HomeMy WebLinkAbout1981-12-23; Planning Commission; Resolution 1901r
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PLANNING COMMISSION RESOLUTION NO. 1901
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE
SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP
15 UNITS ON PROPERTY GENERALLY LOCATED ON THE EAST
SIDE OF GARFIELD STREET BETWEEN CHINQUAPIN AVENUE
AND DATE AVENUE.
APPLICANT: ROWE/DAVIES
CASE NO: CT 81-43/CP-189
WHEREAS, a verified application for certain property
wit:
Lots 5, 6, 7, 61 8 in Block "K" of Palisades according
to Map 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 as provided by Title 21 of the Carlsbad Municipal Code
and
WHEREAS, the Planning Commission did, on the 23rd day
of December, 1981, hold a duly noticed public hearing as
prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission hereby APPROVES CT 81-43/CP-189, based on
the following findings and subject to the following
conditions:
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Findings:
Planning
1) The project is consistent with the city's General Plan sin
the proposed density of 26.3 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 justified because of its location, its design and its recreational amenities.
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 ac ition, the Planning Commission has added a condition
that a note shall be placed on the final map that builc 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 sei 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) A school agreement between the developer and Carlsbad Unified School District will ensure adequacy of school facilities.
I c) Park-in-lieu fees are required as a condition of ap-
proval ,
d) All necessary public improvements have been provided 01
will be required as conditions of approval.
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e) The applicant has agreed and is required by the inclusi
of an appropriate condition to pay a public facilities
fee. Performance of that contract and payment of the f
will enable this body to find that public facilities wi
be available concurrent with need as required by the GE era1 Plan.
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f) Assurances have been given that adequate sewer for the
28 4) The proposed project is compatible with the surrounding fu ture land uses since surrounding properties are designated for residential development on the General Plan.
project will be provided by the city of Carlsbad.
PC RES0 #I901 -2-
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5) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on December 8, 1981 and approved by the Planning Commission on December 23, 1981.
Conditions:
General Conditions
1) Approval is granted for CT 81-43/CP-189, as shown on Exhibit( s) rrArr - "Fe, dated November 23, 1981, incorporate
by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
2) 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.
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 j
such sewer permits and will continue to be available until
time of occupancy. This note shall be placed on the final
map.
4) 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 filt
with the City Clerk and incorporated herein by reference, E
according to the agreement executed by the applicant for pz ment of said fee a copy of that agreement dated October 7, 1981, is on file with the City Clerk and incorporated herei by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan ar approval for this project shall be void.
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.
of the Carlsbad Municipal Code.
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Planning:
Planning Director prior to the issuance of building permits 28
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city ordinances in effect at time of building permit issu- 25
6) Approval of this request shall not excuse compliance with a sections of the Zoning Ordinance and all other applicable
ance.
7) The applicant shall prepare a reproducible mylar of the fin site plan incorporating the conditions contained herein.
Said site plan shall be submitted to and approved by the
PC RES0 #1901 -3-
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8) The applicant shall establish a homeowner's association a. corresponding covenants, conditions and restrictions. Sa
CC&R's shall be submitted to and approved by the Planning Department prior to final map approval.
9) The applicant shall prepare a detailed landscape and irric: tion plan which shall be submitted to and approved by the
Planning Director prior to the issuance of building
permits.
10) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
11) Any signs proposed for this development shall be designed conformance with the city's Sign Ordinance and shall requj review and approval of the Planning Department prior to ir 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.
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 satisfaction of the Planning Department and Building Direc tor.
14) 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 th discretion of the City Council. In approving an extension
the City Council may impose new conditions and may revise
existing conditions. // Eng ineer ing :
20 15) The developer shall obtain a grading permit prior to the
21 commencement of any clearing or grading of the site.
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16) The grading for this project is defined as "regular gradinl by Section 11.06.170(a) of the Carlsbad Municipal Code. T 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.
17) All slopes within this subdivision shall not exceed 2:l.
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PC RES0 # 1901 -4-
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18) Additional drainage easements and drainage structures sha
be provided or installed as may be required by the City
Engineer.
19) The developer shall obtain all necessary drainage easemen.
to mitigate local drainage problems. These easements sha:
be obtained prior to final map approval.
20) All land and/or easements required by this project shall I
granted to the city, without cost to the city, free and clear of all liens and encumberances.
21) Garfield Street shall be dedicated on the final map along
the subdivision frontage based on a right-of-way half wid'
of 30 feet.
22) Garfield Street shall be improved by the developer along t subdivision frontage based on a centerline to curb face
width of 20 feet and in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
23) The developer shall install street lights along all public and private street frontages in conformance with City of
Carlsbad Standards.
24) The developer shall install street trees at the equivalent
of 40-foot intervals along all public street frontages in
conformance with City of Carlsbad Standards. The trees shall be of a variety selected from the approved Street Tr
List.
25) The developer shall install sidewalks along all public
street frontages in conformance with City of Carlsbad Stan dards prior to occupancy of any buildings.
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126) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
All concrete terrace drains shall be maintained by the hom owner's association in perpetuity. An appropriately worde
placed in the CC&R's.
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statement clearly identifying the responsibility shall be 22
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Fire
28) Proposed security gate systems shall be provided with "Kno
key operated override switch, as specified by the Fire De-
partment.
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PC RES0 #1901 -5-
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tems, automatic sprinklers, and other systems pertinent tc
30) All fire alarm systems, fire hydrants, extinguishing sys- 2
29) Fire retardant roofs are required on all structures.
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approval prior to construction, the project shall be submitted to the Fire Department for
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31) Building exceeding 10,000 sq.ft. aggregate floor area sha.
therein which shall split the building into 10,000 sq.ft.
be sprinklered or have four-hour fire walls with no openi:
6 (or less) areas.
7 32) The parking garage shall be fully sprinklered.
8 33) A local fire alarm system is required,
9 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Planning Commission of the city of Carlsbad, California, held (
AYES: 12
the 23rd day of December, 1981, by the following vote, to wit:
Chairman Marcus, Commissioners Rombotis, Farrow,
Schlehuber, Jose, and L'Heureux.
13 NOES: None.
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15 ABSTAIN : None-
ABSENT: Commissioner Friestedt,
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19 ATTEST :
&L
MARY MA,@ilS, Chairman
CARLSB D PLANNING COMMISSION $/
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PC RES0 #I901 -6-