HomeMy WebLinkAbout1981-10-14; Planning Commission; Resolution 1877I I/
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PLANNING COMMISSION-RESOLUTION NO. 1877
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM
PERMIT TO DEVELOP 14 UNITS ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF OCEAN AVENUE BETWEEN
THE PACIFIC OCEAN AND THE AT&SF RAILROAD.
APPLICANT: NATIVE SUN INVESTMENT GROUP
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL
CASE. NO:. . . . CT. 81-35/cp-182. . . . . . . . . - . . . .
WHEREAS, a verified application for certain property
to, wit:
A portion of Lot A of Granville Park Unit No. 2 in
Carlsbad, according to Map 2037 filed June 18, 1927
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has been filed with the city of Carlsbad, and referred to the
Planning Commission; and
12 WHEREAS, said verified application constitutes a
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request as provided by Title 21 of the Carlsbad Municipal Code
and
15 /I WHEREAS, the Planning Commission did, on the 14th day
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prescribed by law to consider said request; and 17
of October, 1981, hold a duly noticed public hearing as
(considering all testimony and arguments, if any, of all person 19
WHEREAS, at said public hearing, upon hearing and 18
relating to the Tentative Tract Map and Condominium Permit. 21
desiring to be heard, said Commission considered all factors 20
22 NOW, THEREFORE, BE IT RESOLVED by the Planning
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A) That the above recitations are true and correct. 24
Commission as follows:
B) That based on the evidence presented at the public hearing
the Commission recommends APPROVAL of CT 81-35/CP-182, bast
26 on the following findings and subject to the following conditions:
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Findings:
1) The project is consistent with the city’s General Plan sir
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the proposed density of 3.18 du’s/acre is less than the
density range of 10-20 du’s/acre specified for the site as
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indicated on the Land Use Element of the General Plan.
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2) The site is physically suitable for the type and density c the development since the site is adequate in size and shz
to accommodate residential development at the density pro-
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7 3) The project is consistent with all city public facility pc
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icies and ordinances since:
a) The Planning Commission has, by inclusion of an appro-
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ing permits may not be issued for the project unless 1
that a note shall be placed on the final map that bui: 11
addition, the Planning Commission has added a condit: that sewer service is available to serve the project. 10
map will not be approved unless the City Council find! priate condition to this project, insured that the fir
and building cannot occur within the project unless st
City Engineer determines that sewer service is availal 12
13 service remains available, the Planning Commission is satisfied that the requirements of the public facilit:
14 element of the General Plan have been met insofar as 1 apply to sewer service for this project.
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16 the Carlsbad Unified School District will ensure
17 district dated May 19, 1981.
b) An existing school agreement between the applicant an(
adequacy of school facilities per letter by the schoo:
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c) The payment of park-in-lieu fees is required as a condition of approval.
d) All necessary public improvements have been provided (
will be required as conditions of approval.
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e) The applicant has agreed and is required by the inclu: of an appropriate condition to pay a public facilitie:
fee. Performance of that contract and payment of the
will enable this body to find that public facilities I be available concurrent with need as required by the General Plan.
f) Assurances have been given that adequate sewer for thc
project will be provided by the city of Carlsbad.
26 4) The proposed project is compatible with the surrounding future land uses since surrounding properties are design;
27 for residential development on the General Plan.
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5) An Environmental Impact Report has been prepared and certified by the City Council for this property. As the
project, as currently proposed, was addressed in the EIR
a project alternative, the Planning Director issued a Notice of Prior Compliance on September 3, 1981 and was approved by the Planning Commission on October 14, 1981. */I Conditions: 511 General Conditions: II 6
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1) Approval is granted for CT 81-35/CP-182, as shown on
Exhibit( s) "A", "B", & "C", dated September 17, 1981 and
Exhibit(s) ''Er1 - rrJ1l, dated August 31, 1981, incorporate(
reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
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3)
This project is approved upon the express condition that final map shall not be approved unless the City Council finds as of the time of such approval that sewer service
available to serve the subdivision.
This project is approved upon the express condition that building permits will not be issued for development of tl. subject property unless the City Engineer determines thal sewer facilities are available at the time of applicatior
for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on tl final map.
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4) This project is approved upon the express condition that
applicant shall pay a public facilities fee as required E
City Council Policy No. 17, dated August 29, 1979, on f:
with the City Clerk and incorporated herein by reference
and according to the agreement executed by the applicant payment of said fee a copy of that agreement dated Augusl
20, 1981, is on file with the City Clerk and incorporate< herein by reference. If said fee is not paid as promisec
this application will not be consistent with the General Plan and approval for this project shall be void.
5) The applicant shall pay park-in-lieu fees to the city as
determined by the City Council, prior to the approval of final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
6) Approval of this request shall not excuse compliance wit1
all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance.
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28 7) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained
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herein. Said site plan shall be submitted to and approv
by the Planning Director prior to the issuance of buildi
permits or grading permits, whichever occurs first.
8) The applicant shall establish a homeowner's association
corresponding covenants, conditions and restrictions. S
CC&R's shall be submitted to and approved by the Plannin
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.
10) All landscaped areas shall be maintained in a healthy an
thriving condition, free from weeds, trash, and debris.
11) Any signs proposed for this development shall be designe
conformance with the city's Sign Ordinance and shall req
review and approval of the Planning Department prior to
installation of such signs.
12) Trash receptacle areas shall be enclosed by a 6 foot hig
masonry wall with gates pursuant to city standards.
Location of said receptacles shall be approved by the
Planning Director.
13) All roof appurtenances, including air conditioners, shal
architecturally integrated and shielded from view and th
sound buffered from adjacent properties and streets to t
satisfaction of the Planning Department and Building
Director.
14) The developer has agreed to dedicate an open space easen
over 2.2 acres of property, identified as lot 2 on the
tentative map. This easement shall be dedicated to the
of Carlsbad, for public purposes, on the final map.
15) The developer shall submit a report prepared by a qualif
archaeologist, based on a sample excavation of site SDi-
626, prior to any grading of the property or the issuanc
of building permits, whichever occurs first.
16) The final location of the pool shall be shown on the fir
site plan and approved by the Planning Director prior tc issuance of grading permits. The Planning Director shal
determine the precise location based on the findings in
report required by Condition No. 34 and upon aesthetic
considerations.
17) The developer shall pre-plumb the buildings for future
installation of solar panels for water heating for each
unit, subject to the approval of the Building Director.
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18) 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 extension shall be approved or denied at
the discretion of the City Council. In approving an
extension, the City Council may impose new conditions and
may revise existing conditions.
Engineering -Department
19) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
20) The grading for this project is defined as "controlled
grading" by Section 11.06.170(a) of the Carlsbad Municipa
Code. Grading shall be performed under the observation c
civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliar!
of the work with the approved grading plan, submit requir reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
21) Additional drainage easements and drainage structures shE
be provided or installed as may be required by the City Engineer.
22) All public streets shall be improved by the developer ba: on the typical sections shown on the tentative map and ir conformance with City of Carlsbad Standards prior to occl
pancy of any buildings including the installation of any required street ,lights.
23) The developer shall comply with all the rules, regulatior
and design requirements of the respective sewer and water
agencies regarding services to the project,
24) All private streets and drainage systems shall be maintai by the homeowner's association in perpetuity. This
responsibility shall be clearly stated in the CC&R's.
25) A concrete island shall be constructed on Mountain View
Drive at the intersection with Carlsbad Boulevard to restrict left turns prior to the occupancy of any units.
The design shall be subject to the approval of the City
Engineer and shall include pavement widening on Mountain
View Drive between Pacific Avenue and Carlsbad Boulevard
where required to provide two travel lanes of 14 feet eac
26) Two signs saying "Through Traffic" with a directional arr
shall be installed prior to the occupancy of any units. One sign shall be placed at Ocean Street and Pacific Avenue; the other at Mountain View Drive and Ocean Avenue
The design and location of the signs shall be subject to
the approval of the City Engineer.
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27) Berms, swales or other devices shall be provided at the t of cut or fill slopes to prevent surface waters from over
flowing onto and damaging the face of the slope, Special
drainage provisions shall be made where a building or structure exists within five feet of the top of a slope. This condition shall be incorporated in the grading plans
28) Sandbags, gravelbags and temporary drainage basins shall installed along all fill slopes and along the shoreline o
Buena Vista Lagoon during grading and construction operations to the satisfaction of the City Engineer.
29) Construction of the buildings planned for the site shall
started as soon as possible after grading is completed.
30) All graded slopes and open space areas shall be seeded an landscaped immediately after grading is completed.
31) The developer shall adhere to all mitigation measures, tc overcome the limitations of the existing soils, as specified in the soils investiqation by Benton Engineerir
Inc. and identified in the EIR. These conditions shall k
incorporated in the structural building plans.
32) The developer shall provide roof downdrain systems which shall be connected to the drainage system subject to the
approval of the City Engineer.
33) Drainage outfall shall be designed to be discharged at a
point west of the lagoon weir. The design of the outfall line shall be subject to approval of the City Engineer
prior to the issuance of grading permits.
34) Prior to the issuance of a grading permit, the developer
shall deposit, in trust with the city, sufficient funds t compensate the city for an engineering report prepared bl registered professional engineer, competent in the field beach erosion, giving specific recommendations on the ne€ and type of protective devices required to ensure that tk
project structures are safe from the anticipated erosion
actions of ocean waves. The applicant shall incorporate any recommended protective measures in the final grading
I plan to the satisfaction of the City Engineer.
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Fire-Department
~ 35) An all weather access road shall be maintained throughout
construction.
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36) All required fire hydrants, water mains and appurtenance:
shall be operational prior to combustible building materj
being located on the project site.
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37) Proposed security gate systems shall be provided with "Kr key operated override switch, as specified by the Fire Department,
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38) All private driveways shall be kept clear of parked vehic
1 at all times, and shall have posted "NO Parking/Fire Lane
Tow Away Zone" pursuant to Section 17.04.040, Carlsbad
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39) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinen
to the project shall be submitted to the Fire Department
approval prior to construction.
40) Building exceeding 10,000 sq.ft. aggregate floor area sha
be sprinklered or four-hour fire walls with no openings
therein shall split the building into 10,000 sq.ft. (or
less) areas.
8 PASSED, APPROVED AND ADOPTED at a regular meeting of the
9 planning Commission of the city of Carlsbad, California, held
10; the. 14th day of October, 1981, by the following vote, to wit:
11 AYES : Chairman Marcus, Commissioners Farrow, Schlehub
12 NOES: None ,
13 ABSENT: Commissioner Rombotis.
Jose, Friestedt and L'Heureux.
14 11 ABSTAIN : None.
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17 ATTEST :
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MARY MARm, Chairman CARLSv PLANNING COPIMISSIOB
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