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HomeMy WebLinkAbout1983-06-08; Planning Commission; Resolution 2129., * 1 2 3 4 5 e c PLANNING COMMISSION RESOLUTION NO. 2129 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE LOT TENTATIVE TRACT MAP ON 29.6 ACRES OF PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HOSP WAY ADJACENT TO EL CAMINO REAL AND ON THE NORTH SIDE OF HOSP WAY ADJACENT TO MARRON ROAD. APPLICANT: DEVELOPMENT CONSULTANTS CASE NO: CT 83-7 6 7 WHEREAS, a verified application for certain propert wit: 8 9 Lots 1 - 12 of Carlsbad Tract No. 79-27 according t No. 10161 filed July 30, 1981, 10 Planning Conmission; and 11 has been filed with the City of Carlsbad., and referred to th 12 WHEREAS, said verified application constitutes a re 13 14 as provided by Title 21 of the Carlsbad Municipal Code; and to consider said request; and 16 June 1983 hold a duly noticed public hearing as prescribed b 15 WHEREAS, THE Planning Commission did, on the 8th da 17 WHEREAS, at said public hearing, upon hearing and 18 relating to the Tentative Tract Map and Condominium Permit. 19 considering all testimony and arguments, if any of all persc 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni 21 €3) That based on the evidence presented at the public hearj 23 A) That the above recitations are true and correct. 22 Commission as follows: Commission hereby APPROVES CT 83-7 based on the 24 following findings and subject to the following conditic 25 1) Findings: 26 1) The proposed tentative map is consistent with the City's 27 General Plan since it is located within an area designal residential development by the Land Use Element of the ( 28 Plan. iI ...' * ii ,. 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 2) 3) The site is physcially suitable for the type and density development since the site is adequate in size and shape accommodate residential development at the proposed densi and still meet all the requirements of the City's subdivi ordinance. The project is consistent with all city public facility icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured that final map will not be approved unless the City Counc finds that sewer service beyond that allocated to tk property per legal settlement 9052 filed August 28, is available to serve the project. In addition, the Planning Commission has added a condition that a not shall be placed on the final map that building permj not be issued for the project unless the City Engine determines that sewer service is available, and buil cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the public facilj element of the General Plan have been met insofar as apply to sewer service for this project. b) The Carlsbad School District has written a letter, c April 14, 1983, stating that school facilities will available to this project. 15 16 c) All necessary public improvements have been providec will be required as conditions of approval. 17 18 19 20 21 22 23 24 d) The applicant has agreed and is required by the incl of an appropriate condition to pay a public facilitj fee. Performance of that contract and payment of tk will enable this body to find that public facilities be available concurrent with need as required by thc General Plan. 4) The proposed project is compatible with the-surrounding land uses since surrounding properties are designated fc residential development on the General Plan. 5) This project will not cause any significant environment: impacts and a Negative Declaration has been issued by t2 Use Planning Manager on May 20, 1983 and approved by thc Planning Commission on June 8, 1983. 25 26 27 PC RES0 NO. 2129 -2- Conditions 1) Approval is granted for CT 83-7, as shown on Exhibit "A", dated April 21, 1983, incorporated by reference and on f: 28 * I/ 0 0 ., 1 2 3 4 5 6 7 the Land Use Planning office. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition thai applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on filc the City Clerk and incorporated herein by reference, an( according to the agreement executed by the applicant fol payment of said fee, a copy of that agreement, dated Ma; 1983 is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promisc this application will not be consistent with the Genera: and approval for this project shall be void. 8 9 3) Approval of this request shall not excuse compliance wii ordinances in effect at time of building permit issuancc sections of the Zoning Ordinance and all other applicab: 10 11 12 13 4) This project has already been allocated sewer capacity PI legal settlement 9052 filed August 28, 1979. Building p( for any additional units over and above the settlement w. not be issued unless the City Engineer determines that SI facilities are available at the time of application for : sewer permits and will continue to be available until til occupancy. 14 l5 16 5) The applicant shall prepare a detailed landscape and irl 17 Use Planning Manager prior to the issuance of building tion plan which shall be submitted to and approved by tl 18 permits. Land Use Planning Office 6) All parking lot trees shall be a minimum of 15 gallons l9 I 7, size. All landscaped areas shall be maintained in a healthy a] thriving condition, free from weeds, trash, and debris. 20 21 22 23 24 25 8) Any signs proposed for this development shall be design( conformance with the city's Sign Ordinance and shall re( review and approval of the Land Use Planning Manager pr: installation of such signs. 9) Trash receptacle areas shall be enclosed by a 6-foot hi! masonry wall with gates pursuant to city standards. Loc of said receptacles shall be approved by the Land Use P: Manager 26 10) All roof appurtenances, including air conditioners, sha: 27 architecturally integrated and shielded from view and tl sound buffered from adjacent properties and streets to i 28 satisfaction of the Land Use Planning Manager and Build: Planning Director. PC RES0 #2129 -3- /I II 0 0 I, 1 11) The subject property shall be subject to the RD-M zonin! 2 3 standards as they relate to permitted and conditional u! 1 (A) and PCD-46. 4 building height, and setbacks and yards. 12) Approval of CT 83-7 is granted subject to the approval ( 5 IJEng ineer ing 6 7 13) 8 9 10 11 12 14) On the final map, a note shall be placed indicating that 1 shall be developed as a 300 unit apartment project anc 2-5 shall be developed as condominiums subject to the approval of the City Engineer. The grading for this project is defined as "regular grac by Section 11 .06.170(a) of the Carlsbad Municipal Code. developer shall submit a grading plan for approval whick include all required drainage structures and any require erosion control measures. The developer shall also subn soils, geologic or compaction reports if required and sk comply with all provisions of Chapter 11-06 of the Carl5 Municipal Code. 13 15) No grading shall occur outside the limits of the subdivj 16) All exposed slopes shall be hydroseeded by the applicant 15 the affected properties. 14 unless a letter of permission is obtained from the owner l6 ii otherwise stabilized immediately upon completion of grad activities. 17 7) All previously manufactured slopes which are to remain l8 I essentially intact shall be smoothed, recompacted and hydroseeded. 19 8) Prior to issuance of a Building Permit, an erosion contr plan shall be submitted to and approved by the City Engi remain in place to until April 15th. 20 These measures shall be in place before October 15th and 21 19) Prior to issuance of a building permit, the applicant sh 22 submit a grading plan for slope repair and restoration o presently eroded slopes. 23 24 following conditions are only applicable only to Lots 2,3 261rhe I Engineer. 25 drain system in Hosp Way between Calle Caballero and El and 5 of CT 83-7: 27 21) All development on Lots 2, 3, 4 and 5 shall be in accord 28 with Exhibits "A" - "D" of CT 79-27/CP-44.dated February 1980 on file in the Land Use Planning Offlce and lncorP0 by reference. :20) Prior to occupancy of any unit within this project the s Real shall be repaired to the satisfaction of the City ?C RES0 #2129 -4- I ll 0 0 -. . .* 1 2 garage door and garage door openers. 22) All parking structures shall have individual garages wit 3 23) All private streets and drainage systems shall be maintz 24) No individual lots may be sold separately and all lots i 6 Carlsbad. 5 excludes all drainage easements granted to the City of ment shall be included in the CC&R's. This condition 4 by the homeowner's association in perpetuity. This reqt remain in common ownership in perpetuity. A condition the approval of the City Engineer. 7 requiring this shall be placed in the CC&R's and subject 8 25) 9 10 11 12 13 26) Any remaining public improvements in the El Camino Real Hosp Way half street sections along the frontage (sidewz concrete median curb, street lights or others) shall be installed to conform to the City of Carlsbad standards E to occupancy of any units. An improvement agreement shall be entered into and a bor posted to insure the future construction of the Elm Aver half street section along the subdivision frontage prior recordation of the final map or issuance of building per istribution and sewage collection systems shz subject to the approval of the City of Carlsbad and shal dedicated to the city together with the necessary easeme free of liens and encumbrances prior to the recordation final map for each affected phase. suance of a building permit the applicant sha guarantee to the satisfaction of the City Engineer that slopes on the subject property along Marron Road and El Real shall be privately maintained as open space. public and/or on site fire hydrants shall be eemed necessary by the Fire Marshall. nt shall submit two (2) copies of a site plan ations of existing and proposed fire hydrants ds and drives subject to the approval of the Marshall. 1) All required fire hydrants, water mains and appurtenance shall be operational prior to combustible building mater being located on the project site. 2) All private driveways shall be kept clear of parked vehi at all times, and shall have posted "NO Parking/Fire Lan pursuant to Section 17.04.040, Carlsbad Munic 3) Fire retardant roofs shall be required on all structures C RES0 NO. 2129 -5- 9. . ' I- .. a I. - 0 e ~ ~ I 34) All fire alarm systems, fire hydrants, extinguishing sy: 2 automatic sprinklers, and other systems pertinent to thc project shall be submitted to the Fire Department for 3 approval prior to construction. 4 35) Building exceeding 10,000 sq.ft. aggregate floor area sl. be sprinklered or have four-hour fire walls with no oper less) areas. 5 6 therein which shall split the building into 10,000 sq.ft 7 Parks and Recreation 36) Street trees of a variety approved by the Parks and 8 9 Recreation Department shall be installed to city frontages. specifications at 40 foot intervals along all public st1 10 PASSED, APPROVED AND ADOPTED at a regular meeting ol 11 Planning Commission of the city of Carlsbad, California, helc 12the 8th day of June, 1983, by the following vote, to wit: 13 14 NOES : None . 15 16 ABSTAIN: Commissioner Romobtis AYES : Chairman Schlehuber, Commissioners Marcus, Jose, Friestedt and Rawlins. ABSENT: Commissioner Farrow. 17 18 19 I 2o rTEsT: CLARENCE SCHLEHUBER, Chairmar CARLSBAD PLANNING COMMISSION 21 22 23 24 25 26 P 27 C RES0 #2129 -6- 28