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Home My WebLink About1982-08-11; Planning Commission; Resolution 2000.i - // a 0 1 2 3 4 5 PLANNING COMMISSION RESOLUTION NO. 2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE SUBDl TO CREATE 38 SINGLE FAMILY LOTS ON PROPERTY GENEF LOCATED EAST OF PONTIAC DRIVE, NORTH AND SOUTH OE AVENUE AND WEST OF FUTURE ELM AVENUE. APPLICANT: MCMILLIN DEVELOPMENT, INC. CASE NO: CT 82-14 6 wit: 7 WHEREAS, a verified application for certain prope 8 9 A portion of lot J of Rancho Agua Hedionda, accor map thereof No. 823, filed in the office of the C Recorder November 16, 1896. 10 Planning Commission: and 11 has been filed with the city of Carlsbad, and referred to 12 'mEREAS, said verified application constitutes a 13 15 WHEREAS, the Planning Commission did, on the 11th 14 provided by Title 21 of the Carlsbad Municipal Code; and law to consider said request; and 16 August, 1982, hold a duly noticed public hearing as prescr 17 WHEREAS, at said public hearing, upon hearing and 18 desiring to be heard, said Commission considered all facto 19 considering all testimony and arguments, if any, of all pe relating to the Tentative Tract Map and Condominium Permit 20 I 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan 22 A) That the above recitations are true and correct. 23 Commission as follows: B) That based on the evidence presented at the public he: 24 the Commission hereby APPROVES CT 82-14, based on the 25 following findings and subject to the following condil 26 Findings: I( 27 1) The project is consistent with the city's General Plan indicated on the Land Use Element of the General Plan. density range of R"O-4 du's/acre as specified for tht 28 proposed density of 3.14 du's/acre is consistent with 1 )I ., - I1 e e 1 ) The site is physically suitable for the type and densi development since the site is adequate in size and sha: I 2 accommodate residential development at the density pro,( 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 /I 3) The project is consistent with all city public facilit! and ordinances since: a) The Planning Commission has, by inclusion of an ap] condition to this project, insured that the final I not be approved unless the City Council finds that service is available to serve the project. In add. Planning Commission has added a condition that a 1 be placed on the final map that building permits mz issued for the project unless the City Engineer det that sewer service is available, and building cannc within the project unless sewer service remains av; the Planning Commission is satisfied that the requ: of the public facilities element of the General Plz been met insofar as they apply to sewer service fo~ project. b) An existing school agreement between the developer Carlsbad Unified School District will ensure adequc school facilities. c) Park-in-lieu fees are required as a condition of a$ d) All necessary public improvements have been provide be required as conditions of approval. I e) The applicant has agreed and is required by the inc an appropriate condition to pay a public facilities Performance of that contract and payment of the fee enable this body to find that public facilities wil available concurrent with need as required by the G Plan. f) Assurances have been given that adequate sewer for project will be provided by the city of Carlsbad. 21 (4) The proposed project is compatible with the surroundin land uses since surrounding properties are designated 22 residential development on the General Plan. 23 5) This project as conditioned will not cause any signifi issued by the Planning Director on July 22, 1982 and a 24 environmental impacts and a Negative Declaration has b by the Planning Commission on August 11, 1982. 25 //// 26 //// I; 27 //// Ij 28 PC Reso No. 2000 -2- *- I/ e 0 !I 1 General Conditions 2 4 3 1) 5 6 2) Approval is granted for CT 82-14, as shown on Exhibit( and "X" I dated August 11 I 1982, incorporated by refere file in the Planning Department, Development shall o stantially as shown unless otherwise noted in these co This project is approved upon the express condition th' final map shall not be approved unless the City Counci of the time of such approval that sewer service is ava serve the subdivision. 7 8 9 10 3) This project is approved upon the express condition th, building permits will not be issued for development of subject property unless the City Engineer determines tl facilities are available at the time of application fo. sewer permits and will continue to be available until ' occupancy. This note shall be placed on the final map 4) 11 12 13 14 15 This project is approved upon the express condition thc applicant shall pay a public facilities fee as requirec Council Policy No. 17, dated April 2, 1982, on file w: City Clerk and incorporated herein by reference, and ac to the agreement executed by the applicant for payment fee a copy of that agreement dated June 1, 1982, is on the City Clerk and incorporated herein by reference. 1 fee is not paid as promised, this application will not consistent with the General Plan and approval for this shall be void. 16 5) The applicant shall pay park-in-lieu fees to the city, the approval of the final map as required by Chapter 2( 17 the Carlsbad Municipal Code, 18 6) Approval of this request shall not excuse compliance wi sections of the Zoning Ordinance and all other applicat 19 ordinances in effect at time of building permit issuanc 20 21 Planning restrictions. Said CC&R's shall be submitted to and as 7) The applicant shall establish covenants, conditions and 22 the Planning Department prior to final map approval. 23 8) A Master Plan of the existing on-site trees shall be pr determine which trees shall be retained prior to the is 24 to the Planning Department as part of the final gradins of a grading permit or a building permit, whichever occ 25 first. 26 //// 27 //// 28 PC Reso No. 2000 -3- . 0 0 1 2 3 4 10) All roof appurtenances, including air conditioners, E architecturally integrated and shielded from view anc buffered from adjacent properties and streets to the 5 satisfaction of the Planning Department and Building 6 7 8 9 10 11 12 13 14 9) Any signs proposed for this development shall be desi conformance with the city's Sign Ordinance and shall review and approval of the Planning Department prior stallation of such signs. 11) The applicant shall submit a street name list consist the city's street name policy subject to the Planning Director's approval prior to final map approval. 12) Approval of this tentative tract map shall expire twe months from the date of City Council approval unless map is recorded. An extension may be requested by th plicant. Said extension shall be approved or denied discretion of the City Council. In approving an exte City Council may impose new conditions and may revise conditions. 13) The rear lot lines of lots 231 through 244 shall be r to coincide with the west right of way line of the pr, Elm Avenue. The line as shown on the tentative map a rear lot line is intended to represent the approximat slope for the proposed building pads only. 15 '*) 16 17 18 19 20 21 22 23 The developer shall dedicate an open space easement, public, across the slope areas adjoining Elm Avenue. offer of dedication shall appear on the final map. M of the open space slope shall be the responsibility o developer for a period of two years after completion or until the last unit is sold. Thereafter, maintenal open space shall be the responsibility of the individl owner. These maintenance responsibilities shall be c: outlined in the CC and R's and noted on the final map city shall have the right but not the obligation to el this area to maintain at the expense of the owners. I Planning Director shall have the authority to approve encroachments of decks or similar uncovered structure: the first 10' of the open space easement abutting lot: through 244. Plans for development of such structure: be approved prior to issuance of a building permit or ment of such structure. 24 25 26 27 28 15) The developer shall landscape the slopes along the re; portions of lots 231 through 244 and shall install seI irrigation systems for each individual lot to irrigatc areas. Plans for this landscaping and irrigation sha: submitted to the Planning Director for approval prior issuance of a grading permit. PC Reso No. 2000 -4- . ,. e e 1 16) All lots on the final map shall have a minimum lot ar 7,500 sq. ft. 2 // Engineering 3 4 17) The developer shall obtain a grading permit prior to mencement of any clearing or grading of the site. 5 6 7 a 9 10 11 12 13 18) The grading for this project is defined as "controlle by Section 11.06.170(a) of the Carlsbad Municipal Cod Grading shall be performed under the direction of an whose responsibility it shall be to coordinate site i i and testing to insure compliance of the work with the grading plan, submit required reports to the City Eng verify compliance with Chapter 11.06 of the Carlsbad Code. 1 19) No Grading shall occur outside the limits of the subd unless a letter of permission is obtained from the ow the affected properties. 20) Additional drainage easements and drainage structures provided or installed as may be required by the Count Department of Sanitation and Flood Control or the Cit neer. 14 21) The developer shall pay the current local drainage ar prior to approval of the final map or shall construct 15 systems in conformance with the Master Drainage Plan of Carlsbad Standards as required by the City Enginee l6 17 22) All land and/or easements required by this project sh granted to the city, without cost to the city, free a 19 23) All public streets shall be improved by the developer l8 of all liens and encumberances. 24) The developer shall install street trees at the equiv 21 of any buildings, except as provided in condition No. 20 conformance with City of Carlsbad Standards prior to the typical sections shown on the tentative map and i 25) Ornamental street lighting shall be provided for as r 23 be of a variety selected from the approved Street Tre conformance with City of Carlsbad Standards. The tre 22 40-fOOt intervals along all public street frontages i 25 in the amount necessary to energize said street light Municipal Code. The developer shall post a bond and/ 24 This shall be done prior to approval of the final map 26 incorporation of the subdivision into a maintenance d eighteen month period after construction to permit th 27 (I/// 28 11 PC Reso No. 2000 -5- I1 >. ,*I 4 " II e * 1 2 3 4 5 6 7 26) No final map shall be approved until provisions are II connect the proposed sewer to an offsite public gravi system approved by the City Engineer; that is: an of system either existing or having sections to be const for which plans are approved and fees, bonds and ease received. 27) Prior to final map approval, the applicant shall eitk to be acquired the offsite parcel formed by the offsi extension of Victoria Avenue and Elm Avenue and consc the parcel with proposed lots 241 through 244 by adju plat, or alter the boundary of proposed lot 244 to sa requirements of Title 21 of the Carlsbad Municipal Co \ 8 28) 9 10 11 12 29) 13 14 15 16 17 18 19 20 21 The proposed temporary deep sewer in Victoria Avenue this subdivision is conceptually approved, The speci design shall be approved by the City Engineer on the improvement plans. A gravity sewer shall be installe capped off to permit the abandonment of the deep sewe an alternate route be established by development of a property. Prior to approval of the Final Map, the applicant sha dedicate, acquire offsite easements for and improve t following: a) Elm Avenue, on the basis of a forty-two foot half section, from the northerly subdivision boundary proposed intersection of Victoria Avenue. Dedica Elm Avenue along this section shall include a wai direct access rights from all lots shown on the f as abutting thereon, b) Victoria Avenue, on the basis of a sixty foot str section from the subdivision boundary to the prop intersection of Elm Avenue. c) Elm Avenue, on the basis of a forty-four foot gra roadway with twenty-eight feet of paving, designe according to City of Carlsbad Standards for a sec arterial, from the northerly subdivision boundary existing Elm Avenue Extension, 22 23 24 25 26 27 30 1 Prior to the approval of the final map, the portion 0: Avenue adjacent to the subdivision shall be redesignec satisfaction of the City Engineer in order to save as the existing trees as possible. This redesign may in) provision for a median island in Elm Avenue, split gri opposing traffic and lowering of the building pads ad Elm Avenue. When a design has been approved by the C Engineer the developer shall submit the revised drawi: Land Use Planning Manager showing the Elm Avenue desil the final map shall correspond to this drawing. 28 PC Reso. 2000 -6- ,111 ~ '- 4 " * I) 1 2 3 4 Fire Department 5 33) Additional public and/or on-site fire hydrants are re ' 34) Submit two (2) copies of a site plan showing location 7 existing and proposed fire hydrants and on-site roads drives . 31) Prior to the approval of the final map the subdivider provide for the extension of any offsite water lines be required to serve this project. 32) Water shall be provided by the city of Carlsbad unles other arrangement is approved by City Council. 8 9 35) An all weather access road shall be maintained throug construction. 10 11 12 13 14 15 16 36 1 37) 38 1 39 1 All required fire hydrants, water mains and appurtena shall be operational prior to combustible building ma being located on the project site. Fire retardant roofs are required on all structures. Brush clearance shall be maintained within a minimum of 30 feet to each residence. All fire alarm systems, fire hydrants, extinguishing automatic sprinklers, and other systems pertinent to project shall be submitted to the Fire Department for prior to construction. 17 18 19 PASSED, APPROVED AND ADOPTED at a regular meetin Planning Commission of the city of Carlsbad, California, h the 11th day of August, 1982, by the following vote, to wi 1 20 21 AYES: Chairman Farrow; Commissioners Jose, Ro Friestedt and Rawlins NOES: None 22 Ii ABSENT: Commissioners Schlehuber and Marcus 23 24 ATTEST : 26 4.AMn&m ABSTAIN: None 25 VERNON CARLSBAD YrW, LANNING C C 27 ICHAEL J.XDLZMJ%tER, Secretary 28 &RLSBAD PLANNING CO~MISSION III PC Reso No. 2000 -7-