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HomeMy WebLinkAbout1983-08-24; Planning Commission; Resolution 2165II a a 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 PLANNING COMMISS'I'ON 'RESOLUTION NO. 2165 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING A 7-UNIT TENTATIVE ' MAP AND CONDOMINIUM PERMIT ON PROPERTY LOCATED ON .. AT 170 WALNUT AVENUE. APPLICANT: BUZZA CASE NO: CT 83-14/CP-240 WHEREAS, a verified application for certain propert: [/wit: A portion of tracts 201 and 202 if Thum Lands, acco. to Map No. 1681 filed in San Diego County on Decernbl 1915, has been filed with the City of Carlsbad, and referred to thi Planning commission; and WHEREAS, said verified application constitutes a re1 as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 24th d August, , 1983, hold a duly noticed public hearing as prescr law, to consider said request; and WHEREAS, at said public hearing, upon hearing and 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 and Condominium Permit; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni Commission as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hear the Commission hereby APPROVES CT-83-14/CP-240, based o following findings and subject to the following conditi I1 Findings: 1) The project is consistent with the City's general plan the proposed density of 23.3 du's/acre is within the de range of 20-30 du's/acre specified for the site as indi on the land use element of the general plan, I1 0 0 1 II A 2) The project is consistent with all City public facility 2 icies and ordinances since: 3 4 5 6 7 8 9 10 11 12 13 I ~ 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 Coun finds that sewer service is available to serve the project. In addition, the Planning Commission has condition that a note shall be placed on the final that building permits may not be issued for the pro unless the City Engineer determines that sewer serv available, and building cannot occur within the pro unless sewer service remains available, and the Pla Commission is satisfied that the requirements of th public facilities element of the general plan have met insofar as they apply to sewer service for this project. b)l School fees will be paid to ensure the availability school facilities in the Carlsbad Unified School Di school district. b)2 The Carlsbad School District has written a letter, June 22, 1983, stating that school facilities will available to this project. 14 15 proval. c) Park-in-lieu fees are required as a condition of ap 16 17 18 19 20 d) All necessary public improvements have been provide will be required as conditions of approval. e) The applicant has agreed and is required by the inc of an appropriate condition to pay a public facilit fee. Performance of that contract and payment of t will enable this body to find that public facilitie be available concurrent with need as required by th general plan. 21/13) The proposed project is consistent with the City's Plan Development Ordinance. 22 114) The proposed project is compatible with the surrounding 23 24 land uses since surrounding properties are designated f Planning Commission on August 24, 1983. 26 Use Planning Manager on July 19, 1983 and approved by t impacts and a Negative Declaration has been issued by t 25 5) This project will not cause any significant environment residential development on the general plan. 27 11 //// 28 //// II PC RES0 NO. 2165 2. I/ e 0 1 2 3 4 5 6 7 Conditions: 1 ) Approval is granted for CT 83-14/CP-240, as shown on Ex1 "A", r'B1', "C", "D" and "E", dated August 4, 1983, incor] by reference and on file in the Land Use Planning Off icc Development shall occur substantially as shown unless 0' noted in these conditions. 2) This project is approved upon the express condition tha final map shall not be approved unless the City Council to serve the subdivision. as of the time of such approval that sewer service is a 8 3, 9 10 11 12 13 14 15 16 4) This project is approved upon the express condition tha building permits will not be issued for development of subject property unless the City Engineer determines th facilities are available at the time of application for sewer permits and will continue to be available until t occupancy. This note shall be placed on the final map. This project is approved upon the express condition tha applicant shall pay a public facilities fee as required Council Policy No. 17, dated April 2, 1982, on file wit City Clerk and incorporated herein by reference, and ac to the agreement executed by the applicant for payment fee, a copy of that agreement, dated June 30, 1983, is with the City Clerk and incorporated herein by referenc said fee is not paid as promised, this application will consistent with the General Plan and approval for this shall be void. 17 the Carlsbad Municipal Code. 18 5) The applicant shall pay park-in-lieu fees to the City, the approval of the final map as required by Chapter 20 19 16) 20 21 22 23 24 7) 8) The applicant shall provide school fees to mitigate con of overcrowding as part of building permit application. fees shall be based on the fee schedule in effect at th of building permit application. Approval of this request shall not excuse compliance wi sections of the Zoning Ordinance and all other applicak ordinances in effect at time of building permit issuanc This approval shall become null and void if building PE are not issued for this project within one year from tk of project approval . 25 other arrangement is approved by the City Council. 26 ' 9) Water shall be provided by the City of Carlsbad unless : 27 //// ll 28 //// PC RES0 NO. 2165 If 3. ll e 0 1 Land Use Plannincr Office I1 d 2 10) The applicant shall prepare a reproducible mylar of the 3 site plan incorporating the conditions contained herein, site plan shall be submitted to and approved by the Lanc 4 Planning Manager prior to the issuance of building perm: 5 11) The applicant shall establish a homeowner's association 6 corresponding covenants, conditions and restrictions. ! CC&R's shall be submitted to and approved by the Land UI 7 Planning Manager prior to final map approval. 12) The applicant shall prepare a detailed landscape and ir. Planning Manager prior to the issuance of building perm 9 13) All landscaped areas shall be maintained in a healthy a a plan which shall be submitted to and approved by the La: 10 thriving condition, free from weeds, trash, and debris. I1 14) 12 13 14 15 15) 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, 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. 16 16) All roof appurtenances, including air conditioners, sha 17) Approval of Tentative Tract No. 83-14/CP-240 is granted 19 Land Use Planning Manager and Building and Planning Dir 18 Building Department Policy No, 80-6, to the satisfactio buffered from adjacent properties and streets, pursuant 17 architecturally integrated and shielded from view and t I to approval Variance No. 349. 2o IiEngineering 21 18) The developer shall obtain a grading permit prior to th 22 commencement of any clearing or grading of the site, 23 24 25 26 27 28 19) The grading for this project is defined as "regular gra Section 11.06.170(a) of the Carlsbad Municipal Code. 3 developer shall submit a grading plan for approval whic include all required drainage structures and any requir erosion control measures. The developer shall also Suk soils, geologic or compaction reports if required and E comply with all provisions of Chapter 11-06 of the Carl Municipal Code. //// PC RES0 NO. 2165 4, ll a e ll 1 2 20) NO grading shall occur outside the limits of the subdivi: unless a letter of permission is obtained from the owner: the affected properties. 3 4 5 6 7 21) 22) a Prior to the issuance of a grading permit, the haul rout1 be submitted for review and approved by the City Enginee separate grading plan shall be submitted and approved an1 separate grading permit issued for the borrow or disposa if located within the city limits. The developer shall pay the current local drainage area prior to approval of the final map or shall construct dr systems in conformance with the Master Drainage Plan and of Carlsbad Standards as required by the City Engineer. g 23) The developer shall comply with all the rules, regulatio design requirements of the respective sewer and water as 10 regarding services to the project. 11 24) The design of all private streets and drainage systems : approved by the City Engineer prior to approval of the 1 All private streets and drainage systems shall be inspec: 13 conform to City of Carlsbad Standards based on R-value t map . inspection fees shall be paid prior to approval of the 1 14 the city, and the standard improvement plan check and 12 map. The structural section of all private streets shal 15 16 17 18 19 20 21 22 23 24 25 26 27 I '25) All private streets and drainage systems shall be maint; the homeowner's association in perpetuity. This respons shall be clearly stated in the CC&R's. 26) All private driveways shall be kept clear of parked vel all times, and shall have posted "No Parking/Fire Lane r Zone" pursuant to Section 17.04.040, Carlsbad Municipal 27) 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 City Council may impose new conditions and may revise e conditions. 28) Pursuant to the provisions of Section 20.20.050(1) of t Carlsbad lviunicipal Code, a parcel map may be filed in 1 final map. Whenever reference is made in these conditi final map, the reference shall apply also to a parcel II in lieu thereof. Fire Department .- . 29) Additional public and/or on site fire hydrants shall be 28 quired if deemed necessary by the Fire Marshall. PC RES0 NO. 2165 5. I/ a 0 II -. I/ I 30) The applicant shall submit two (2) copies of a site plan site roads and drives subject to the approval of the Fir Marshall. 2 showing locations of existing and proposed fire hydrants 3 4 31) All required fire hydrants, water mains and appurtenance be operational prior to combustible building materials k 5 located on the project site. 6 32) All private driveways shall be kept clear of parked vehi all times, and shall have posted "No Parking/Fire Lane 1 7 Zone" pursuant to Section 17.04.040, Carlsbad Municipal 8 33) Fire retardant roofs shall be required on all structures 9 10 11 12 13 34) All fire alarm systems, fire hydrants, extinguishing sys automatic sprinklers, and other systems pertinent to tht project shall be submitted to the Fire Department for a] prior to construction. 35) Building exceeding 10,000 sq.ft. aggregate floor area sj sprinklered or have four-hour fire walls with no openinl therein which shall split the building into 10,000 sq.f less) areas. 14 I) 36) Building wall materials shall be of a flame retardent v subject to approval of the fire marshall. 15 16 17 PASSED, APPROVED AND ADOPTED at a regular meeting 0 Planning Commission of the City of Carlsbad, Califo held on the 24th day of August, 1983, by the follow vote, to wit: l8 i AYES: Chairman Schlehuber, Commissioners Rombot Farrow, Lyttleton, Friestedt and Rawlins. NOES: None . ABSENT: Commissioner Marcus. 19 I 20 21 22 23 ABSTAIN: None- A 3 CLARENCE SCHLEHUBER, CARLSBAD PLANNING COP 24 /I ATTEST : 25 26 27liLand Use Planning Manager 281(PC RES0 NO. 2165 6.