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Home My WebLink About1982-02-24; Planning Commission; Resolution 1922" s ll e 0 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 1922 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 10 UNIT TENTATI' TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERAL LOCATED ON THE NORTH SIDE OF WALNUT AVENUE BETWEEN LINCOLN STREET AND WASHINGTON STREET. APPLICANT: MELLANO CASE NO: CT 81-49/CP-200 WHEREAS, a verified application for certain property 7 8 wit: 9 Parcel 2 of Parcel Map 425 filed in the Office of thl County Recorder of San Diego County, January 14, 197 has been filed with the city of Carlsbad, and referred to the lo Planning Commission; and 11 12 13 WHEREAS, the Planning Commission did, on the 24th da: 14 February, 1982, held a duly noticed public hearing as prescril 15 law to consider said request; and 16 17 considering all testimony and arguments, if any, of all persol 18 19 relating to the Tentative Tract Map and Condominium Permit. 20 WHEREAS, said verified application constitutes a reql as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, at said public hearing, upon hearing and desiring to be heard, said Commission considered all factors NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninc 21 li Commission as follows: 22 B) That based on the evidence presented at the public hearinc 23 A) That the above recitations are true and correct. following findings and subject to the following condition: 24 Commission hereby APPROVES CT 81-49/CP-200, based on the 25 IIFindings: 26 1) The project is consistent with the city's General Plan s 27 the proposed density of 17.5 du's/acre is slightly below density range of 20-30 du's/acre specified for the site q 28 indicated on the Land Use Element of the General Plan. ' slightly lower density can be justified for the reasons : in the staff report. ,I 1 ,- ll 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2) The site is physically suitable for the type and density development since the site is adequate in size and shape accommodate residential development at the density propo! 3) The project is consistent with all city public facility 1 icies and ordinances since: a) The Planning Commission has, by inclusion of an apprc condition to this project, insured that the final ma] not be approved unless the City Council finds that sc service is available to serve the project. In addit: the Planning Commission has added a condition that i shall be placed on the final map that building permii not be issued for the project unless the City Enginec determines that sewer service is available, and builc cannot occur within the project unless sewer service remains available, the Planning Commission is satisf. that the requirements of the public facilities elemel the General Plan have been met insofar as they apply sewer service for this tentative map and condominium permit approval. b) School facilities will be available to this project i indicated by the Carlsbad Unified School District pel letter dated December 10, 1981. 11 c) Park-in-lieu fees are required as a condition of appl // d) All necessary public improvements have been provided will be required as conditions of approval. e) The applicant has agreed and is required by the incll of an appropriate condition to pay a public facilitif Performance of that contract and payment of the fee 1 enable this body to find that public facilities will available concurrent with need as required by the Gel Plan. 4) The proposed project is compatible with the surrounding existing and future land uses in the area since all of tl surrounding properties have been designated for high den! residential development. 5) This project will not cause any significant environmenta: impacts and a Negative Declaration was issued by the Plai Director on February 2, 1982 and approved by the Plannin! Commission on February 24, 1982. I Cond it ions : General Conditions: 1) Approval is granted for CT 81-49/CP-2OO1 as shown on Exh: on file in the Planning Department. Development shall ( substantially as shown unless otherwise noted in these c( tions. 11 A11 - "D", dated January 7, 1982, incorporated by referel PC RES0 NO. 1922 -2- ,. 0 0 1 2 3 4 5 6 7 8 9 10 11 ~ 2) This project is approved upon the express condition that final map shall not be approved unless the City Council : as of the time of such approval that sewer service is av< to serve the subdivision, 3) This project is approved upon the express condition that building permits will not be issued for development of ti subject property unless the City Engineer determines tha facilities are available at the time of application for sewer permits and will continue to be available until til occupancy. This note shall be placed on the final map. 4) This project is approved upon the express condition that applicant shall pay a public facilities fee as required 1 Council Policy No. 17, dated August 29, 1979, on file w City Clerk and incorporated herein by reference, and accc to the agreement executed by the applicant for payment o fee a copy of that agreement dated October 21, 1981, is I with the City Clerk and incorporated herein by reference said fee is not paid as promised, this application will 1 consistent with the General Plan and approval for this p: shall be void. l2 13 5) The applicant shall pay park-in-lieu fees to the city, p: the approval of the final map as required by Chapter 20.' the Carlsbad Municipal Code. 14 15 16 17 18 19 I 6) Approval of this request shall not excuse compliance wit1 sections of the Zoning Ordinance and all other applicablc ordinances in effect at time of building permit issuance P1 anning 7) The applicant shall prepare a reproducible mylar of the site plan incorporating the conditions contained herein. site plan shall be submitted to and approved by the Plan] Director prior to the issuance of building permits. z0 8) The applicant shall establish a homeowner's association i 21 corresponding covenants, conditions and restrictions. St CCbR's shall be submitted to and approved by the Plannin! 22 Department prior to final map approval. 23 9) The applicant shall prepare a detailed landscape and irr: plan which shall be submitted to and approved by the Pla~ IO) All landscaped areas shall be maintained in a healthy an( 24 Director prior to the issuance of building permits. 25 thriving condition, free from weeds, trash, and debris. 26 27 28 I1 11) Any signs proposed for this development shall be designec conformance with the city's Sign Ordinance and shall reql review and approval of the Planning Department prior to : stallation of such signs. //// PC RESO NO. 1922 -3- .' I1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 12) 13) 14) 15) 16) Trash receptacle areas shall be enclosed by a 6 foot hig! masonry wall with gates pursuant to city standards. Lot( of said receptacles shall be approved by the Planning Director. All roof appurtenances, including air conditioners, shal. architecturally integrated and shielded from view and thl buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Dirl The edges of the curb cuts must be at least three feet f property lines. The guest parking space located in the panhandle area sh surrounded by a wall to separate it from the existing, adjoining parking area. This wall shall be constructed satisfaction of the Planning Director prior to occupancy units . Approval of this tentative tract map shall expire eightec months from the date of City Council approval unless a f: map is recorded. An extension may be requested by the a] plicant. Said extension shall be approved or denied at 1 discretion of the City Council. In approving an extensic City Council may impose new conditions and may revise ex: conditions. Eng ineer ing l5 14-- cornmencement Of any Clearing or grading of the site. 16 17) The developer shall obtain a grading permit prior to the 17 18) 3.8 19 20 21 22 23 19) The grading for this project is defined as "regular grad Section 11.06.1 70( a) of the Carlsbad Municipal Code. Thc developer shall submit a grading plan for approval which include all required drainage structures and any requirec erosion control measures. The developer shall also subm soils, geologic or compaction reports if required and sht comply with all provisions of Chapter 11.06 of the Carlsl: Municipal Code. Additional drainage easements and drainage structures shz provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Er neer . 24 20) The design of all private streets and drainage systems SI 25 approved by the City Engineer prior to approval of the fj map. The structural section of all private streets shall 26 conform to City of Carlsbad Standards based on R-value tc All private streets and drainage systems shall be inspect 27 the city and the standard improvement plan check and ins1 fees shall be paid prior to approval of the final map. //// 28 PC RES0 NO. 1922 -4- I .. b.' I1 e 0 1 2 21) All private streets and drainage systems shall be mainta the homeowner's association in perpetuity. This respons shall be clearly stated in the CCGR's. 3 4 5 22) The proposed method of drainage for the lot is not appro The lot shall be graded so that it will drain to the real a catch basin. The runoff collected in this catch basin be carried by a pipe under the panhandle portion of the 1 to Washington Street, or as otherwise approved by the Cia Engineer . 6 IlFire 7 8 23) All required fire hydrants, water mains and appurtenance: be operational prior to combustible building materials bc 24) Fire retardant roofs are required on all structures. 9 located on the project site. 10 11 12 13 25) Building exceeding 10,000 sq.ft. aggregate floor area shz sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft, less) areas . 26) An additional public fire hydrant is required to be inst; at the westerly property line. 14 11 PASSED, APPROVED AND ADOPTED at a regular meeting of 15//~lanning Commission of the city of Carlsbad, California, held 16 17 18 19 24th day of February, 1982, by the following vote, to wit: AYES : Chairman Farrow, Commissioners Marcus, Rombo NOES : None . ABSENT : None. ABSTAIN : None. Schlehuber, Jose, Friestedt and L'Heureux. 2o I 21 22 23 i hi c;;. q&a~~~~~~~L~~~~ /\ VERNON\ J. FARROW, JR:\ Chairma CARLSBAD P-LA~~NING COMMIXXION 24 iPTEST: 25 2 6 ~/+%sBAD PLANN~ d "G COMMISSION 27 .,c&&W&g-& -4 (6 g ", ,.# /"5&d#<&A ES C. HAGANAN /"Secretary 7, 28 PC RES0 NO. 1922 -5-