HomeMy WebLinkAbout1981-12-09; Planning Commission; Resolution 1898f . q. c e
1 II PLANNING COMMISSION RESOLUTION NO. 1898
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A THREE UNIT
TENTATIVE TRACT MAP AND A PLANNED UNIT DEVELOPMENT
ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
MAGNOLIA AVENUE BETWEEN GRECOURT WAY AND ADAMS STREE'I
APPLICANT: SANDY
CASE NO: CT 80-43/PUD-24
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611 WHEREAS, a verified application for certain property, to
711 wit: 8 Parcels 1 and 2 of Map 9114 filed in the office of the
County Recorder, September 5, 1979. 9
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has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request i
provided by Title 21 of the Carlsbad Municipal Code; and 13
14 WHEREAS, the Planning Commission did, on the 9th day of // December, 1981, hold a duly noticed public hearing as prescril 15
by law, to consider said request; and 16
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WHEREAS, at said public hearing, upon hearing and conside.
all testimony and arguments, if any, of all persons desiring
be heard, said Commission considered all factors relating to
20 // Tentative Tract Map and Planned Unit Development.
21 11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Com:
22 sion as follows:
23 (A) That the foregoing recitations are true and correct.
24 (B) That based on the evidence presented at the public hearin
the Commission hereby APPROVES CT 80-43/PUD-24, based on
following findings and subject to the following condition 25
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Findings
1. The proposed Tentative Tract Map and Planned Unit Develo
ment is consistent with the city's General Plan since th
site is designated by the Land Use Element for residenti
low-medium density and, as conditioned, the project is c sistent with all other General Plan elements.
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1 A 2. The site is physically suitable for the type of developme1 since the site is adequate in size and topography to ~CCOI modate the project without creating any significant envirc
mental impacts.
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4 3. The design of the subdivision will not cause any serious
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8 able to serve the development.
health problems since the project meets all public health requirements.
The project is consistent with all city public facility p' icies and ordinances since:
a. Adequate water, gas and electric service will be avai
9 b. All necessary public improvements will either be pro-
vided or required as conditions of approval.
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c. The applicant has agreed and is required by the inclu sion of an appropriate condition to pay a public faci ties fee. Performance of that contract and payment o
the fee will enable this body to find that all other public facilities will be available concurrent with n as required by the General Plan.
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d. School facilities will be available to serve the proj per letter from the Carlsbad Unified School District,
dated December 7 , 1981 , on file in the Planning De- partment.
As conditioned, all design criteria and development stan- dards of the Planned Unit Development Ordinance are met b
this project.
This project will not cause any significant environmental
impacts and a Negative Declaration has Seen issued by the Planning Director dated November 25, 1981 and approved by the Planning Commission on December 9, 1981.
21 Conditions-of -Approval /I 22 General - Conditions
23 1. Approval is granted for CT 80-43/PUD-24, as shown on Exhi
bits "A" and ''B" , dated October 26, 1981, incorporated b> 24 ment shall occur substantially as shown unless otherwise reference and on file in the Planning Department. Develc
25 noted in these conditions.
26 2. This project is approved upon the express condition that
final map shall not be approved unless the City Council
available to serve the subdivision.
27 finds as of the time of such approval that sewer service
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PC RES0 1898 -2-
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3. This project is approved upon the express condition that building permits will not be issued for development of tk: subject property unless the City Engineer determines that
sewer facilities are available at the time of applicatioc
for such sewer permits and will continue to be available
until time of occupancy. This note shall be placed on tk
final map.
4. This project is approved upon the express condition that
applicant shall pay a public facilities fee as required I:
City Council Policy No. 17, dated August 29, 1979, on fj
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 Octobc
1, 1980, is on file with the City Clerk and incorporated 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, PI to the approval of the final map as required by Chapter
20.44 of the Carlsbad Municipal Code.
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- ance. i
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7. The applicant shall prepare a reproducible mylar of the 16
Planning Department Conditions
final site plan incorporating the conditions contained h(
the Planning Director prior to the issuance of building ]
17 in. Said site plan shall be submitted to and approved b:
18 mits.
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8. The applicant shall establish a homeowner's association , corresponding covenants, conditions and restrictions. S8 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 irr
tion plan which shall be submitted to and approved by th
Planning Director prior to the issuance of building per-
mits.
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10. All landscaped areas shall be maintained in a healthy an
stallation of such signs. review and approval of the Planning Department prior to 27
conformance with the city's Sign Ordinance and shall req 26 11. Any signs proposed for this development shall be designe
thriving condition, free from weeds, trash, and debris.
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12. All roof appurtenances, including air conditioners, shall architecturally integrated and shielded from view and the
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sound buffered from adjacent properties and streets to tht satisfaction of the Planning Department and Building Direc tor.
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Approval of this tentative tract map shall expire eighteel months from the date of City Council approval unless a fil
map is recorded. An extension may be requested by the ap plicant. Said extension shall be approved or denied at t: discretion of the City Council. In approving an extensio:
the City Council may impose new conditions and may revise existing conditions.
The proposed garage on lot 2 (middle lot) shall be relocal away from the adjacent property line to meet all setback 2 building separation requirements subject to the approval t the Planning Director. Also, a pedestrian walkway shall l placed to provide access to the common recreation area frt
lot 1.
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15. The applicant shall install the common recreation faciliti
prior to final occupancy of the last unit of this project. The recreation facilities must comply with the provisions
the Planned Unit Development Ordinance in effect at the ti of final occupancy of the last unit.
Engineering Department Conditions
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The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
The grading for this project is defined as "regular gradin 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 re- quired erosion control measures. The developer shall also
submit soils, geologic or compaction reports if required a shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code.
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the affected properties. 23
18. No grading shall occur outside the limits of the subdivisi unless a letter of permission is obtained from the owners
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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 neer.
20. The developer shall pay the current local drainage area fec prior to approval of the final map or shall construct drail
City of Carlsbad Standards as required by the City Engi- neer.
~ age systems in conformance with the Master Drainage Plan a1
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21. The developer shall install street trees at the equivalen
of 40-fOOt intervals along all public street frontages in
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conformance with City of Carlsbad Standards. The trees
shall be of a variety selected from the approved Street T
22. The design of all private streets and drainage systems sh 4
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tests. All private streets and drainage systems shall be
shall conform to city of Carlsbad standards based on R-va 6
final map. The structural section of all private streets be approved by the City Engineer prior to approval of the 5
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the final map. 8
check and inspection fees shall be paid prior to approval
inspected by the city and the standard improvement plan
23. All private streets and drainage streets shall be maintail by the homeowners association. This responsibility shall clearly stated in the CC&R's. 10:
11 24. The developer shall comply with all the rules, regulation:
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and design requirements of the respective sewer and water agencies regarding services to the project.
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25. Prior to final map approval, a public utility and access easement shall be dedicated to a width of 26' with a 24'
wide paved area to the satisfaction of the City Engineer along the northeast side of the property.
Fire-Department-Conditions
26. A fire hydrant shall be installed at the driveway entrancc prior to issuance of building permits.
27. All addresses shall be clearly identifiable from the stre< near the driveway entrance.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held
the 9th day of December, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioner Rornbotis, Farrow,
NOES : None.
ABSENT : None.
ABSTAIN: None .
Schlehuber, Jose, Friestedt and L'Heureux.
kc&$ CARLSBA LANNING L Chairman COMMISSIOE
ATTEST :
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