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HomeMy WebLinkAbout1983-07-27; Planning Commission; Resolution 2153r I e e 1 11 PLANNING COMMISSION RESOLUTION NO. 2153 2 3 4 5 6 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A THREE LOT/SEVENTY-TWO UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON A 11.3 ACRE PARCEL ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF ALICANTE ROAD AND ZAMORA WAY. APPLICANT: T.P.B. INVESTMENT CASE NO: CT 82-26/CP-223 WHEREAS, a verified application for certain property j; it: Parcel 3 of Parcel Map 11722 filed October 9, 1981 West, San Bernardino Meridian, 9 and a portion of Section 36, Township 12 South, Ran5 10 11 Ipas been filed with the City of Carlsbad, and referred to the 12 13 14 15 16 17 18 19 20 Planning Commission: and WHEREAS, said verified application constitutes a reg as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 27th da of July, 1983, hold a duly noticed public hearing as prescrik law, to consider said request; and WEEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of a11 persc esiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Condominium Permit; a NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin 211 22 23 Commission as follows: 24 (A) That the foregoing recitations are true and correct. 25 (B) That based on the evidence presented at the public heari the Commission recommends APPROVAL of CT 82-26/CP-223, k on the following findings and subject to the following 26 conditions: 27 [I//// 28 //// I e (I) 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 iB ind ing s : 1) Although the proposed density of 6.3 du's/acre is below density range of 10-20 du's/acre specified for the site indicated on the Land Use Element of the General Plan, t slightly lower density can be justified for the reasons in the staff report. 2) The site is physically suitable for the type and density the development since the site is adequate in size and s to accommodate residential development at the density pr posed. 3) 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 is available to serve the project. In addition, the Planning Commission has a condition that a note shall be placed on the final n that building permits may not be issued for the proj unless the City Engineer determines that sewer servi available, and building cannot occur within the proj unless sewer service remains available, and the Plar Commission is satisfied that the requirements of the public facilities element of the general plan have k met insofar as they apply to sewer service for this project. b) The San Marcos School District has written a letter, December 1, 1982, stating that school facilities wil available to this project. c) Park-in-lieu fees are required as a condition of ap- i proval. 11 d) All necessary public improvements have been providec will be required as conditions of approval, e) 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 facilitie: be available concurrent with need as required by thc general plan. 4) The proposed project is consistent with the City's Planr Development Ordinance and also complies with the Design Guidelines Manual. //// PC RES0 NO. 2153 I/ 2. '.' 1 1. ond i t ions : e 2 1) Approval is granted for CT 82-26/CP-223, as shown on Exhibits "A" - I'F", dated December 17, 1982, incorporate 3 4 reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions, 5 2) This project is approved upon the express condition that 6 final map shall not be approved unless the City Council as of the time of such approval that sewer service is 7 available to serve the subdivision, 3) 8 9 10 11 12 13 14 15 16 4) This project building perm sub j ect prope sewer facilit is approved upon the express condition that its will not be issued for development of t rty unless the City Engineer determines thz ies are available at the time of applicatic such sewer permits and will continue to be available unt time of occupancy, This note shall be placed on the fir map. This project is approved upon the express condition that 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 De( 1, 1982, is on file with the City Clerk and incorporate( herein by reference. If said fee is not paid as promis< this application will not be consistent with the Genera: and approval for this project shall be void. 17 5) The applicant shall pay park-in-lieu fees to the City, f: of the Carlsbad Municipal Code. 18 to the approval of the final map as required by Chapter 6) The applicant shall provide school fees to mitigate con( 19 of overcrowding as part of building permit application. of building permit application. 20 fees shall be based on the fee schedule in effect at thl 21 22 7) Approval of this request shall not excuse compliance wi, sections of the Zoning Ordinance and all other applicab ordinances in effect at time of building permit issuancl 23 24 ILand Use Planning Off ice 25 8) The applicant shall prepare a reproducible mylar of the site plan incorporating the conditions contained herein site plan shall be submitted to and approved by the Lanl 26 Planning Manager prior to the issuance of building perm 27 9) The applicant shall establish a homeowner's association 28 CC&R's shall be submitted to and approved by the Land U corresponding covenants, conditions and restrictions. Planning Manager prior to final map approval. PC RES0 NO. 2153 3. I * e 1 2 permits. 3 tion plan which shall be submitted to and approved by tl 10) The applicant shall prepare a detailed landscape and ir: Use Planning Manager prior to the issuance of building 4 5 11) All parking lot trees shall be a minimum of 15 gallons thriving condition, free from weeds, trash, and debris. 6 12) All landscaped areas shall be maintained in a healthy a. size. 7 8 13) 9 10 11 14) Any signs proposed for this development shall be designc conformance with the City's Sign Ordinance and shall re( review and approval of the Land Use Planning Manager pr installation of such signs. Trash receptacle areas shall be enclosed by a six-foot : masonry wall with gates pursuant to City standards. Lo' of said receptacles shall be approved by the Land Use P Manager. 12 15) All roof appurtenances, including air conditioners, sha the Land Use Planning Manager and Building and Planning 14 to Building Department Policy No. 80-6, to the satisfac sound buffered from adjacent properties and streets, pu 13 architecturally integrated and shielded from view and t: Director. 15 16) The proposed retaining walls shall have architectural 16 treatment and landscaping to the satisfaction of the La] Planning Manager and shall not exceed a height of six ft 17 17) The proposed fire access roads adjacent to Building Nos 18 23 as shown on Exhibit "B" shall have signs denoting thi are for emergency access only. 19 subject to approval of SUP-7. 20 I/ 18) Approval of Tentative Tract CT 82-26/CP-223 is granted 21 19) A maximum of six model home units may be constructed pr 23 recordation of a final map provided that adequate provii are made guaranteeing removal of such complex if the fii is not recorded. 24 Engineering Department 25 20) The developer shall obtain a grading permit prior to thc 26 27 by Section 11.06.170(a) of the Carlsbad Municipal Code. 2% 22 acceptable to the Land Use Planning Manager and City At. commencement of any clearing or grading of the site. 21) The grading for this project is defined as "regular grac developer shall submit a grading plan for approval whicl include all required drainage structures and any requirc PC RES0 NO. 2153 4. li 0 0 1 2 3 erosion control measures. The developer shall also sub1 soils, geologic or compaction reports if required and SI comply with all provisions of Chapter 11.06 of the Carl; Municipal Code. 4 22) No grading shall occur outside the limits of the subdiv unless a letter of permission is obtained from the owne. 5 the affected properties. 6 23) Prior to the issuance of a grading permit, the haul rou shall be submitted for review and approved by the City approved and a separate grading permit issued for the bc 7 or disposal site if located within the city limits. a Engineer. A separate grading plan shall be submitted a1 9 24) 10 11 12 13 14 26) 15 16 17 18 25) 27) 28) All slopes within this project shall be no steeper than 2:l. Additional drainage easements and drainage structures SI provided or installed as may be required by the County Department of Sanitation and Flood Control or the City neer. Direct access rights for all lots abutting Alicante Roac Zamora Way shall be waived on the final map. The developer shall install street lights along all pub- private street frontages in conformance with City of Cal Standards. The developer shall install street trees at the equivalc 40-fOOt intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees be of a variety selected from the approved Street Tree 1 19 129) The developer shall install sidewalks along all public I to occupancy of any buildings. frontages in conformance with City of Carlsbad Standard: 2o i 21 22 23 24 25 30) The developer shall install a wheelchair ramp at the pul street corner abutting the subdivision in conformance w City of Carlsbad Standards prior to occupancy of any bu ings. 31) The developer shall comply with all the rules, regulatic design requirements of the respective sewer and water a< regarding services to the project. 32) 26 27 28 The design of all private streets and drainage systems : be approved by the City Engineer prior to approval of tk final map. The structural section of all private street shall conform to City of Carlsbad Standards based on R-r tests. All private streets and drainage systems shall 1 inspected by the city, and the standard improvement plar and inspection fees shall be paid prior to approval of 1 final map. \!PC RES0 NO. 2153 5. .. /I m 0 1 2 3 4 5 6 7 8 9 33) 34) 35) All private streets and drainage systems shall be maint by the homeowner's association in perpetuity. This res sibility shall be clearly stated in the CC&R's. Approval of this tentative tract map shall expire twent, 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 extens the City Council may impose new conditions and may revi: existing conditions. Prior to approval of final map, the existing twelve foo access easement along the southwest boundary of the pro development shall be vacated. (/Fire Department 10 ~~ 36) Additional public and/or on site fire hydrants shall be 11 quired if deemed necessary by the Fire Marshall. 12 13 14 15 37) The applicant shall submit two (2) copies of a site pla~ showing locations of existing and proposed fire hydrant: on site roads and drives subject to the approval of the Marshall. 38) An all weather access road shall be maintained throughoi construction. 16 39) All required fire hydrants, water mains and appurtenancc key operated override switch, as specified by the Fire I 40) Proposed security gate systems shall be provided with "I 18 being located on the project site. 17 shall be operational prior to combustible building mater 19 partment. I 20 21 22 23 24 25 41 1 42) 43) All private driveways shall be kept clear of parked vehl at all times, and shall have posted "NO Parking/Fire Lar Away Zone" pursuant to Section 17.04.040, Carlsbad Munic Code. Fire retardant roofs shall be required on all structureE All fire alarm systems, fire hydrants, extinguishing sys automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for ax prior to construction. Building exceeding 10,000 sq.ft. aggregate floor area sh sprinklered or have four-hour fire walls with no opening therein which shall split the building into 10,000 sq.ft less) areas. 45) The water main should be connected to Almaden Lane and t Alicante Road as shown on the tentative map rather then Zamora Way. PC RES0 NO. 2153 6. ., c e e 1 2 47) No existing street trees shall be removed unless writte 4 Parks and Recreation 3 unobstructed access, approval is given by the Parks and Recreation Departmen 5 6 7 8 9 46) All streets shall have a minimum width of 16 feet of 48) No trees shall be planted within 10 feet of the curb. PASSED, APPROVED AND ADOPTED at a regular meeting 0 Planning Commission of the City of Carlsbad, California, he1 the 27th day of July, 1983, by the following vote, to wit: lo ll AYES: C0mmissiOners Marcus, Rombotis, Farrow, LYttletOn, Friestedt and Rawlins, 11 ABSENT: Chairman Schlehuber 12 NOES: None. 13 ABSTAIN: None 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAND USE PLANNING MANAGER PC RES0 NO. 2153 7.