HomeMy WebLinkAbout1981-12-23; Planning Commission; Resolution 1900> e 0
I. I1 PLANNING COMMISSION RESOLUTION NO. 1900
2
3
4
5
6
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE SUBDIVISION MAP AND
CONDOMINIUM PERMIT TO CONVERT 172 EXISTING
APARTMENT UNITS ON PROPERTY GENERALLY LOCATED
ON THE NORTHWEST CORNER OF EL CAMINO REAL AND
HOSP WAY.
APPLICANT: SHELDON ENTERPRISES
CASE NO: CT 81-41/CP-187
7 WHEREAS, a verified application for certain property
8 to, wit:
9 Parcel A of Parcel Map 1681 filed June 29, 1973
10
Planning Commission; and 11
has been filed with the city of Carlsbad, and referred to the
12 WHEREAS, said verified application constitutes a
13 request as provided by Title 21 of the Carlsbad Municipal Code
14 11 and
15
desiring to be heard, said Commission considered all factors 20
1 considering all testimony and arguments, if any, of all person: 19
WHEREAS, at said public hearing, upon hearing and 18
prescribed by law to consider said request; and 17
of December, 1981, hold a duly noticed public hearing as 16
WHEREAS, the Planning Commission did, on the 23rd day
relating to the Tentative Tract Map and Condominium Permit. 21
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 81-41/CP-187, base
26 on the following findings and subject to the following
conditions:
27
28 ////
////
0 e
1
2
3
4
5
6
7
a
9
10:
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Findings: (Planning)
1) The project is consistent with the city's General Plan sir
the proposed density of 16.5 du's/acre is within the densi range of 10-20 du's/acre specified for the site as indicat on the Land Use Element of the General Plan and can be justified because of location, compatibility with
surrounding developments and recreational amenities. Also
the project is consistent with the Housing Element of the General Plan since the applicant is required to provide adequate notification and relocation assistance to the existing tenants of the project.
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
icies and ordinances since:
a) The Planning Commission has, by inclusion of an approp ate condition to this project, insured that the final will not be approved unless the City Council finds tha sewer service is available to serve the project. In a ition, the Planning Commission has added a condition that a note shall be placed on the final map that buil, ing permits may not be issued for the project unless tl City Engineer determines that sewer service is availab: and building cannot occur within the project unless se1
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 project.
b) Park-in-lieu fees are required as a condition of ap- proval .
c) All necessary public improvements have been provided 01
will be required as conditions of approval.
d) 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 G<
era1 Plan.
4) The proposed project is compatible with the surrounding fL ture land uses since surrounding properties are designatec for residential development on the General Plan.
5) This project as conditioned will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on November 12, 1981 and approved by the Planning Commission on December 23, 1981.
ll PC RES0 # 1900 -2-
0 a
1
2
3
6) This is a condominium project consisting of an airspace sl
division of existing buildings and no new buildings are pl
posed. Therefore, the provisions of Section 20.16.015 of
Carlsbad Municipal Code and Section 66473.1 of the Subdivj sion Map Act regarding design for passive or natural heatj and cooling opportunities do not apply. * j/ Conditions
!5 11 General Conditions:
6
7
8
9
1) Approval is granted for CT 81-41/CP-187, as shown on
Exhibit "A", Dated November 24, 1981 and Exhibits "€3" - "E dated November 13, 1981, incorporated by reference and on
file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these cor t ions.
10:
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,I
2) 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 p ment of said fee a copy of that agreement dated October 9,
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.
3) The applicant shall pay park-in-lieu fees to the city, pril to the approval of the final map as required by Chapter 20 of the Carlsbad Municipal Code.
4) The applicant shall give notice of the conversion to all t ants as required by the Subdivision Map Act and the Carlsb Municipal Code.
5) 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 final map approval.
Planning
6) The applicant shall prepare a reproducible mylar of the fil
site plan incorporating the conditions contained herein.
Said site plan shall be submitted to and approved by the
Planning Director prior to approval of the final map.
7) The applicant shall establish a homeowner's association anc corresponding covenants, conditions and restrictions. Saic
CC&R's shall be submitted to and approved by the Planning
Department prior to final map approval.
//I/
PC RES0 # 1900 -3-
I/ 0 0
1
2
8) The applicant shall prepare a detailed landscape and irrig tion plan which shall be submitted to and approved by the Planning Director prior to the approval of the final map.
3
4
5
6
7
8
9
10:
11
12
13
9) All parking lot trees shall be a minimum of 15 gallons in size,
10) A Master Plan of the existing on-site trees shall be pro- vided to the Planning Department as part of the final grai
ing plan to determine which trees shall be retained prior the issuance of a grading permit or approval of the final
map, whichever occurs first.
11) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
12) 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 il stallation of such signs.
13) 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.
14 14) All roof appurtenances, including air conditioners, shall
tor. 16
satisfaction of the Planning Department and Building Dire<
sound buffered from adjacent properties and streets to the 15
architecturally integrated and shielded from view and the
17
18
19
20
21
22
23
24
25
I
15) Approval of this tentative tract map shall expire eighteer months from the date of City Council approval unless a fir: map is recorded, An extension may be requested by the ap- plicant. Said extension shall be approved or denied at tk
discretion of the City Council. In approving an extensior
the City Council may impose new conditions and may revise existing conditions.
16) A detailed plan for all recreation areas shall be submitte
to and approved by the Planning Director. Approved
facilities shall be installed prior to approval of the
final map ,
17) A detailed landscape and irrigation plan for erosion
control of all slopes shall be submitted to and approved b
the Planning Director. All landscaping and irrigation shall be installed prior to approval of the final map.
26
//// 27
18) All improvements shown on approved exhibits shall be installed prior to approval of the final map.
28 ////
PC RES0 #I900 -4-
0 0
1
2
19) The applicant shall provide relocation assistance equal t
one month's rent to any existing tenants as required by Section 21.47.170 of the Zoning Ordinance.
3 /I Eng ineer ing
4 20)
5
6
7
8
9
3.0:
11
12
13
14
21 1
22 1
23)
The grading for this project is defined as "controlled gr
ing" by Section 11.06.170(a) of the Carlsbad Municipal Co Grading shall be performed under the observation of a civ engineer whose responsibility it shall be to coordinate s inspection and testing to insure compliance of the work w
the approved grading plan, submit required reports to the
City Engineer and verify compliance with Chapter 11.06 of
the Carlsbad Municipal Code.
The developer shall pay the current local drainage area fl prior to approval of the final map or shall construct dra age systems in conformance with the Master Drainage Plan (
City of Carlsbad Standards as required by the City Engi-
neer.
All private streets and drainage systems shall be maintai: by the homeowner's association in perpetuity, This respor sibility shall be clearly stated in the CC&R's.
No lot in this subdivision may be further subdivided. Thj note shall be placed on the final map.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
24) A drainage plan for this site shall be prepared by the developer and subject to the approval of the City Engineel
The plan shall indicate structures to be improved and
constructed prior to final map approval.
25) The existing fence along the top of slope above El Camino Real shall be replaced prior to final map approval. Plans for a replacement fence/wall shall be submitted to and approved by the Planning Director prior to final map
approval ,
26) All slope setbacks, as required per city standard GS-14
shall be met. (These setbacks shall be shown on the grading plan) .
27) The developer shall provide access stairs down the slope adjacent to El Camino Real. This access way shall be show
on the grading plan.
28) The curb opening along the westerly boundary shall be
removed, and curb, gutter and sidewalk shall be constructe along the westerly side of this access. This shall be shown on the grading plan and subject to the approval of the City Engineer.
29) The concrete rubble to the west of Building I1Fl1 shall be removed.
PC RES0 # 1900 -5-
e 0
1
2
3 31) The developer shall reconstruct the sidewalk at the corne
4 of El Camino Real and Hosp Way. All sidewalks shall be constructed as to provide adequate drainage away from the
, The parking lot shall be repaved and repaired to the satisfaction of the City Engineer prior to final map approval. Said work shall also include sealing and
striping.
5 units.
6 32)
I
8
9
10:
11
A soils report covering all existing slopes adjacent to t
project shall be prepared by a registered Civil Engineer
competent in the field of slope stability. This report shall be submitted to the City Engineer for approval. Th report shall specifically address the problem of superficial slope failures and contain recommendations fo
the maintenance and repair of these slopes. All plans an( specifications developed pursuant to the recommendation o
the soil report shall be submitted to the City Engineer f( review and approval. The repair of the existing slopes
shall be accomplished prior to final map approval.
12
final map approval. 13
33) All improvements required by the above conditions shall b, constructed and approved by the City Engineer prior to
14 Fire Department ll
15
16
17
18
19
20
21
22
23
24
34) Access to the upper level parking lot shall be designed tc provide access to fire fighting equipment.
35) The homeowner's association shall be responsible for the
maintenance of all private on-site fire protection
equipment and devices.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
1 Planning Commission of the city of Carlsbad, California, held c
the 23rd day of December, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioner Rombotis, Farrow,
NOES: Commissioners Schlehuber and Jose.
ABSENT: Commissioner Friestedt.
and L'Heureux.
ABSTAIN : None . LL Chairman
NING COMMISSIO
-6-