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Home My WebLink About1983-09-14; Planning Commission; Resolution 21750 0 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 PLANNING COMMISSION RESOLUTION NO. 2175 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A 7 LOT/124 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM ON PROPERTY GENERALLY LOCATED ON THE NORTH AND SOUT SIDES OF HOSP WAY, WEST OF EL CAMINO REAL. APPLICANT: DEVELOPMENT CONSULTANTS CASE NO. : CT 83-15/CP-241 WHEREAS, a verified application for certain propert wit: Lots 7, 8, 9, and 10 of Carlsbad Tract No. 79-27 according to Map No. 10161 filed July 30, 1981 has been filed with the City of Carlsbad, and referred to th Planning Commission; and WHEREAS, said verified application constitutes a re as provided by Title 21 'of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 14th d September, 1983, hold a duly noticed public hearing as presecribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all per: 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 above recitations are true and correct. €3) That based on the evidence presented at the public hearj Commission recommends APPROVAL of CT 83-15/CP-241, baset the following findings and subject to the following conditions: //// //// 28 //// ll , 3 I/ 0 e 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 i 21 22 23 24 25 26 27 28 ~ , ~ I I ~ Findings: 1) The project is consistent with the City's general plan the proposed density of 9.6 du's/acre is just slightly the density range of 10-20 du's/acre specified for the indicated on the land use element of the general plan. 2) The site is physically suitable for the type and densit: the development since the site is adequate in size and to accommodate residential development at the density p 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 Coun finds that sewer service is available to serve the project. In addition, the Planning Cornmission 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 net insofar as they apply to sewer service for this project. b) The Carlsbad School District has written a letter, July 7, 1983, stating that school facilities will h available to this project. c) Park-in-lieu fees are required as a condition of ap proval, however, credit may be given for any previo payment of park fees or dedication of land. 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. f) Assurances have been given that adequate sewer for project will be provided by the City of Carlsbad. 4) The proposed project is consistent with the City's Plan Development Ordinance and also complies with the Design Guidelines Manual. PC RES0 NO. 2175 2. I/ 0 0 1 5) The proposed project is compatible with the surrounding land uses since surrounding properties are designated fc 2 residential development on the general plan. 3 6) This project will not cause any significant environmenti impacts and a Negative Declaration has been issued approved by the Planning Commission on September 14, 191 4 by the Land Use Planning Manager on August 1, 1983 and 5 6 7 8 9 Conditions 1) Approval is granted for CT 83-15/CP-241, as shown on Ex1 nAQ1 - llR1lf dated August 31 I 1983[ incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 10 11 12 13 14 15 16 17 18 19 20 21 22 2) 3) 4) This project has already been allocated sewer capacity legal settlement 9052 filed August 28, 1979, Building for any additional units over and above the settlement not be issued unless the City Engineeer determines that facilities are available at the time of application for sewer permits and will continue to be available until t of occupancy. 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 tk sewer facilities are available at the time of applicati such sewer permits and will continue to be available un time of occupancy. This note shall be placed on the fi map This project is approved upon the express condition tha applicant sha.11 pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on fil the City Clerk and incorporated herein by reference, as according to the agreement executed by the applicant fc payment of said fee, a copy of that agreement, dated Mz 1983, is on file with the City Clerk and incorporated k by reference. If said fee is not paid as promised, thj application will not be consistent with the General Plz approval for this project shall be void. 23 5) Land for park purposes shall be dedicated and/or park-] final map, as per Chapter 20.44 of the City's Subdivis: 24 fees shall be paid to the City prior to the aPProva1 Oi 25 regulations. The applicant shall be credited for any previous payment of park fees or dedication Of land- 26 6) Barbeque facilities along with picnic tables and bench 27 shall be provided in the westerlymost common recreatiol to the satisfaction of the Land Use Planning Manager PI occupancy of any units in Phase 2. 28 PC RES0 NO. 2175 3, I' 9 0 e 1 7) Prior to final map approval the applicant shall submit i parking plan showing that all resident parking spaces ai 2 within 150 feet of the unit they are assigned to. 3 8) Prior to occupancy of any units, the applicant shall construct a directory sign at each entry to the norther: The design of this sign shall be approved by the Land U 4 Planning Manager and the Fire Chief. 5 portion of the roject indicating the location of each UI 6 7 9) No building shall exceed a height of 35 feet as determi 8 the City of Carlsbad Zoning Ordinance. Engineering Department 10) 9 10 11 12 13 14 15 16 17 11) 12) 13) The developer shall comply with all the rules, regulati, design requirements of the respective sewer and water a regarding services to the project. 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. All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) individual property owner (if on an individually owned An appropriately worded statement clearly identifying t responsibility shall be placed in the CC&R's. All private driveways shall be kept clear of parked veh at all times, and shall have posted "No Parking/Fire La Away Zone" pursuant to Section 17.04.040, Carlsbad Muni Code . 18 19 20 21 14) Approval of tnis 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. 22 15) Any remaining public improvements on Hosp Way and Marrc 25 recordation of the final map. 24 conform to the City of Carlsbad standards prior to 23 adjacent to the subdivision frontage shall be installed remain in common ownership in perpetuity. A condition 17) No individual lots may be sold separately and all lots 27 maintained as open space. 26 subject property along Marron Road shall be privately the satisfaction of the City Engineers that the slopes 28 requiring this shall be placed in the CC&R's and subjec the approval of the City Engineer prior to the final mi approval . 16) Prior to final map approval, the applicant shall guarar PC RESO NO. 21 75 4. I. 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 i 21 22 23 24 25 26 27 28 I I I ~ ~ Fire Department 18) Additional public and/or on site fire hydrants shall be quired if deemed necessary by the Fire Marshall. 19) 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. 20) All required fire hydrants, water mains and appurtenanc shall be operational prior to combustible building mate being located on the project site. 21 ) Brush clearance shall be maintained within a minimum di of 30 feet to each residence. 22) All fire alarm systems, fire hydrants, extinguishing sy automatic sprinklers, and other systems pertinent to th project shall be submitted to the Fire Department for E prior to construction. 23) Building exceeding 10,000 sq.ft. aggregate floor area E sprinklered or have four-hour fire walls with no openir therein which shall split the building into 10,000 sq.f less) areas. PASSED, APPROVED AND ADOPTED at a regular meeting c Planning Commission of the City of Carlsbad, California, he1 the 14th day of September, 1983, by the following vote, to k AYES: Chairman Schlehuber, Commissioners Marcus, NOES: None. ABSENT : None. ABSTA1N:Commissioner Rombotis. Lyttleton, Farrow, Friestedt and Rawlins. A p&&." L!& CLARENCE SCHLEHUBER, Chair CARLSBAD PLANNING COMMISSI ATTEST : LAND USE PLANNING MANAGER ~ PC RES0 NO. 2175 i 5. j