HomeMy WebLinkAbout1982-12-08; Planning Commission; Resolution 2035. 4 '' a
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PLANNING COMMISSION RESOLUTION NO. 2035
I A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE SUBDIV'
MAP TO CREATE TWELVE COMMERCIAL LOTS ON PROPERTY
GENERALLY LOCATED ON THE SOUTHWEST CORNER OF INTER;
AND POINSETTIA LANE, EAST OF AVENIDA ENCINAS.
CASE NO.: CT 81-6 I APPLICANT: R. C. JEWETT
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No. 7996, filed in the Office of the County Recorder, Augusl 8
Township 12 South, Range 4 West and Lot 171 according to May wit: A portion of Section 28 and a portion of Section 29,
1974.
WHEREAS, a verified application for certain proper.
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has been filed with the City of Carlsbad, and referred to tl
Planning Commission; and
WHEREAS, said verified application constitutes a re
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 27th d
October, 1982, the 10th day of November,l982, and the 8th d
15)) December, 1982, hold a duly noticed public hearing as prescv
1611 law to consider said request; and
l7 /I WHEREAS, at said public hearing, upon hearing and
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22 Commission as follows:
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 81-6, based on the follow findings and subject to the following conditions:
considering all testimony and arguments, if any, of all pers
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
26 /I Findings:
27 1) The project is consistent with the City's General Plan :
28 the proposed commercial subdivision is consistent with i
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1 Community Commercial designation specified for the sit indicated on the Land Use Element of the General Plan.
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2) The site is physically suitable for the type of develo since the site is adequate in size and shape to accomm
commercial development as proposed.
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3) The project is consistent with all city public facilit:
icies and ordinances since:
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 eler the General Plan have been met insofar as they app: sewer service for this project.
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13 ll b) All necessary public improvements have been providc will be required as conditions of approval.
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4)
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c) The applicant has agreed and is required by the inc
of an appropriate condition to pay a public facilii Performance of that contract and payment of the fec enable this body to find that public facilities wi: available concurrent with need as required by the ( Plan.
This project will not cause any significant environment impacts and has undergone previous environmental reviev therefore, the Land Use Planning Manager has issued a E; of Prior Environmental Compliance, dated October 6, 19E
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24 2) This project is approved upon the express condition tha
25 final map shall not be approved unless the City Council as of the time of such approval that sewer service is a
26 to serve the subdivision.
27 3) This project is approved upon the express condition tha
General Conditions:
1) Approval is granted for CT 81-6, as shown on Exhibit “E
dated December 8, 1982, incorporated by reference and
on file in the Land Use Planning office. Development E
occur substantially as shown unless otherwise noted in
conditions.
building permits will not be issued for development of 2811 PC RES0 NO. 2035 .2
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subject property unless the City Engineer determines t 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) 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 7, 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.
9 5) Approval of this request shall not excuse compliance w sections of the Zoning Ordinance and all other applica ordinances in effect at time of building permit issuan 10
11 6) Water shall be provided by the City of Carlsbad unless other arrangement is approved by the City Council.
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Land Use Planning
7) The applicant shall establish an owner's association a
corresponding covenants, conditions and restrictions. CC&R's shall be submitted to and approved by the Land Planning Manager prior to final map approval.
8) 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.
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9) All landscaped areas shall be maintained in a healthy
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thriving condition, free from weeds, trash, and debris
10) Any signs proposed for this development shall be desig
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conformance with the approved Site Development Plan on
11) All roof appurtenances, including air conditioners, sh 22
Planning Manager prior to installation of such signs.
site and shall require review and approval of the Land
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buffered from adjacent properties and streets to the
architecturally integrated and shielded from view and 23
the city's street name policy subject to the Land Use 26
12) The applicant shall submit a street name list consiste 25
Planning Director. satisfaction of the Land Use Planning Manager and Buil
Manager's approval prior to final map approval.
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28 PC RES0 NO. 2035 .3
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13) The project shall provide bus stop facilities at locat.
subject to the satisfaction of the North County Transii trict. Said facilities shall at a minimum include a bc free from advertising, and a pole for the bus stop si91
bench and pole shall be designed in a manner so as to 1
detract from the basic architectural theme of the projc
said design shall be subject to the approval of the La1 Planning Manager and North County Transit District.
14) Approval of Tentative Tract No. CT 81-6 is granted sub:
approval of Zone Change 233 and SDP 82-3.
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15) The developer shall obtain a grading permit prior to tl
commencement of any clearing or grading of the site.
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The grading for this project is defined as "regular grq
Section 11.06.170(a) of the Carlsbad Municipal Code. '
developer shall submit a grading plan for approval whic
include all required drainage structures and any requi:
erosion control measures. The developer shall also SUI soils, geologic or compaction reports if required and :
comply with all provisions of Chapter 11.06 of the Car:
Municipal Code.
14 17) No grading shall occur outside the limits of the subdi7
the affected properties. 15
unless a letter of permission is obtained from the ownc
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18) Additional drainage easements and drainage structures ! provided or installed as may be required by the County Department of Sanitation and Flood Control or the City
neer.
19) Land for all public streets and easements shown on the
granted to city free and clear of all liens and encumbt
~20) Avenida Encinas shall be dedicated on the final map alc
I I tative map shall be dedicated on the final map and sha:
~ subdivision frontage based on a right-of-way half widtl
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feet.
21) All land and/or easements required by this project sha:
granted to the city, without cost to the city, free an(
of all liens and encumberances.
22) Direct access rights for all lots abutting Poinsettia 1 Avenida Encinas shall be waived on the final map.
26 23) All public streets shall be improved by the developer 1
of any buildings.
the typical sections shown on the tentative map and in 27 conformance with City of Carlsbad Standards prior to oc
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PC RES0 NO. 2035 .4
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Poinsettia Lane shall be improved by the developer alo subdivision frontage based on a centerline to curb fac
of 41 feet and in conformance with City of Carlsbad St
prior to occupancy of any buildings.
Avenida Encinas shall be improved by the developer alo subdivision frontage based on a centerline to curb fac of 40 feet and in conformance with City of Carlsbad St prior to occupancy of any buildings.
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26) The developer shall install street lights along all pu
private street frontages in conformance with City of C
Standards.
8 27) The developer shall install street trees at the equiva
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40-foot intervals along all public street frontages in
28) The developer shall install sidewalks along all public lo
be of a variety selected from the approved Street Tree conformance with City of Carlsbad Standards. The tree
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29) The developer shall install a wheelchair ramp at the p l2
to occupancy of any buildings. frontages in conformance with City of Carlsbad Standar 11
of Carlsbad Standards prior to occupancy of any buildi street corner abutting the subdivision in conformance
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The developer shall comply with all the rules, regulat
design requirements of the respective sewer and water
regarding services to the project.
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 applicant. Said extension shall be approved or denied discretion of the City Council. In approving an exten City Council may impose new conditions and may revise conditions.
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32) The slopes adjacent to "A" and "C" streets at their intersections with Avenida Encinas shall be cut back t
provide sight visibility in conformance with city stan
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33) Prior to issuance of a building permit for any develoF the site which would create a cumulative traffic count than 5,000 ADT on Avenida Encinas south of Poinsettia
developer shall provide for secondary access to the si extension of Avenida Encinas to Carlsbad Boulevard in dance with the Engineering Department's cul-de-sac pol
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1 Fire Department
2 plans shall be submitted to and approved by the Fire
Department. 3
34) Prior to the issuance of building permits, complete bl
35) Additional public and/or on site fire hydrants shall k 4 quired if deemed necessary by the Fire Marshall.
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36) The applicant shall submit two (2) copies of a site pl
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site roads and drives subject to the approval of the I
showing locations of existing and proposed fire hydrar
Marshall.
37) An all weather access road shall be maintained througl
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38) All required fire hydrants, water mains and appurtenar be operational prior to combustible building material: located on the project site.
l1 39) All fire alarm systems, fire hydrants, extinguishing I
12 automatic sprinklers, and other systems pertinent to t project shall be submitted to the Fire Department for prior to construction. 13
14 40) Building exceeding 10,000 sq.ft. aggregate floor area
sprinklered or have four-hour fire walls with no openj
15 therein which shall split the building into 10,000 sq.
less) areas.
8 construction.
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41) Due to excessive emergency response times, all structt regardless of size, shall have installed an automatic sprinkler system conforming to the requirements of thc Department. This requirement may be waived by the Fil Marshall at such time as a fire station is placed in 5 the southwest quadrant of the City, providing an adeql
emergency response team is maintained. I 2o
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PASSED, APPROVED AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, he
the 27th day of October, 1982, the 10th day of November, 19
the 8th day of December, 1982, by the following vote, to wi
AYES : Chairman Farrow, Commissioners Marcus, R
Schlehuber, Jose, Friestedt and Rawlins,
NOES: None.
ABSENT: None ,
ABSTAIN: None.
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/- 'f ~~~/Lcie7d"j 1. . +4h L -&z .,)-.
VERNON J. FARROW, JW. , '
CARLSBAD PLANNING COMMI
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I.2 11 ATTEST :
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15 11 LAND USE PLANNING MANAGER
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PC RES0 NO. 2035 .7
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