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HomeMy WebLinkAbout1982-10-13; Planning Commission; Resolution 2024s I/ 0 .. 1 2 3 4 5 PLANNING COMMISSION RESOLUTION NO. 2024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT OF CARLSBAD, CALIFORNIA, APPROVING AN EIGHT UNIT T MAP AND PLANNED DEVELOPMENT ON PROPERTY GENERALLY ON THE WEST SIDE OF VALLEY STREET BETWEEN BASSWOOD STREET AND OAK STREET. APPLICANT: O'GARA CASE NO. : CT 81-50/PUD-37 ' 6 wit: 7 WHEREAS, a verified application for certain proper 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A portion of Lot 123 of Carlsbad Lands according t 1661 filed March 1, 1915. has been filed with the city of Carlsbad, and referred to t Planning Commission: and WHEREAS, said verified application constitutes a I as provided by Title 21 of the Carlsbad Municipal Code; an( WHEREAS, the Planning Commission did, on the 13th October, 1982, hold a duly noticed public hearing as presc~ law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all pe: desiring to be heard, said Commission considered all facto: relating to the Tentative Tract Xap and Planned Developmen. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan, Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public he the Commission hereby APPROVES CT 81-50/PUD-37, based following findings and subject to the following condi //// 26 //// /I 27 11 //// 28 //// 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 I1 e 0 Findings 1) The project is consistent with the city's General Plan the proposed density of 3.9 du's/acre is within the de! range of 0-4 du's/acre specified for the site as indic' the Land Use Element of the General Plan. 2) The site is physically suitable for the type and densi development since the site is adequate in size and sha accommodate residential development at the density pro 3) The project is consistent with all city public facilit icies and ordinances since: a) The Planning Commission has, by inclusion of an aF condition to this project, insured that the final not be approved unless the City Council finds that service is available to serve the project. In ad< the Planning Commission has added a condition that shall be placed on the final map that building per not be issued for the project unless the City Eng: determines that sewer service is available, and bl cannot occur within the project unless sewer serv. remains available, and the Planning Commission is that the requirements of the public facilities el( the General Plan have been met insofar as they ap] sewer service for this project. b) The Carlsbad School District has written a letter February 21, 1980, stating that school facilities available to this project, c) Park-in-lieu fees are required as a condition of d) All necessary public improvements have been provi will be required as conditions of approval. e) The applicant has agreed and is required by the i of an appropriate condition to pay a public facil Performance of that contract and payment of the f enable this body to find that public facilities w available concurrent with need as required by the Plan. 4) The proposed project is consistent with the city's PI Development Ordinance and also complies with the Desj Guidelines Manual. //// //// //// 28 PC RES0 NO. 2024 -2- e 0 1 5) The proposed project is compatible with the surroundin future land uses since surrounding properties are desi 2 for residential development on the General Plan. 3 4 5 6 7 8 6) This project will not cause any significant environmen impacts and a Negative Declaration has been issued by Use Planning Manager on September 21, 1982 and approve Planning Commission on October 13, 1982. Cond it ions 1) Approval is granted for CT 81-50/PUD-37, as shown on I Exhibit "A", dated August 18, 1982, incorporated by re I conditions, and on file in the Land Use Planning off ice. Develop occur substantially as shown unless otherwise noted ir 9 2) This project is approved upon the express condition tl as of the time of such approval that sewer service is 10 to serve the subdivision. 11 final map shall not be approved unless the City Counc: 12 13 3) 14 15 17 16 18 19 4) 2o I This project is approved upon the express condition tl building permits will not be issued for development 0: subject property unless the City Engineer determines ' facilities are available at the time of application fc sewer permits and will continue to be available until occupancy. This note shall be placed on the final ma] This project is approved upon the express condition tl applicant shall pay a public facilities fee as requiri Council Policy No. 17, dated April 2, 1982, on file w City Clerk and incorporated herein by reference, and to the agreement executed by the applicant for paymen fee, a copy of that agreement, dated December 18, 198 file with the City Clerk and incorporated herein by r If said fee is not paid as promised, this application be consistent with the General Plan and approval for project shall be void. 21 22 5) The applicant shall pay park-in-lieu fees to the city the approval of the final map as required by Chapter the Carlsbad Municipal Code. 23 6) Approval of this request shall not excuse compliance sections of the Zoning Ordinance and all other applic 24 ordinances in effect at time of building permit issua 25 7) Water shall be provided by the city of Carlsbad unles 26 27 other arrangement is approved by the City Council. //// //// 28 PC RES0 NO.. 2024 -3- 0 0 I 8) The applicant shall establish a homeowner's associatic 2 Land Use Planning Off ice 3 4 5 6 7 10) The applicant shall submit a street name list consist( 8 the city's street name policy subject to the Land Use Manager's approval prior to final map approval. 9 11) All development on the lots created by this project SI corresponding covenants, conditions and restrictions. CC&R's shall be submitted to and approved by the Land Planning Manager prior to final map approval. 9) A 500' scale map of the subdivision shall be submitted Land Use Planning Manager prior to the recordation of map. Said map shall show all lots and streets within adjacent to the project. 10 11 12 comply with the standards of the R-1 zone. 12) The building plans for each lot shall provide for eitl rear yard or side yard with a minimum dimension of fi: feet with a slope not greater then fifteen percent. 13 /I Engineering I.4 j/ 13) The developer shall obtain a grading permit prior to . commencement of any clearing or grading, of the site. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14) The grading for this project is defined as "regular g' Section 11.06.170(a) of the Carlsbad Municipal Code. developer shall submit a grading plan for approval wh include all required drainage structures and any requ erosion control measures. The developer shall also s soils, geologic or compaction reports if required and comply with all provisions of Chapter 11.06 of the Ca Municipal Code. 15) No grading shall occur outside the limits of the subd unless a letter of permission is obtained from the ow the affected properties. 16) 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. 17) The developer shall pay the current local drainage ar prior to approval of the final map or shall construct systems in conformance with the Master Drainage Plan of Carlsbad Standards as required by the City Enginee //// //// PC RES0 NO. 2024 -4- e 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 11 18) Land for all public streets and easements shown on the tative map shall be dedicated on the final map and sha granted to city free and clear of all liens and encumt 19) All public streets shall be improved by the developer the typical sections shown on the tentative map and ir conformance with City of Carlsbad Standards prior to c of any buildings except as modified by these conditior 20) The developer shall comply with all the rules, regulat design requirements of the respective sewer and water regarding services to the project. 21) The developer shall construct full half street improve Valley Street based on a centerline to curb width of 2 along the subdivision frontage. 22) The design of all private streets and drainage systems approved by the City Engineer prior to approval of the map. The structural section of all private streets sk conform to City of Carlsbad Standards based on R-value All private streets and drainage systems shall be ins5 the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of the map. 23) All private streets and drainage systems shall be mair the homeowner's association in perpetuity. This respc shall be clearly stated in the CC&R's. 24) All concrete terrace drains shall be maintained by thc owner's association (if on commonly owned property) 01 individual property owner (if on an individually ownec perpetuity. An appropriately worded statement clear11 identifying the responsibility shall be placed in the CC&R' s. 25) Approval of this tentative tract map shall expire twer months from the date of Planning Commission approval L final map is recorded. An extension may be requested applicant. Said extension shall be approved or deniec discretion of the Planning Commission. In approving E extension, the Planning Commission may impose new conc and may revise existing conditions. 26) The developer shall provide for the construction of a drain from the subdivision to a drainage course as apy the City Engineer in conformance with the Master Drair or approved revisions thereto. The developer may reqt establish a reimbursement in accordance with the provj the Master Drainage Plan. //I/ PC RES0 NO. 2024 -5- - e e 1 27) The design of the aforementioned drainage system shall approved by the City Engineer prior to final map appro 2 28) Prior to recordation of the final map, the owner shall 3 for the dedication of 42 feet of the ultimate 60-foot way of James Drive adjacent to the subdivision boundar * 29) Prior to occupancy of any units, James Drive shall be 5 6 30) Prior to the recordation of the final map, the subdivii shall provide for a minimum 28-foot improved roadway s 7 within a minimum 30-foot publicly dedicated easement fl Drive from the subdivision boundary to Basswood Avenue 8 Fire Department 9 31) Fire retardant roofs shall be required on all structur, lo 32) The minimum water main size in James Drive shall be si 11 12 in accordance with City Standards. inches o 33) A fire hydrant shall be installed at the corner of Jam Street and "A" Street. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I Parks and Recreation Department 34) A.11 street trees shall be planted at least eight feet k the face of the curb and in accordance with City Stand; prior to occupancy of any units. //// //// /I// //// I/// //// //// //// //// //// //// //// PC RES0 NO. 2024 -6- - .I,< e 0 I. // PASSED, APPROVED, AND ADOPTED at a regular meeting 2 3 Planning Commission of the city of Carlsbad, California, he the 13th day of October, 1982, by the following vote, to wi 4 5 AYES : Vice-chairman Schlehuber, Commissioners J, Rombotis, Friestedt and Rawlins, NOES: None. f5 I/ ABSENT: Chairman Farrow and Commissioner Marcus. 7 11 ABSTAIN: None- 8 9 10 & &J$&.fJ -.-" i CLARENCE SCHLEHUBER, Vice-Cha CARLSBAD PLANNING COMMISSION 11 I/ ATTEST : a 12 l3 LAND USE PLANNING MANAGER 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2024 -7-