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HomeMy WebLinkAbout1983-07-27; Planning Commission; Resolution 2157e 1 /I PLANNING COMMISSION RESOLUTION NO. 2157 2 3 4 5 6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT FOR 131 UNITS ON 6.7 ACRES ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF MARRON ROAD AND AVENIDA DE ANITA. APPLICANT: ELDER CASE NO: CT 83-13/CP-237 WHEREAS, a verified application for certain property 7 l\it: a 9 LO I1 A portion of Lot "J" of the Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Offic the County Recorder, November 16, 1896, and a portio Government Lot No. 3, Section 32, Township 11 South, Range 4 West, San Bernardino Meridian, in the City o Carlsbad, County of San Diego, according to official thereof, 12 law, to consider said request; and 18 Df July, 1983, hold a duly noticed public hearing as prescribe 17 WHEREAS, the Planning Commission did, on the 27th da: 16 as provided by Title 21 of the Carlsbad Municipal Code; and l5 WHEREAS, said verified application constitutes a reql 14 planning Commission; and 13 .?as been filed with the City of Carlsbad, and 'referred to the 19 WHEREAS, at said public hearing, upon hearing and 20 27 (E) That based on the evidence presented at the public hearir, 26 (A) That the foregoing recitations are true and correct. z5 Commission as follows: 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin2 23 relating to the Tentative Tract Map and Condominium Permit; ar 22 desiring to be heard, said Commission considered all factors 21 considering all testimony and arguments, if any, of all persol the Commission recommends APPROVAL of CT 83-13/CP-237, ba on the following findings and subject to the following 28 conditions: I /I 0 0 1 L- indings: 21 3 4 5 6 L ) The project is consistent with the City's general plan s the proposed density of 19.5 du's/acre is within the den range of 10-20 du's/acre specified for the site as indic on the land use element of the general plan, I) 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 , 'I ) The project is consistent with all City public facility 8 icies and ordinances since: 9 10 11 12 13 14 15 16 17 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 m 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 Plan Commission is satisfied that the requirements of the public facilities element of the general plan have b met insofar as they apply to sewer service for this project. b) The Carlsbad School District has written a letter, d, May 26, 1983, stating that school facilities will be available to this project. 18 19 2o I 21 22 23 24 25 c) Park-in-lieu fees are required as a condition of ap- proval. d) All necessary public improvements have been provided will be required as conditions of approval. l e) The applicant has agreed and is required by the incll of an appropriate condition to pay a public facilitil fee. Performance of that contract and payment of thl will enable this body to find that public facilities be available concurrent with need as required by the general plan, f) Assurances have been given that adequate sewer for tl project will be provided by the City of Carlsbad, 26 Guidelines Manual. 27 4) The proposed project is consistent with the City's Plannc Development Ordinance and also complies with the Design 28 PC RES0 NO, 2157 2. I1 0 e 1 5) This project will not cause any significant environmenta impacts and a Conditional Negative Declaration has been by the Planning Commission on July 27, 1983. 2 by the Land Use Planning Manager on July 6, 1983 and app 3 4 5 Exhibits "A" - "H", dated July 27, 1983, incorporated by reference and on file in the Land Use Planning Office. 6 Development shall occur substantially as shown unless 7 otherwise noted in these conditions. 8 final map shall not be approved unless the City Council as of the time of such approval that sewer service is Conditions: 1) Approval is granted for CT 83-13/CP-237, as shown on 2) This project is approved upon the express condition that 9 available to serve the subdivision. 10 11 12 13 3) This project is approved upon the express condition that building permits will not be issued for development of t subject property unless the City Engineer determines tha sewer facilities are available at the time of applicatio such sewer permits and will continue to be available unt time of occupancy. This note shall be placed on the fin map . 14 4) 15 16 17 18 19 20 21 5) 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 file the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated Juri' 1983, is on file with the City Clerk and incorporated he by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan approval for this project shall be void. The applicant shall pay park-in-lieu fees to the City, p to the approval of the final map as required by Chapter of the Carlsbad Municipal Code. 22 6) Approval of this request shall not excuse compliance wit sections of the Zoning Ordinance and all other applicabl ordinances in effect at time of building permit issuance 23 7) Water shall be provided by the City of Carlsbad unless sc 24 other arrangement is approved by the City Council. 25 8) The applicant shall prepare a reproducible mylar of the : site plan incorporating the conditions contained herein. 26 site plan shall be submitted to and approved by the Land 27 Planning Manager prior to the issuance of building permi, //// PC RES0 NO. 2157 3. 0 0 1 9) The applicant shall establish a homeowner's association 2 3 4 5 ' 11) A 500' scale map of the subdivision shall be submitted t 7 Land Use Planning Manager prior to the recordation of th final map. Said map shall show all lots and streets wit 8 and adjacent to the project. 9 12) All parking lot trees shall be a minimum of 15 gallons i lo 13) A11 landscaped areas shall be maintained in a healthy an 11 12 14) Any signs proposed for this development shall be designe conformance with the City's Sign Ordinance and shall req 13 review and approval of the Land Use Planning Manager pri installation of such signs, l4 15) A uniform sign program for this development shall be sub. 15 to the Land Use Planning Manager for his review and apprc prior to occupancy of any building. 16'16) Trash receptacle areas shall be enclosed by a six-foot h: 17 masonry wall with gates pursuant to City standards. Loci of said receptacles shall be approved by the Land Use P1i 18 Manager . 19'17) All roof appurtenances, including air conditioners, shal: 20 architecturally integrated and shielded from view and tht sound buffered from adjacent properties and streets, pun Director. to Building Department Policy No. 80-6, to the satisfactj corresponding covenants, conditions and restrictions. S CC&R's shall be submitted to and approved by the Land Us Planning Manager prior to final map approval. 18) The applicant shall prepare a detailed landscape and irr tion plan which shall be submitted to and approved by th Use Planning Manager prior to the issuance of building permits. size. thriving condition, free from weeds, trash, and debris. 21 the Land Use Planning Manager and Building and Planning 22'8) 23 Approval of Tentative Tract No. 83-13 is granted subject project. The location of said carports shall be shown or 25 covering five spaces, in the southeastern portion of the The applicant shall provide an additional carport structl 24'9) approval of Zone Change 283. Manager. 26 final site plan and approved by the Land Use Planning 27 p// 28 /// i C RES0 NO. 2157 4. 0 0 1 /engineering Department 2 0) The developer shall obtain a grading permit prior to the 3 2 commencement of any clearing or grading of the site. 4 5 6 7 21 1 The grading for this project is defined as "regular grad by Section 11.06.170(a) of the Carlsbad Municipal Code, developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures. The developer shall submit soils, geologic or compaction reports if required shall comply with all provisions of Chapter 11-06 of the Carlsbad Municipal Code, 8 22) No grading shall occur outside the limits of the subdivi unless a letter of permission is obtained from the owner 9 the affected properties. 10 11 23) All slopes within this project shall be no steeper than 12 24) Marron Road shall be dedicated by the subdivider along t subdivision frontage based on a centerline to right-of-w width of 42 feet and in conformance with City of Carlsba Standards prior to filing of the final map. 13 14 granted to the City, without cost to the City, free and 15 16 26) Marron Road shall be improved by the subdivider along th subdivision frontage based on a centerline to curb face of 32 feet and in conformance with City of Carlsbad Stan 18 the subdivider may agree to defer installation of the im ments to a specified time but no later than occupancy of buildings. The agreement shall be secured as provided b 27) The developer shall install sidewalks along all public s 25) All land and/or easements required by this project shall of all liens and encumbrances. 17 frontages in conformance with City of Carlsbad Standards 20 I 19 prior to filing the final map or, if the City Engineer a 21 22 28) The developer shall install a wheelchair ramp at the pub street corner abutting the subdivision in conformance wi City of Carlsbad Standards concurrent with the street 23 improvements. 24 29) The developer shall comply with all the rules, regulatio design requirements of the respective sewer and water ag 25 regarding services to the project. concurrent with the street improvements, 26 //// 27 //// 28 PC RES0 NO, 2157 5, I, . ll 0 e 130) 2 3 4 5 6 7 31 1 The design of all approved by the Ci map. The structur private streets and drainage systems s ,ty Engineer prior to approval of the f sal section of all private streets shal conform to City of Carlsbad Standards based on R-value t All private streets and drainage systems shall be inspec the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of the f map. All private streets and drainage systems shall be mainta the homeowner's association in perpetuity. This respons shall be clearly stated in the CCbR's. 32) All private driveways shall be kept clear of parked vehi 8 all times, and shall have posted "NO Parking/Fire Lane T 9 Zone" pursuant to Section 17.04.040, Carlsbad Nunicipal 33) Approval of this tentative tract map shall expire twenty 10 months from the date of City Council approval unless a f 11 map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied a discretion of the City Council. In approving an extensi 12 City Council may impose new conditions and may revise ex 13 j/ conditions. 14 4O-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees 15 be of a variety selected from the approved Street Tree L l6 Fire Department 17 35) Additional public and/or on site fire hydrants shall be 18 quired if deemed necessary by the Fire Marshall. 19 36) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants site roads and drives subject to the approval of the Fir 21 bi') AR all weather access road shall be maintained throughou 34) The developer shall install street trees at the equivale 20 1 Marshall. 22 I1 construction. 23 38) All required fire hydrants, water mains and appurtenance be operational prior to combustible building materials b located on the project site. 24 39) Proposed security gate system shall be provided with "K 25 I key operated override switch, as specified by the Fire D 26 I1 partment. iii All private driveways shall be kept clear of parked vehi all times, and shall have posted "NO Parking/Fire Lane T Zone" pursuant to Section 17.04.040, Carlsbad Municipal C RES0 NO. 2157 6. .I e 0 1 2 41) Fire retardant roofs shall be required on all structure: 42) Brush clearance shall be maintained within a minimum di: 3 of 30 feet to each residence. 4 PASSED, APPROVED AND ADOPTED at a regular meeting ol 5 the 27th day of July, 1983, by the following vote, to wit: 6 Planning Commission of the City of Carlsbad, California, helc 7 8 9 10 11 12 13 AYES: Commissioners Marcus, Rombotis, Farrow, Lyttleton, Friestedt and Rawlins. NOES: None. ABSENT: Chairman Schlehuber. ABSTAIN : None . PLANNING COMMISSIC 14 ATTEST : 11 15 16 17 18 19 20 21 22 23 2 24 11 25 26 27 28 PC re50 NO. 2157 7.