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Home My WebLink About1983-09-14; Planning Commission; Resolution 2179.. A' f 1 2 3 4 5 6 7 e 0 I PLANNING COMMISSION RESOLUTION NO. 2179 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY COMMERCIAL SUBDIVISION MODIFYING REQUIREMENTS FOR SE ACCESS ON PROPERTY GENERALLY LOCATED ON THE NORTHEAZ CORNER OF POINSETTIA LANE AND AVENIDA ENCINAS APPLICANT: JEWETT CASE NO: CT 81-5(A) CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO A I WHEREAS, a verified application for certain property wit: A portion of the east half of the northeast quarter of 8 Section 29 and the west half of Section 28, Township 12 South 9 4 west 10 has been filed with the city of Carlsbad, and referred to the Planning Commission; and 11 12 13 14 15 16 17 18 WHEREAS, said verified application constitutes a req provided by Title 21 of the Carlsbad Nunicipal Code; and WHEREAS, the Planning Commission did, on the 14th da September, 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 persc 19 Id I esiring to be heard, said Commission considereed all factors /I relating to the Tentative Tract Map and Planned Unit Developm 20 21 il NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin Commission as follows: 22 A) That the above recitations are true and correct. 23 B) That based on the evidence presented at the public hearin 24 Commission hereby APPROVES CT 81-5(A), based on the follo findings and subject to the following conditions: 25 26 27 General Plan since it is located within an area designatec commercial development by the Land Use Element of the Genc 28 Plan. Findings: 1) The proposed tentative map is consistent with the City's e 0 7 I* 1 2) The site is physically suitable for the type of developme1 since the site is adequate in size and shape to accommodai 2 commercial development. 3 4 3) The project is consistent with all City public facility p~ 6 5 and ordinances since: a) The Planning Commission has, by inclusion of an appro] condition to this project, insured that the final map not be approved unless the City Council finds that se' service is available to serve the project. In additij the Planning Commission has added a condition that a 8 not be issued for the project unless the City Enginee determines that sewer service is available, and build cannot occur within the project unless sewer service satisfied that the requirements of the Public Facilit 7 shall be placed on the final map that building permit 9 Element of the General Plan have been met insofar as 10 remains available, and the Planning Commisssion is 11 12 13 14 15 16 17 18 19 apply to sewer service for this project. b) All necessary public improvements have been provided will be required as conditions of approval. c) The appliant has agreed a.nd is required by the inclus of an appropriate condition to pay a public facilitie Performance of that contract and payment of the fee w enable this body to find that public facilities will available concurrent with need as required by the Gen Plan. 4) The proposed project is compatible with future surroundin uses since the property to the south is designated for commercial development and the requirement of a specific on this property will ensure that adequate buffers will b ~ provided from future residential development to the west north. I 20 5) The Land Use Planning Manager has determined that this pr has undergone previous environmental review and, therefor 21 issued a notice of Prior Compliance, dated October 6, 198 22 II August 1, 1983. 23 24 conditions contained in Resolution No. 2033 (CT 81-5). Conditions: 1) The Conditions contained herein shall supercede and repla 25 2) Approval is granted for CT 81-5(A), as shown on Exhibit 'I conditions. substantially as shown unless otherwise noted in these 27 file in the Land Use Planning Office. Development shall 26 "B", dated November 30, 1982, incorporated by reference E 28 //// PC RESO NO. 2179 -2- ' *- 1 3, 2 3 4) 4 5 6 7 a 5, 9 10 11 12 13 6) 0 e This project is approved upon the express condition that final map shall not be approved unless the City Council f as of the time of such approval that sewer service is ava to serve the subdivision. This project is approved upon the express condition that building permits will not be issued for development of th subject property unless the City Engineer determines that facilities are available at the time of application for s sewer permits and will continue to be available until tim occupancy. This note shall be placed on the final map, This project is approved upon the express condition that Council Policy No. 17, dated April 2, 1982, on file with City Clerk and incorporated herein by reference, and accc to the agreement executed by the applicant for payment of fee, a copy of that agreement, dated October 8, 1982, is file with the City Clerk ad incorporated herein by refere If said fee is not paid as promisd, this application will be consistent with the General Plan and approval for thiE project shall be void. Approval of this request shall not excuse compliance witl- sections of the Zoning Ordinance and all other applicable ordinances in effect at time of building permit issuance. applicant shall pay a public facilities fee as required k 14 15 other arrangement is approved by the City Council. 7) Waiter shall be provided by the City of Carlsbad unless sc xi I1 Land Use Planning 17 19 18 8, 20 21 9) The applicant shall establish a property owner's associat and corresponding covenants, conditions and restrictions, CC&R's shall be submitted to and approved by the Land Us€ Planning Manager prior to final map approval, A 500' scale map of the subdivision shall be submitted tc Land Use Planning Manager prior to the recordation of tht map, Said map shall show all lots and streets within an( adjacent to the project. 22 23 24 25 10) Al.1 landscaped areas shall be maintained in a healthy an( thriving condition, free from weeds, trash, and debris, 11) Any signs proposed for this development shall be designec conformance with the approved specific plan on this site shall require review and approval of the Land Use Plannil Manager prior to installation of such signs. 26 12) A:L1 roof appurtenances, including air conditioners, shal: 27 architecturally integrated and shielded from view and thc buffered from adjacent properties and streets to the Planning Director. 28 satisfaction of the Land Use Planning Manager and Buildi! PC RES0 NO. 2179 -3- >A e e ,I. 1 13) The applicant shall submit a street name list consistent c 2 the City's street name policy subject to the Land Use Plar Manager I s approval prior to final map approval . 3 4 5 6 7 1 r 14) The project shall provide bus stop facilities at locationr subject to the satisfaction of the North County Transit District. Said facilities shall at a minimum include a b( free from advertising, and a pole for the bus stop sign. bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project said design shall be subject to the approval of the Land Planning Manager and North County Transit District. Zngineering 8 15) The developer shall obtain a grading permit prior to the 9 commencement of any clearing or grading of the site. 10 11 12 13 16) The grading for this project is defined as "controlled gr by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a ci\ engineer whose responsibility it shall be to coordinate E inspection and testing to insure compliance of the work t the approved grading plan, submit required reports to the Engineer and verify compliance with Chapter 11 -06 of the Carlsbad Municipal Code. 14 17) No grading shall occur outside the limits of the subdivis 15 16 unless a letter of permission is obtained from the owner! the affected properties. 18) Additional drainage easements and drainage structures shi 3.7 be provided or installed as may be required by the Count; Department of Sanitation and Flood Control or the City 18 19) Land for all public streets and easements shown on the 19 Engineer. tentative map shall be dedicated on the final map and sh, 20 granted to City free and clear of all liens and encumbra: 21 20) Poinsettia Lane shall be dedicated on the final map alon subdivision frontage based on a right-of-way half width along the subdivision frontage based on a right-of-way h 22 feet. Avenida Encinas shall be dedicated on the final m 23 27 the typical sections shown on the tentative map and in 26 25 21 ) Direct access rights for all lots abutting Poinsettia La 24 width of 42 feet. of any buildings. shall be waived on the final map. 22) All public streets shall be improved by the developer ba conformance with City of Carlsbad standards prior to occ 28 PC RES0 NO. 2179 -4- ll 0 e . . .. 1 2 3 4 - 23) Approval of this tentative tract map shall expire twenty- months from the date of City Council approval unless a fi map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at discretion of the City Council. In approving an extensio City Council may impose new conditions and may revise exi conditions. 5 6 7 8 9 24) The owner shall relinquish access rights in and to Avenid Encinas from lots 1, 2, 3, 4 and 10 on the final map. 25) The developer shall offer to dedicate additional right-of over the northwest corner of the proposed lot 16 on the f map to the satisfaction of the City Engineer. The purpos this dedication is to allow for any minor realignment of Avenida Encinas should it become necessary to accomplish development of the land to the north. 10 26) Prior to the approval of the final map, the developer sha 11 obtain a Right-of-way Permit from Cal-Trans and shall corn with all required Cal-Trans dedication and improvement requirements. 12 13 14 15 16 Engineer. 17 29) Prior to the issuance of building permits, complete build 18 Department. 19 30) Additional public and/or on site fire hydrants shall be I 20 27) The developer shall pull the slopes adjacent to the intersection back away from the street to provide sight distance in accordance with City standards. 28) The development of Lots 11 through 16 shall be designed i as possible to provide for the consolidation of driveway entrances for adjacent lots to the satisfaction of the Ci plans shall be submitted to and approved by the Fire quired if deemed necessary by the Fire Marshall. 31) An all weather access road shall be maintained throughout 21 construction. 22 32) All required fire hydrants, water mains and appurtenances cul-de-sac or a hammerhead when driveway is more than 15( 33) Adequate emergency vehicle turn-arounds shall be providec 24 located on the project site. 23 be operational prior to combustible building materials be 25 I deep from property line at street. 26 shall be submitted to the Fire Department for approval PI 27 34) All fire alarm systems, fire hydrants, extinguishing syst automatic sprinklers, and other systems pertinent to the construction. 28 PC RES0 NO. 2179 -5- II ._ . i e 0 1 2 less) areas. 3 sprinklered or have four-hour fire walls with no openings 35) Building exceeding 10,000 sq.ft. aggregate floor area she therein which shall split the building into 10,000 sq.ft. 4 5 6 7 36) Due to excessive emergency response times, all structures regardless of size, shall have installed an automatic fir sprinkler system conforming to the requirements of the Ce Fire Department. This requirement may be waived by the I Marshall at such time as a fire station is placed in sen the southwest quadrant of the city, providing an adequate emergency response time is maintained. 8 Planning Commission of the city of Carlsbad, California, held 9 PASSED, APPROVED AND ADOPTED at a regular meeting of 10 14th day of September, 1983, by the following vote, to wit: 11 12 13 AYES: Commissioners Lyttleton, Farrow, Friestedt and Raw1 ins. NOES : Chairman Schlehuber, Commissioners Rombotis ar Marcus. I 14 ABSTAIN : None. 15 ABSENT : None. 16 17 18 L CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION 19 IATTEST: 11 20 21 t 22 /ILAND USE PLANNING MANAGER 23 24 25 26 27 28 PC RES0 NO. 21 79 I -6-