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Home My WebLink About1981-12-09; Planning Commission; Resolution 1896I 0 X /I PLANNING COMMISSION RESOLUTION NO. 1896 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 19 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: AMERICAN WEST CASE NO: CT 81 -44/CP-190 6/1 WHEREAS, a verified application for certain property, to 7// wit: 8 9 Lots 1, 2, 3, 4, 5 and 20 in Block H of Palisades in the c of Carlsbad according to map thereof 1747 filed February 5 1923 lo// has been filed with the city of Carlsbad, and referred to the ''11 Planning Commission; and 12/( WHEREAS, said verified application constitutes a request a 1311 provided by Title 21 of the Carlsbad Municipal Code; and 14 15 16 17 18 19 WHEREAS, the Planning Commission did, on the 9th day of December, 1981, hold a duly noticed public hearing as prescrib by law to consider said request; and WHEREAS, at said public hearing, upon hearing and consider all testimony and arguments, if any, of all persons desiring t /be heard, said Commission considered all factors relating to t 20 21 22 23 24 25 26 27 + Tentative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Comrr sion as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearinc the Commission APPROVES of CT 81-44/CP-190, based on the following findings and subject to the following conditions ~ //// 1 //// 28 ///I I! . 0 a 1 2 3 4 5 6 7 0 9 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1) The project is consistent with the city's General Plan sin the proposed density of 23.7 du's/acre is within the densi 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 jus fied 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 PO cies and ordinances since: a) The Planning Commission has, by inclusion of an approp ate condition to this condominium permit and tentative subdivision map, insured that the final map will not b 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 availab and building cannot occur within the project unless se service remains available, the Planning Commission is satisfied that the requirements of the public facilitic element of the General Plan have been met insofar as tl apply to sewer service for this tentative map and condc minium permit approval. b) School facilities will be available to this project as indicated by the Carlsbad Unified School District per letter dated December 3, 1981. c) Park-in-lieu fees are required as a condition of appro, Val. d) All necessary public improvements have been provided 0' 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 j will enable this body to find that public facilities w: be available concurrent with need as required by the General Plan. 4) The proposed project will be compatible with future land u! in the area since all of the surrounding properties have bc designated for high density residential development. 5) This project has already been considered in conjunction wii a previously certified environmental document and a Notice PC RES0 1896 -2- 0 a 1 2 of Prior Environmental Compliance was issued November 16, 1981, which was approved by the Planning Commission on December 9, 1981. ~ 3 Conditions of Approval 4 General Conditions: 5 noted in these conditions. 7 reference and on file in the Planning Department, Develop, 6 1) Approval is granted for CT 81-44/CP-190, as shown on Exhi- bit( s) "A" - "K", dated October 23, 1981, incorporated by ment shall occur substantially as shown unless otherwise 8 2) 9 lo: 11 12 13 14 15 16 17 18 19 3) 4) 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 avai able to serve the subdivision. This project is building permits subject property sewer facilities approved upon the express condition that will not be issued for development of the unless the City Engineer determines that are available at the time of application such sewer permits and will continue to be available until tine of occupancy, This note shall be placed on the final map. This project is approved upon the express condition that tl applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on filc with the City Clerk and incorporated herein by reference, l according to the agreement executed by the applicant for pi ment of said fee a copy of that agreement dated December 2 1981, is on file with the City Clerk and incorporated here. by reference. If said fee is not paid as promised, this a] plication will not be consistent with the General Plan and approval for this project shall be void. 20 5) The applicant shall pay park-in-lieu fees to the city, pric to the approval of the final map as required by Chapter 20 21 of the Carlsbad Municipal Code. 22 23 24 25 26 6) Approval of this request shall not excuse compliance with c sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issu- ance. 7) The applicant shall prepare a reproducible mylar of the fir 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 permits 27 8) The applicant shall establish a homeowner's association anc Department prior to final map approval. CC&R's shall be submitted to and approved by the Planning 28 corresponding covenants, conditions and restrictions. Saic PC RES0 1896 -3- ll e (I) - II I 9) The applicant shall prepare a detailed landscape and irrig 2 tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permit 3 10) All landscaped areas shall be maintained in a healthy and 4 thriving condition, free from weeds, trash, and debris. 5 6 7 8 9 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 i~ stallation of such signs. 12) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Loca- tion of said receptacles shall be approved by the Planninc Director. 10 13) All roof appurtenances, including air conditioners, shall architecturally integrated and shielded from view and the satisfaction of the Planning Department and Building Dire( 11 12 sound buffered from adjacent properties and streets to tht tor. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 14) The open parking area shall be redesigned to provide 5' oj backup space for cars located at the end of the stalls. Engineering .Department: 15) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 16) The grading for this project is defined as "regular gradir by Section 11.06.170(a) of the Carlsbad Municipal Code. 7 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 i shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. 17) Prior to issuance of a grading permit, the haul route shal be submitted for review and shall be approved by the City Engineer. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borl or disposal site if located within the city limits. 18) 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 neer. 27 19) Land for all public streets and easements shown on the ter tative map shall be dedicated on the final map and shall k ances. 28 granted to city free and clear of all liens and encumber- PC RES0 1896 -4- I) e a 1 2 3 4 5 6 7 i 8 9 10 11 20) Direct access rights for all lots abutting Carlsbad Boulc vard shall be waived on the final map. 21) All public streets shall be improved by the developer bar on the typical sections shown on the tentative map and il conformance with City of Carlsbad Standards prior to occi pancy of any buildings unless otherwise modified pursuani to Condition No, 23. 22) The developer shall install a wheelchair ramp at the pub1 street corner abutting the subdivision in conformance wit City of Carlsbad Standards prior to occupancy of any bui: ings. 1 23) The improvements to Carlsbad Boulevard and Tamarack Avem required by these conditions and as shown on the tentatil map may be revised or delayed by the posting of an appro- priate bond if found necessary and is approved by the Cil Engineer. These revisions may include increasing the CUI median island on Tamarack Avenue. I ~ to curb width to 68' and constructing a 4' wide raised I I 12 24) The developer shall comply with all the rules, regulatior and design requirements of the respective sewer and water 13 agencies regarding services to the project. 14 25) No slopes shall be steeper than a ratio of two horizontal 15 one vertical. 16 // Fire Department: 17 ings. 18 19 27) All proposed security gate systems shall be provided with "knox" key operated override switch, as specified by the Fire Department. 20 28) All fire alarm systems, fire hydrants, extinguishing sys- 21 tems, automatic sprinklers, and other systems pertinent t the project shall be submitted to the Fire Department for approval prior to construction, 22 23 26) A local fire alarm system shall be installed in the builc Parks and Recreation: 29) All landscape material shall be rated "1st sea coast expc 24 sure". Z5 30) A minimum of twelve (12) specimen trees of the same speci and Recreation Director. The areas between the walls sha 28 taining walls shown on Exhibit "A" if required by the Par 31) A third retaining wall shall be added between the two re- 27 tions approved by the Parks and Recreation Director. 26 shall be planted prior to occupancy of any units at loca- PC RES0 1896 -5- !m a 1 be level and landscaped to the satisfaction of the Direc of Parks and Recreation. 2 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the ll Planning Commission of the City of Carlsbad, California, held 4 ll the 9th day of December, 1981, by the following vote, to wit: 5 6 7 a 9 I AYES: Chairman Marcus, Commissioners Farrow, Schlehubex Jose and Friestedt. NOES : Commissioners Rombotis and L'Heureux. ABSENT: None. ABSTAIN: None. 10 11 12 13 ATTEST: hPb"- hARY MARCwChairman CARLSBAD LANNING COMMISSIOI Q 20 21 22 23 24 25 26 27 28 PC RES0 1896 -6-