HomeMy WebLinkAbout1982-04-14; Planning Commission; Resolution 1917# <
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PLANNING COMMISSION RESOLUTION NO, 1917
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE SUBDIVISION MAP TO CREATE
50 SINGLE FAMILY LOTS AND 1 CONDOMINIUM LOT AND
A CONDOMINIUM PERMIT FOR 33 UNITS ON PROPERTY
GENERALLY LOCATED ON THE NORTHWEST CORNER OF EL
CAMINO REAL AND CHESTNUT AVENUE.
APPLICANT: SHEFFLER
CASE NO: CT 81-19/CP-199
7 // WHEREAS, a verified application for certain property
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A portion of Lot "J" of the Rancho Agua Hedionda accc
to partion map thereof No, 823 filed November 16, 1896
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has been filed with the city of Carlsbad, and referred to the
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15 WHEREAS, the Planning Commission did, on the 27th da
16 January, 1982, the 24th day of February, 1982, and on the 24t
17 of March, 1982, hold a duly noticed public hearing as prescri
18 law to consider said request; and
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20 considering all testimony and arguments, if any, of all perso
21 desiring to be heard, said Commission considered all factors
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relating to the Tentative Tract Map and Condominium Permit.
Commission as follows: 24
1 following findings and subject to the following condition 27
B) That based on the evidence presented at the public hearin 26
A) That the above recitations are true and correct. 25
WHEREAS, said verified application constitutes a req
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, at said public hearing, upon hearing and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin
Commission recommends APPROVAL of CT 81-19/CP-199, based
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1 // Findings :
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1) The project is consistent with the city's General Plan si1 proposed density of 2.6 du/ac, for the single family port:
the project is within the density range of 0-4 du's/acre specified for the site and the proposed density of 7.9 du, is within the density range of 4-10 du/ac specified for tl as indicated on the Land Use Element of the General Plan.
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2) The site is physically suitable for the type and density (
development since the site is adequate in size and shape i
accommodate residential development at the density proposc
3) The project is consistent with all city public facility pc and ordinances since:
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a) The Planning Commission has, by inclusion of an appro] condition to this project, insured that the final map
not be approved unless the City Council finds that se1
service is available to serve the project. In additic Planning Commission has added a condition that a not1
be placed on the final map that building permits may 1
issued for the project unless the City Engineer deter] that sewer service is available, and building cannot c within the project unless sewer service remains avail( the Planning Commission is satisfied that the require] of the public facilities element of the General Plan 1
been met insofar as they apply to sewer service for tl
project .
b) An existing school agreement between the developer anc
Carlsbad Unified School District will ensure adequacy school facilities per letter dated December 10, 1981.
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c) Park-in-lieu fees are required as a condition of apprc
d) All necessary public improvements have been provided c be required as conditions of approval.
e) The applicant has agreed and is required by the inclu! an appropriate condition to pay a public facilities fc Performance of that contract and payment of the fee w enable this body to find that public facilities will 1 available concurrent with need as required by the Gent
Plan.
f) Assurances have been given that adequate sewer for thl project will be provided by the city of Carlsbad.
g) Adequate water service for the project will be providl the city of Carlsbad.
4) The proposed project is compatible with the surrounding
residential development on the General Plan.
PC RES0 NO. 1917 -2-
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3 General Conditions:
5) This project as conditioned will not cause any significal
environmental impacts and a Conditional Negative Declarai has been issued by the Planning Director on March 3, 198:
and approved by the Planning Commission on March 24, 198:
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Approval is granted for CT 81-19/CP-199, as shown on Exhil
A and B, dated March 24, 1982, and C and D, dated January 1982, incorporated by reference and on file in the Plannil Department. Development shall occur substantially as shol unless otherwise noted in these conditions.
This project is approved upon the express condition that ' final map shall not be approved unless the City Council f
of the time of such approval that sewer service is availa: serve the subdivision.
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3) This project is approved upon the express condition that
building permits will not be issued for development of thf
subject property unless the City Engineer determines that facilities are available at the time of application for SI sewer permits and will continue to be available until timc
occupancy. This note shall be placed on the final map.
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4) This project is approved upon the express condition that 1 applicant shall pay a public facilities fee as required b; Council Policy No. 17, dated August 29, 1979, on file wii City Clerk and incorporated herein by reference, and ~CCOI
to the agreement executed by the applicant for payment of
fee a copy of that agreement dated February 17, 1982, is ( with the City Clerk and incorporated herein by reference. said fee is not paid as promised, this application will nc consistent with the General Plan and approval for this prc
shall be void.
19 15) The applicant shall pay park-in-lieu fees to the city, pr.
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the approval of the final map as required by Chapter 20.4.:
6) Approval of this request shall not excuse compliance with 21
the Carlsbad Municipal Code.
sections of the Zoning Ordinance and all other applicable
22 ordinances in effect at time of building permit issuance.
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7) The applicant shall prepare a reproducible mylar of the fj 24
Planning :
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8) The applicant shall establish two homeowner's association: 26
Director prior to the issuance of building permits. site plan shall be submitted to and approved by the Plann: 25
site plan incorporating the conditions contained herein.
corresponding covenants, conditions and restrictions, one
the condominium and one for the single family development,
28 CC&R's shall be submitted to and approved by the Planning
Department prior to final map approval.
IFC RES0 NO. 1917 -3-
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1 9) The applicant shall prepare a detailed landscape and irric
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plan which shall be submitted to and approved by the Plan]
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Director prior to the issuance of building permits.
11) Any signs proposed for this development shall be designel 4
70) All landscaped areas shall be maintained in a healthy anl
masonry wall with gates pursuant to city standards. Loc 12) Trash receptacle areas shall be enclosed by a 6 foot hig 7
stallation of such signs. 6
review and approval of the Planning Department prior to conformance with the city's Sign Ordinance and shall req 5
Director.
of said receptacles shall be approved by the Planning 8
thriving condition, free from weeds, trash, and debris.
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All roof appurtenances, including air conditioners, shal:
architecturally integrated and shielded from view and tht buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Dirc
The applicant shall submit a street name list consistent the city's street name policy subject to the Planning Director's approval prior to final map approval.
The project shall provide bus stop facilities at locatio1 subject to the satisfaction of the North County Transit I
trict. Said facilities shall at a minimum include a benc free from advertising and a pole for the bus stop sign.
bench and pole shall be designed in a manner so as to no. detract from the basic architectural theme of the projec. said design shall be subject to the approval of the Plan] Director and North County Transit District.
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16) Approval of Tentative Tract and Condominium Permit No. C' 19/CP-199 is granted subject to approval of Zone Change :
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17) Approval of this tentative tract map shall expire eightec months from the date of City Council approval unless a fj map is recorded. An extension may be requested by the ax
plicant. Said extension shall be approved or denied at t discretion of the City Council. In approving an extensic City Council may impose new conditions and may revise exj conditions.
18) No grading, development or tree removal shall occur on 1c containing a tree preservation area as shown on Exhibit I except to provide access to the buildable portion of indj
lots. The Exhibit shall be modified to indicate that thc preservation plan shall apply to all trees with a diametc
3'' or greater.
//// PC RES0 NO. 1917 -4-
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Minor exceptions, to these restrictions, including those relating to fire safety which do not subvert the intentic
i this condition, may be approved by the Planning Director, note stating the tree preservation restriction shall be 1
on the final map.
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19) The applicant shall place a deed restriction on Lots 41 2 to prohibit development within 30' of the property line
abutting Chestnut Avenue.
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20) The developer shall design and construct a noise attenual wall along El Camino Real prior to the issuance of any building permit. Design and materials for the wall shal: approved by the Planning Director and the noise level shi attenuated to comply with the HUD Noise Suitability Critt
contained in the negative declaration for this project.
Landscape treatment shall be provided to screen the wall,
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21) The developer shall place a deed restriction on lots 5, I and 8 to prohibit development on or future alteration of slope area adjacent to El Camino Real. An exhibit indici those areas where this deed restriction shall apply shal:
submitted to and approved by the Planning Director prior
final map approval.
13 22) The developer shall landscape and maintain all slope are<
14 a period of one year beyond the termination of grading 01
until 50% of the lots are sold, whichever occurs later.
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23) The developer shall incorporate a condition in the CC&R':
the single-family homeowners association to maintain all
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slopes along El Camino Real and Chestnut Avenue for that portion of the project. An exhibit indicating those arei
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be maintained by the homeowners association shall be sub1
to and approved by the Planning Director, prior to final
approval.
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24) The developer shall landscape the area immediately arounc Ellery Reservoir for screening. A landscape plan shall 1 approved by the Planning Director and improvements complt
prior to the sale of any lot or issuance of any building
permits for the lots adjacent to the reservoir. The
landscaping shall be maintained by the developer until tl lots are sold.
25) The condominium portion of the project shall be develope(
conjunction with or subsequent to the development of the single family portion of the development.
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I 126) No grading shall occur outside the limits of the subdivi:
unless a letter of permission is obtained from the owner: the affected properties. ~
27) The developer shall pay the current local drainage area j
prior to approval of the final map or shall construct dr;
systems in conformance with the Master Drainage Plan and
of Carlsbad Standards as required by the City Engineer.
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28) Land for all public streets and easements shown on the tt
29) All public streets shall be improved by the developer ba: 7
granted to city free and clear of all liens and encumber;
tative map shall be dedicated on the final map and shall
of any buildings. 9
conformance with City of Carlsbad Standards prior to oca
the typical sections shown on the tentative map and in 8
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30) All private streets and drainage systems located in the
condominium portion of the project shall be maintained b! condominium homeowner's association in perpetuity. This responsibility shall be clearly stated in the CC&R's.
31) Additional drainage easements and structures shall be prc or installed as may be required by the City Engineer.
32) The subdivider shall dedicate an additional 6 feet of ric
way for Chestnut Avenue along the subdivision frontage. half street improvements shall be installed on Chestnut 1 based on a curb to curb width of 48 feet. Plans for construction shall be approved by the city and bonds and
agreements submitted prior to the approval of the final I
As part of the improvements on Chestnut Avenue, the deve:
shall widen the pavement on the south side opposite "A" : from 4' to 9' for a total length of 350 feet to provide i
~ overall pavement width of 44 feet.
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'33) Direct access rights for all lots abutting Chestnut Avenl
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map . El Camino Real shall be waived and relinquished on the f:
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34) The subdivider shall install full half street improvemeni
El Camino Real including one half of the raised median il
accordance with city standards and to the approval of thc
23 Engineer. The median landscaping and irrigation shall bt constructed in accordance with city standards and shall 1
24 subject to the approval of the Parks and Recreation Direc
25 35) The proposed water mains in streets 'B' and IC' shall be
looped to other city water mains to the satisfaction of .
26 City Water Department. All the necessary easements to
accomplish these loopings shall be dedicated on the fina:
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36) The developer shall reconstruct the northwest corner of 1
Camino Real and Chestnut Avenue intersection in accordanc
with a design as approved by the City Engineer. Plans fc
this reconstruction and a secured agreement shall be subr to the city and approved by the City Engineer prior to tl approval of the final map,
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37) The developer shall provide an overflow drainline from E: Reservoir into the storm drain at the end of Janis Way tc
38) The proposed domestic water mains in streets 'A' and IC' 6
satisfaction of the City Engineer.
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7 shown on the tentative map are specifically not approved, developer shall redesign these mains in accordance with 1 requirements of the City of Carlsbad Water Department an(
City Engineer.
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The developer shall conduct the site grading in such a m(
so as to salvage as much of the existing 18 inch trunk 1:
which presently serve Ellery Reservoir. The salvaged pi] shall be neatly stockpiled to one side of the site for
removal by city forces.
The developer shall provide a 15 foot wide waterline east
from Ellery Reservoir to El Camino Real on an alignment (
approved by the City Engineer for a proposed waterline tc built by the city in the future. This easement shall be
dedicated on the final map.
15i141) A temporary cul-de-sac per Engineering Standards shall b~
I€i ll constructed at the end of Street C at the time of constrl of this street,
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l8 42) An all weather access road shall be maintained throughou.
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22 44) Adequate emergency vehicle turn-arounds shall be provide1
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24 45) All private streets shall be kept clear of parked vehicll all times, and shall have posted "NO Parking/Fire Lane Tc
25 Zone" pursuant to Section 17.04.040, Carlsbad Municipal 1
26 46) Fire retardant roofs are required on all structures,
27 47) All fire alarm systems, fire hydrants, extinguishing sys
automatic sprinklers, and other systems pertinent to the
28 project shall be submitted to the Fire Department for aP
prior to construction.
construction,
43) All required fire hydrants, water mains and appurtenance: be operational prior to combustible building materials br located on the project site.
cul-de-sac or a hammerhead when a driveway is more than feet deep from a property line at the street.
PC RES0 NO. 1917 -7-
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Parks and Recreation
48) Landscaping along El Camino Real and Chestnut shall comp
with the Parks and Recreation Department's streetscape tl
pol icy.
49) All graded building pads not under construction shall be
treated with a temporary seed mix cover approved by the :
and Recreation Department.
PASSED, APPROVED AND ADOPTED at a regular meeting of
Planning Commission of the city of Carlsbad, California, held
14th day of April, 1982, by the following vote, to wit:
AYES : Commissioners Rombotis, Schlehuber and L'He
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NOES : None.
ABSENT: Chairman Farrow and Commissioner Jose.
ABSTAIN: Commissioners Marcus and Friestedt.
CLARENCE H . SC-HLEHUBER, Vice-chairman
CARLSBAD PLANNING COMMISSION
l6 11 ATTEST:
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IJ PC RES0 NO. 1917 -8-