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Home My WebLink About1982-09-08; Planning Commission; Resolution 1994e 0 1 !I PLANNING COMMISSION RESOLUTION NO. 1994 2 3 4 5 6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 5 LOT (4 BUILDABLE LOTS) TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT ON PROPERTY LOCATED ON THE SOUTH SIDE OF EL FUERTE STREET, 140 FEET WEST OF CACATUA STREET. APPLICANT: HAMSAYEH/ARDESHIRI CASE NO: CT 82-1 3/PUD-43 7 WHEREAS, a verified application for certain property to 811 wit: 9 10 11 12 Planning Commission; and Lot 552 of La Costa Meadows Unit No. 3 according to Map I 7076, filed in San Diego County, October 6, 1971. has been filed with the City of Carlsbad and referred to the 13 II WHEREAS, said verified application constitutes a request 14 15 provided by Title 21 of the Carlsbad Municipal Code; and August, 1982, and on the 8th day of September, 1982, hold a d 16 WHEREAS, the Planning Commission did, on the 11th day of request; and 18 noticed public hearing as prescribed by law to consider said 17 19 WHEREAS, at said public hearing, upon hearing and consid 20 22 heard, said Commission considered all factors relating to the 21 all testimony and arguments, if any of all persons desiring t Tentative Tract Map and Planned Development. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 24 Commission as follows: 25 B) That based on the evidence presented at the public hearir 26 A) That the above recitations are true and correct. 27 Commission hereby APPROVES CT 82-13/PUD-43, based on the following findings and subject to the following conditior 28 /I//// e e 1 2 3 Findings: 1) The project is consistent with the city's General Plan sin proposed density of 1.02 du's/acre is within the density L of 0-4 du's/acre specified for the site as indicated on th Use Element of the General Plan. 4 5 2) The site is physically suitable for the type and density c development since the site is adequate in size and shape t accommodate residential development at the density propose €5 3) The project is consistent with all city public facility pc 7 and ordinances since: 8 9 10 11 12 13 14 15 16 17 18 a) The Planning Commission has, by inclusion of an approg condition to this project, insured that the final map not be approved unless the City Council finds that sew service is available to serve the project. In additic Planning Commission has added a condition that a note be placed on the final map that building permits may r issued for the project unless the City Engineer detern that sewer service is available, and building cannot c within the project unless sewer service remains availa the Planning Commission is satisfied that the requiren of the public facilities element of the General Plan h been met insofar as they apply to sewer service for th project. b) School fees will be paid to ensure the availability of school facilities in the San Marcos School District ar existing school agreement between the developer and tk Marcos School District will ensure adequacy of element school facilities. c) Park-in-lieu fees are required as a condition of apprc 19 11 I d) All necessary public improvements have been provided c I be required as conditions of approval. 20 21 22 23 e) The applicant has agreed and is required by the inclus an appropriate condition to pay a public facilities fe Performance of that contract and payment of the fee wi enable this body to find that public facilities will k available concurrent with need as required by the Gene Plan. 24 25 ~~// The proposed project is compatible with the surrounding f land uses since surrounding properties are designated for residential development on the General Plan. 26 27 /// 28!i C RES0 NO. 1994 -2- /I e a 1 5) This project as conditioned will not cause any significan environmental impacts and a Negative Declaration has been 2 issued by the Planning Director on July 27, 1982. and apF by the Planning Commission on August 11, 1982. 3 4 6) The project complies with the Planned Development Ordinan and is consistent with the Design Guidelines Manual. 5 6 7 General Conditions: 1) Approval is granted for CT 82-13/PUD-43, as shown on Exhik "A", dated July 15, 1982, incorporated by reference and on in the Planning Department. Development shall occur subst tially as shown unless otherwise noted in these conditions 8 9 2) This project is approved upon the express condition that t 10 of the time of such approval that sewer service is availak final map shall not be approved unless the City Council fi serve the subdivision. 11 12 13 14 15 16 17 18 19 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 facilities are available at the time of application for su sewer permits and will continue to be available until time occupancy. This note shall be placed on the final map. 4) This project is approved upon the express condition that t applicant shall pay a public facilities fee as required b) Council Policy No. 17, dated April 2, 1982, on file with t City Clerk and incorporated herein by reference, and accor to the agreement executed by the applicant for payment of fee a copy of that agreement dated May 28, 1982, is on fil the City Clerk and incorporated herein by reference. If E fee is not paid as promised, this application will not be consistent with the General Plan and approval for this prc shall be void. 20 21 22 23 24 7) Approval of this request shall not excuse compliance with 25 sections of the Zoning Ordinance and all other applicable ordinances in effect at time of building permit issuance. 5) The applicant shall pay park-in-lieu fees to the city, pri the approval of the final map as required by Chapter 20.44 the Carlsbad Municipal Code. 6) The applicant shall provide school fees to mitigate condit of overcrowding as part of building permit application. 1 fees shall be based on the fee schedule in effect at the t building permit application. 26 II//// 27 /I//// 28 PC RES0 NO. 1994 I1 -3- e a 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 Land Use Planning Office 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 irri plan which shall be submitted to and approved by the Plan Director prior to the issuance of grading permit. 10) No lot in this subdivision may be further subdivided. Th note shall be placed on the final map. 11) No buildings or structures shall be placed on the common space lot except for recreational facilities as approved the Planning Director. 12) Prior to the issuance of a building permit for an individ lot, a building and elevation plan shall be reviewed and approved by the Planning Commission. This note shall be placed on the final map. Engineering Department 13) The 1-1/2:1 slope across from Lot 2 shall transition into slope to form a uniform transition. The slope across frc 3 shall be 2:l. This concept shall be shown on the gradi plan and approved by the City Engineer. 14) No grading shall occur outside the limits of the subdivis unless a letter of permission is obtained from the owners the affected properties. 15) Additional drainage easements and drainage structures sha provided or installed as may be required by the County Department of Sanitation and Flood Control or the City En neer. 16) All land and/or easements required by this project shall granted to the city, without cost to the city, free and c of all liens and encumberances. 17) Direct access rights for all lots abutting El Fuerte shal waived on the final map. 18) The design of all private streets and drainage systems sh approved by the City Engineer prior to approval of the fi map. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value te All private streets and drainage systems shall be inspect the city and the standard improvement plan check and insp fees shall be paid prior to approval of the final map. 19) All private streets and drainage systems shall be maintai the homeowner's association in perpetuity. This responsi shall be clearly stated in the CC&R's. 11 PC RES0 NO. 1994 -4- ., e 1 2 3 4 21) The land included within this project contains less than acres; each parcel abuts upon a maintained public street 5 dedications or improvements are required. Therefore, in accordance with Section 20.20.050(1) of the Carlsbad Muni 6 Code and Section 66426(a) of the Subdivision Map Act, a F Map may be filed in lieu of a Final Map. 7 22) Each buildable lot shall be provided one guest parking sp 8 site in addition to the normal parking requirement. The location of this on site guest parking space shall be sho 9 the building site plan prior to the issuance of a buildin permit. lo 23) Water shall be provided by the City of Carlsbad unless so 11 l2 24) The common area shall be landscaped and irrigated with dr 13 tolerant plants to the satisfaction of the Director of th Parks and Recreation Department. l4 Fire Department l5 17 26) All required fire hydrants, water mains and appurtenances l6 25) Additional public and/or on-site fire hydrants are requir Zone" pursuant to Section 17.04.040, Carlsbad Municipal C all times, and shall have posted "NO Parking/Fire Lane/To 19 27) All private driveways shall be kept clear of parked vehic l8 located on the project site. be operational prior to combustible building materials be 21 28) Fire retardant roofs are required on all structures. 2o 20) All concrete terrace drains shall be maintained by the hc owner's association (if on commonly owned property) or th individual property owner (if on an individually owned IC perpetuity. An appropriately worded statement clearly identifying the responsibility shall be placed in the CC& other arrangement is approved by the City Council. Parks and Recreation Department 29) Brush clearance shall be maintained within a minimum dist 22 of 30 feet to each residence. 23 30) All fire alarm systems, fire hydrants, extinguishing syst 24 automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for app prior to construction. 25 26 27 28 //// //// PC RESQ NO. 1994 -5- .. ~ * e 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2/j Planning Commission of the City of Carlsbad, California, held 3 8th day of September, 1982, by the following vote, to wit: 4 5 6 7 8 AYES : Chairman Farrow, Commissioners Marcus, Rombotis Schlehuber, Jose, and Rawlins. NOES: None. ABSENT: Commissioner Friestedt. ABSTAIN: None. 9 10 11 12 13 14 15 16 17 18 ATTEST : MICHAEL J. B@L,ZMIL&JilR, LAND USE PLANNING MANAGER 19 I 20 21 22 23 24 25 26 27 28 PC RES0 NO. 1994 -6-