conditions and as shown on the tentative ~ map may be revised or delayed by the posting of an appro- ~ priate bond if found necessary and is approved by the City ~ Engineer . l5 16 25) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. l7 Parks and Recreation Department Conditions l8 26) All landscape material shall be rated "1st sea coast 19 I exposure''. 20 21 27) A minimum of twelve (12) specimen trees of the same specie shall be planted prior to occupancy of any units at locati to be determined by the Director of Parks and Recreation. 22 23 24 25 26 27 28 //// //// //// //// //// //// //// PC RES0 #1846 I! - 5- -. 1 * 3 1. // a 4 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 3 Planning Commission of the City of Carlsbad, California, held the 12th day of August, 1981, by the following vote, to wit: 4 5 AYES : Chairman Marcus, Commissioners Rombotis, Farrow, NOES: None. Schlehuber, Jose and Friestedt. t5 I/ ABSENT: Commissioner L'Heureux ABSTAIN : None * /]LA US, /- y-. Chairman PLANNING COMMISSIOI: li' I 17 18 19 I 20 21 22 23 24 25 11 26 27 28 PC RES0 #1846 -6-