HomeMy WebLinkAbout1982-03-24; Planning Commission; Resolution 19300 0
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PLANNING COMMISSION RESOLUTION NO. 1930
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT
TO DEVELOP 14 UNITS ON PROPERTY GENERALLY LOCATED
ON THE SOUTHWEST CORNER OF HARRISON STREET AND
CHINQUAPIN AVENUE.
APPLICANT: CHINQUAPIN INVESTMENTS
CASE NO: CT 82-2/CP-202
WHEREAS, a verified application for certain property, to I
A portion of tract 238 of Thumlands according to Map 1681, filed in the County of San Diego
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request t
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 24th day of
March, 1982, hold a duly noticed public hearing as prescribed
law, to consider said request; and
WHEREAS, at said public hearing, upon hearing and conside,
all testimony and arguments, if any, of all persons desiring
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.
(R) That based on the evidence presented at the public hearin
Commission APPROVES CT 82-2/CP-202 based on the following
findings and subject to the following conditions:
Findinss d
1) The project is consistent with the city's General Plan s
the proposed density of 19.6 du's/acre is within the den
range of 10-20 du's/acre specified for the site as indic on the Land Use Element of the General Plan. The propos
density is justified, as discussed in the staff report.
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2) The project satisfies the concerns for which the "Q" Ove~
Zone was placed on the property, as discussed in the staj report .
3) The site is physically suitable for the type and density
the development since the site is adequate in size and SI
to accommodate residential development at the density pic 4 I/ posed.
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4) The project is consistent with all city public facility 1
icies and ordinances since:
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a) The Planning Commission has, by inclusion of an
appropriate condition to this project, insured that i final map will not be approved unless the City Counc:
finds that sewer service is available to serve the project. In addition, the Planning Commission has i a condition that a note shall be placed on the final
that building permits may not be issued for the projc
unless the City Engineer determines that sewer servic
available, and building cannot occur within the projc
unless sewer service remains available, the Planning
Commission is satisfied that the requirements of the public facilities element of the General Plan have bt
met insofar as they apply to sewer service for this
project .
b) An existing school agreement between the developer ar
Carlsbad Unified School District will ensure adequac: elementary school facilities per letter dated May 18
1981 .
c) Park-in-lieu fees are required as a condition of ap-
proval .
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 facilitit fee. Performance of that contract and payment of tht will enable this body to find that public facilities
be available concurrent with need as required by the General Plan.
f) Assurances have been given that adequate sewer for tk
project will be provided by the city of Carlsbad.
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land uses since surrounding properties are designated fo~
6) This project as conditioned will not cause any significar 27
residential development on the General Plan.
approved by the Planning Commission on March 24, 1982. issued by the Planning Director on February 26, 1982 and 28
environmental impacts and a Negative Declaration has beer
PC RES0 NO. 1930 -2-
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1 General Conditions:
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1) Approval is granted for CT 82-2/CP-202, as shown on Exhil:
A, B, C & D, dated March 24, 1982, incorporated by referc and on file in the Planning Department. Development shz occur substantially as shown unless otherwise noted in tl conditions.
2) This project is approved upon the express condition that final map shall not be approved unless the City Council j as of the time of such approval that sewer service is
available to serve the subdivision.
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This project is approved upon the express condition that
building permits will not be issued for development of tl subject property unless the City Engineer determines thai sewer facilities are available at the time of applicatiol such sewer permits and will continue to be available unt: time of occupancy. This note shall be placed on the fin;
map .
This project is approved upon the express condition that applicant shall pay a public facilities fee as required 1 City Council Policy No. 17, dated August 29, 1979, on f with the City Clerk and incorporated herein by reference according to the agreement executed by the applicant for
payment of said fee a copy of that agreement dated Decem1 17, 1981, is on file with the City Clerk and incorporate(
herein by reference. If said fee is not paid as promisec
this application will not be consistent with the General and approval for this project shall be void.
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5) The applicant shall pay park-in-lieu fees to the city, p
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sections of the Zoning Ordinance and all other applicabll 6) Approval of this request shall not excuse compliance wit1 19
ordinances in effect at time of building permit issuance
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22 7) The applicant shall prepare a reproducible mylar of the site plan incorporating the conditions contained herein.
23 site plan shall be submitted to and approved by the Plan: Director prior to the issuance of building permits.
24 8) The applicant shall establish a homeowner's association
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26 Department prior to final map approval.
to the approval of the final map as required by Chapter of the Carlsbad Municipal Code.
corresponding covenants, conditions and restrictions. S
CC&R's shall be submitted to and approved by the Planninl
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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 perm
All parking lot trees shall be a minimum of 15 gallons i
size.
All landscaped areas shall be maintained in a healthy an
thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designel
conformance with the city's Sign Ordinance and shall req
review and approval of the Planning Department prior to
stallation of such signs.
Trash receptacle areas shall be enclosed by a 6 foot hig
masonry wall with gates pursuant to city standards. LOC
of said receptacles shall be approved by the Planning
Director.
All roof appurtenances, including air conditioners, shal architecturally integrated and shielded from view and th sound buffered from adjacent properties and streets to t
satisfaction of the Planning Department and Building Dir tor.
Approval of this tentative tract map shall expire eighte,
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 i
discretion of the City Council. In approving an extensic
the City Council may impose new conditions and may revisl
existing conditions.
The applicant shall provide double-paned windows and structural insulation for the units to achieve an interic
noise level at or below 45 DBA, subject to the approval t
the Building Director.
The applicant shall provide a noise attenuation wall alol
the westernmost property line. The design and materials
this wall shall be approved by the Planning Director pric
issuance of a building permit.
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18) The applicant, by deed restriction or other appropriate
method, shall ensure that 3 units shall not be sold in el
of $80,000. This restriction shall:
a) Apply from the date of issuance of the last occupant: permit of said 3 units for one year;
b) Ensure that such units are owner occupied;
c) Ensure that said permits are sold only to first time homeowners.
PC RES0 NO. 1930 -4-
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Said restriction shall be approved by the City Attorney Planning Director prior to final map approval.
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19) The developer shall obtain a grading permit prior to the * Grading: 3
Engineering Conditions:
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commencement of any clearing or grading of the site.
20) The grading for this project is defined as "regular grad
by Section 11.06.170(a) of the Carlsbad Municipal Code. developer shall submit a grading plan for approval which include all required drainage structures and any require1 erosion control measures. The developer shall also subm soils, geologic or compaction reports if required and sh comply with all provisions of Chapter 11.06 of the Carls Municipal Code.
lo 21) All land and/or easements required by this project shall
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I.2 Public Improvements
l3 22) The developer shall install street lights along all pub1
14 private street frontages in conformance with City of Car. Standards.
l5 23) The developer shall install street trees at the equivalel
16 40-fOOt intervals along all public street frontages in
conformance with City of Carlsbad Standards. The trees :
17 be of a variety selected from the approved Street Tree L:
18 24) Harrison Street shall be dedicated on the final map alon!
subdivision frontage based on a right-of-way half width t
19 feet including a 20 foot radius return at the intersectic with Chinquapin Avenue.
2o 25) Harrison Street shall be improved along the subdivision
21 frontage based on a centerline to curb face width of 20 and in conformance with city of Carlsbad standards prior
22 the occupancy of any buildings on the site.
23 26) Chinquapin Avenue shall be improved along the subdivisior frontage based on a centerline to curb face width of 22 1
24 and in conformance with city of Carlsbad standards prior
the occupancy of any buildings on the site.
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26 27) Additional public and/or on-site fire hydrants are requil
27 The hydrant shall be located at the southerly driveway or
Chinquapin Avenue.
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granted to the city, without cost to the city, free and of all liens and encumberances.
Fire Department:
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28) All required fire hydrants, water mains and appurtenance
shall be operational prior to combustible building mater
being located on the project site.
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29) Fire retardant roofs are required on all structures.
30) All fire alarm systems, fire hydrants, extinguishing sys
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for ap prior to construction.
PASSED, APPROVED AND ADOPTED at a regular meeting of
7ilPlanning Commission of the city of Carlsbad, California, held
*lithe 24th day of March, 1982, by the following vote, to wit:
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AYES : Chairman Farrow,. Commissioners Rombotis, Schlehuber, Jose and L'Heureux.
NOES : None.
ABSENT: Commissioners Marcus and Friestedt.
ABSTAIN: None*
i .1 \, \\4W*&.i-ii;. 9 VE(N0x ' A". FARROW, JR., 'Chairm
CARLSBAD -9-haNNING COMWZSSION
16 J~ATTEST:
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18 >-flf/flKs?L -2 r " //,22+/&,/ ES C . HAGAWAW,,., 'cretary :dARLSBAD pLw~N~N,~o~~Iss~o~
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]rC RES0 NO. 1930 -6-