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Home My WebLink About1982-12-08; Planning Commission; Resolution 2033?X,,, ’. -‘ /I 1 2 3 4 5 6 0 0 PLANNING COMMISSION RESOLUTION NO. 2033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SIXTEEN- LOT TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF INTERSTATE 5 AND POINSETTIA LANE. APPLICANT: JEWETT CASE NO: CT 81-5 WHEREAS, a verified application for certain proper wit: 7 south, Range 4 west San Bernardino Meridian 8 A portion of the east half of the northeast quarte Section 29 and the west half of Section 28, in Tow 9 has been filed with the City of Carlsbad, and referred to t lo Planning Commission; and 11 WHEREAS, said verified application constitutes a r l2 WHEREAS, the Planning Commission did, on the 27th 13 provided by Title 21 of the Carlsbad Municipal Code; and law to consider said request; and l6 December, 1982, hold a duly noticed public hearing as presc l5 October, 1982, the 10th day of November, 1982, and the 8th l4 17 WHEREAS, at said public hearing, upon hearing and 18 desiring to be heard, said Commission considered all factor l9 considering all testimony and arguments, if any, of all per relating to the Tentative Tract Map. 2o 21 Commission as follows: 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plans 23 A) That the above recitations are true and correct. 24 B) That based on the evidence presented at the public hear 25 Commission hereby APPROVES CT 81-5, based on the folloM findings and subject to the following conditions: 26 Ikindings: 27 1) The proposed tentative map is consistent with the City’ 28 General Plan since it is located within an area design; Plan. commercial development by the Land Use Element of the C I , ,, II 0 0 1 2) The site is physically suitable for the type of the devl since the site is adequate in size and shape to accommol 2 commercial development. 3 icies and ordinances since: 3) The project is consistent with all City public facilit 4 5 6 7 8 9 10 a) The Planning Commission has, by inclusion of an ap 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 add 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 Engi determines that sewer service is available, and bu cannot occur within the project unless sewer servi remains available, and the Planning Commission is that the requirements of the Public Facilities Ele the General Plan have been met insofar as they apg sewer service for this project. 11 12 13 14 15 16 17 18 19 b) All necessary public improvements have been provid will be required as conditions of approval. c) The applicant has agreed and is required by the in of an appropriate condition to pay a public facili Performance of that contract and payment of the fe enable this body to find that public facilities wi available concurrent with need as required by the Plan. 4) The proposed project is compatible with future surrour land uses since the property to the south is designate commercial development and the requirement of a specif on this property will ensure that adequate buffers wil provided from future residential development to the WE north. 20 21 22 23 1) Approval is granted for CT 81-5, as shown on Exhibit ' 24 "B", dated November 30, 1982, incorporated by referenc file in the Land Use Planning Office. Development shi 25 substantially as shown unless otherwise noted in thesc conditions. 5) The Land Use Planning Manager has determined that this has undergone previous environmental review and, there has issued a Notice of Prior Compliance, dated Octobel 1982. General Conditions 26 I(//// 27 I(//// 28 PC RES0 NO. 2033 .2 ' , .. II e 0 " II 1 2 3 4 3) This project is approved upon the express condition thq building permits will not be issued for development of subject property unless the City Engineer determines tl 5 facilities are available at the time of application fo. sewer permits and will continue to be available until 6 occupancy. This noke shall be placed on the final map 2) This project is approved upon the express condition thi final map shall not be approved unless the City Counci: as of the time of such approval that sewer service is i to serve the subdivision. 7 4, 8 9 10 11 This project is approved upon the express condition th applicant shall pay a public facilities fee as require Council Policy No. 17, dated April 2, 1982, on file wi City Clerk and incorporated herein by reference, and a to the agreement executed by the applicant for payment fee, a copy of that agreement, dated October 8, 1982, file with the City Clerk and incorporated herein by re If said fee is not paid as promised, this application be consistent with the general plan and approval for t project shall be void. I.2 13 5) Approval of this request shall not excuse compliance w 16 15 6) Water shall be provided by the City of Carlsbad unless l4 ordinances in effect at time of building permit issuan sections of the Zoning Ordinance and all other applica 7) The applicant shall establish a property owner's assoc 17 Land Use Planning 8) A 500' scale map of the subdivision shall be submitted l9 Planning Manager prior to final map approval. CC&R's shall be submitted to and approved by the Land 18 and corresponding covenants, conditions and restrictic 20 21 22 thriving condition, free from weeds, trash, and debriE 23 10) Any signs proposed for this development shall be desiq 24 conformance with the approved specific plan on this sj shall require review and approval of the Land Use Plar 25 Manager prior to installation of such signs. other arrangement is approved by the City Council. Land Use Planning Manager prior to the recordation of map. Said map shall show all lots and streets within adjacent to the project. 9) All landscaped areas shall be maintained in a healthy 26 //// 27 //I/ //// 28 PC RES0 NO. 2033 I .3 - I .~I 0 e 1 11) All roof appurtenances, including air conditioners, Shi architecturally integrated and shielded from view and 1 buffered from adjacent properties and streets to the Planning Director. 2 satisfaction of the Land Use Planning Manager and Builc 3 4 12) The applicant shall submit a street name list consistel the City’s street name policy subject to the Land Use 1 Manager’s approval prior to final map approval. 5 13) The project shall provide bus stop facilities at locat 6 subject to the satisfaction of the North County Transi trict. Said facilities shall at a minimum include a bc bench and pole shall be designed in a manner so as to : 8 detract from the basic architectural theme of the projl 9 said design shall be subject to the approval of the La Planning Manager and North County Transit District. 7 free from advertising, and a pole for the bus stop sig! 10 14) Approval of Tentative Tract No. CT 81-5 is granted sub 11 approval of Specific Plan 186. IlEngineering 12 13 commencement of any clearing or grading of the site. l4 15 16) The grading for this project is defined as “controlled by Section 11.06.170(a) of the Carlsbad Municipal Code Grading shall be performed under the observation of a engineer whose responsibility it shall be to coordinat 16 inspection and testing to insure compliance of the wor 17 the approved grading plan, submit required reports to Engineer and verify compliance with Chapter 11-06 of t Carlsbad Municipal Code. 18 19 17) No grading shall occur outside the limits of the subdi unless a letter of permission is obtained from the own 20 the affected properties. 21 provided or installed as may be required by the County 22 Department of Sanitation and Flood Control or the City neer. 23 19) Land for all public streets and easements shown on the 24 tative map shall be dedicated on the final map and sha granted to City free and clear of all liens and encumb Poinsettia Lane shall be dedicated on the final map a1 subdivision frontage based on a right-of-way half widt feet. Avenida Encinas shall be dedicated on the final 27 along the subdivision frontage based on a right-of-way width of 42 feet. 15) The developer shall obtain a grading permit prior to t 18) Additional drainage easements and drainage structures :: [) 28 C RES0 NO. 2033 1 .4 ' . .> .I "* /I 0 0 1 21) Direct access rights for all lots abutting Poinsettia I 2 3 22) All public streets shall be improved by the developer 1 4 mance with City of Carlsbad standards prior to occupanl the typical sections shown on the tentative map and in buildings, shall be waived on the final map. 5 6 7 8 23) Approval of this tentative tract map shall expire twen months from the date of City Council approval unless a map is recorded. An extension may be requested by the cant. Said extension shall be approved or denied at t' cretion of the City Council. In approving an extensio City Council may impose new conditions and may revise conditions. ~ 9 li 24) The owner shall relinquish access rights in and to Ave Encinas from lots 1, 2, 3, 4 and 10 on the final map. 10 11 12 13 14 15 16 17 25) Prior to issuance of a building permit for any develop the site which would create a cumulative traffic count excess of 5000 ADT at Avenida Encinas at its northern section with Poinsettia Lane, the developer shall prov secondary access to the site by extending Avenida Enci the existing Avenida Encinas to the north in conforman the Engineering Department cul-de-sac policy. 26) The developer shall offer to dedicate additional right over the northwest corner of the proposed lot 16 on th map to the satisfaction of the City Engineer. The pur this dedication is to allow for any minor realignment Avenida Encinas should it become necessary to accompli development of the land to the north. 18 27) Prior to the approval of the final map, the developer obtain a Right-of-way Permit from Cal-Trans and shall 19 with all required Cal-Trans dedication and improvement requirements. 2o 21 28) The developer shall pull the slopes adjacent to the in 29 j The development of Lots 11 through 16 shall be designe 22 accordance with City standards. section back away from the street to provide sight dis as possible to provide for the consolidation of drivew 23 24 entrances for adjacent lots to the satisfaction of the Engineer . 25 /I //I/ 26 //// /I 27 11 //// //// 28 PC RES0 NO. 2033 I .5 I. I *I '. eb IC" I/ a 0 1 2 30) Prior to the issuance of building permits, complete bu plans shall be submitted to and approved by the Fire Department. 3 11 31) Additional public and/or on site fire hydrants shall b quired if deemed necessary by the Fire Marshall. * 32) An all weather access road shall be maintained through 5 6 7 8 34) Adequate emergency vehicle turn-arounds shall be provi cul-de-sac or a hammerhead when a driveway is more tha 9 feet deep from property line at street. construction. 33) All required fire hydrants, water mains and appurtenan be operational prior to combustible building materials located on the project site. lo 35) All fire alarm systems, fire hydrants, extinguishing s 11 automatic sprinklers and other systems pertinent to th project shall be submitted to the Fire Department for prior to construction. 12 13 14 15 3.6 1'7 18 36) Buildings exceeding 10,000 sq.ft. aggregate floor area sprinklered or have four-hour fire walls with no openi therein which shall split the building into 10,000 sq. less) areas. 37) Due to excessive emergency response times, all structu regardless of size, shall have installed an automatic sprinkler system conforming to the requirements of the Carlsbad Fire Department. This requirement may be wai the Fire Marshall at such time as a fire station is pl service in the southwest quadrant of the city, providi adequate emergency response time is maintained. 19 1 //// 20 //// 22 //// 21 //I/ 23 //// 24 25 //// //// 26 //// 27 //// 28 //// .6 I . ., .? 1,” ,.. I . $f - * *’ /I 1 m 0 PASSED, APPROVED AND ADOPTED at a regular meeting 2 8th day of December, 1982, by the following vote, to wit: 4 27th day of October, 1982, the 10th day of November, 1982, 3 Planning Commission of the City of Carlsbad, California, he 5 6 7 8 9 AYES : Chairman Farrow, Commissioners Marcus, R Schlehuber, Jose, Friestedt and Rawlins. NOES : None. ABSENT : None. ABSTAIN : None . 10 11 c - )( LI < <, ‘I\ 4 j&,, ,, L i / < j .\ VERNON, J. FJ+RROW, JW., iChai CARLSBBD PL~NNING CO~~SSIO \\ u l2 /I ATTEST : 13 14 15 LAND USE PLANNING MANAGER 16 17 18 19 I 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2033 .7