HomeMy WebLinkAbout1983-06-08; Planning Commission; Resolution 2129., *
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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
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WHEREAS, a verified application for certain propert
wit:
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Lots 1 - 12 of Carlsbad Tract No. 79-27 according t
No. 10161 filed July 30, 1981,
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Planning Conmission; and 11
has been filed with the City of Carlsbad., and referred to th
12 WHEREAS, said verified application constitutes a re
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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
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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
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€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.
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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.
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c) All necessary public improvements have been providec
will be required as conditions of approval.
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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.
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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:
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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.
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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:
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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.
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5) The applicant shall prepare a detailed landscape and irl
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Use Planning Manager prior to the issuance of building tion plan which shall be submitted to and approved by tl
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permits.
Land Use Planning Office
6) All parking lot trees shall be a minimum of 15 gallons
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size.
All landscaped areas shall be maintained in a healthy a]
thriving condition, free from weeds, trash, and debris. 20
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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:
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architecturally integrated and shielded from view and tl sound buffered from adjacent properties and streets to i
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satisfaction of the Land Use Planning Manager and Build: Planning Director.
PC RES0 #2129 -3-
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1 11) The subject property shall be subject to the RD-M zonin!
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standards as they relate to permitted and conditional u!
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building height, and setbacks and yards.
12) Approval of CT 83-7 is granted subject to the approval (
5 IJEng ineer ing
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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
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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
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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-
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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
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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-
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~ 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
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therein which shall split the building into 10,000 sq.ft
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Parks and Recreation
36) Street trees of a variety approved by the Parks and
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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:
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14 NOES : None .
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16 ABSTAIN: Commissioner Romobtis
AYES : Chairman Schlehuber, Commissioners Marcus, Jose, Friestedt and Rawlins.
ABSENT: Commissioner Farrow.
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2o rTEsT:
CLARENCE SCHLEHUBER, Chairmar
CARLSBAD PLANNING COMMISSION
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