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HomeMy WebLinkAbout1983-09-14; Planning Commission; Resolution 2180d 1 2 3 4 5 6 7 a 9 10 B) e PLANNING COMMISSION RESOLUTION NO. 2180 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO A 12 COMMERCIAL SUBDIVISION MODIFYING REQUIREMENTS FOR A SECONDARY ACCESS ON PROPERTY GENERALLY LOCATED ON TH SOUTHEAST CORNER OF POINSETTIA LANE AND AVENIDA ENCIF APPLICANT: JEWETT CASE NO.: CT 81-6(A) ., ~~ ~ ~~ ~ ~ ~~~ ~~ ~~~ ~~~~~~ ~~~ ~~~ ~ ~ ~~~~ WHEREAS, a verified application for certain property wit: A portion of Section 28 and a portion of Section 29, Township 12 South, Range 4 West and Lot 171 accordinl Map thereof No. 7996, filed August 5, 1974 I 11 relating to the Tentative Tract Map and Planned Unit Developmt 21 desiring to be heard, said Commission considered all factors 20 considering all testimony and arguments, if any, of all persoc 19 WHEREAS, at said public hearing, upon hearing and 18 by law to consider said request; and 27 September, 1983, hold a duly noticed public hearing as prescr: 16 WHEREAS, the Planning Commission did, on the 14th da! 15 as provided by Title 21 of the Carlsbad Municipal Code; and 14 WHEREAS, said verified application constitutes a reql 13 Planning Commission; and 12 has been filed with the city of Carlsbad, and referred to the 22 Commission as follows: 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin! B) That based on the evidence presented at the public hearins 25 A) That the above recitations are true and correct. 24 Commission hereby APPROVES CT 81-6(A), based on the follov 26 findings and subject to the following conditions: 27 //// 28 //// !I 0 Q :L Findings 1 2 1) The project is consistent with the City's General Plan s the proposed commercial subdivision is consistent with t: indicated on the Land Use Element of the General Plan. 3 Community Commercial designation specified for the site 4 2) The site is physically suitable for the type and density accommodate residential development at the density propo 5 development since the site is adequate in size and shape 6 7 icies and ordinances since: 3) The project is consistent with all City public facility 8 9 10 11 12 13 14 a) The Planning Commission has, by inclusion of an appr condition to this project, insured that the final ma not be approved unless the City Council finds that s service is available to serve the project. In addit the Planning Commission has added a condition that z shall be placed on the final map that building permj not be issued for the project unless the City Engine determines that sewer service is available, and buil cannot occur within the project unless sewer servicc remains available, and the Plann.ing Commission is si that the requirements of the public facilities elemc the general plan have been met insofar as they appll sewer service for this project. 15 11 b) All necessary public improvements have been providec will be required as conditions of approval. 16 17 18 19 ! I c) The applicant has agreed and is required by the incl of an appropriate condition to pay a public faciliti Performance of that contract and payment of the fee enable this body to find that public facilities will available concurrent with need as required by the gc plan. 20 4) This project will not cause any significant environment; Prior Environmental Compliance, dated October 6, 1982 a impacts and has undergone previous environmental review 21 August 1, 1983. 22 therefore, the Land Use Planning Manager has issued a Ni 23 General Conditions: 24 25 26 27 28 1) The conditions contained herein shall supercede and rep all conditions contained in Resolution No. 2035 (CT 81- 2) Approval is granted for CT 81-6(A), as shown on Exhibit dated December 8, 1982, incorporated by reference and o in the Land Use Planning Office. Development shall occ substantially as shown unless otherwise noted in these conditions. PC RESQ NO. 2180 -2- 1 1 3, 2 3 4) 4 5 6 7 5, 8 9 10 11 12 13 6) e 0 This project is approved upon the express condition that final map shall not be approved unless the City Council as of the time of such approval that sewer service is av to serve the subdivision. 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 facilities are available at the time of application for sewer permits and will continue to be available until ti occupancy. This note shall be placed on the final map. This project is approved upon the express condition that applicant shall pay a public facilities fee as required Council Policy No. 17, dated April 2, 1982, on file with City Clerk and incorporated herein by reference, and acc to the agreement executed by the applicant for payment c fee, a copy of that agreement, dated October 7, 1982, is file with the City Clerk and incorporated herein by refe If said fee is not paid as promised, this application wi be consistent with the General Plan and approval for thi project shall be void. 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 14 15 16 19 18 8) The applicant shall establish a homeowner's association 17 Land Use Planning 7) Water shall be provided by the City of Carlsbad unless E other arrangement is approved by the City Council. corresponding covenants, conditions and restrictions. S CC&R's shall be submitted to and approved by the Land UE Planning Manager prior to final map approval. 6) A 500' scale map of the subdivision shall be submitted t map. Said map shall show all lots and streets within ar 20 adjacent to the project. 21 Land Use Planning Manager prior to the recordation of tt 22 23 10) All landscaped areas shall be maintained in a healthy ar buffered from adjacent properties and streets, pursuant 27 architecturally integrated and shielded from view and tk 12) All roof appurtenances, including air conditioners, shal 26 installation of such signs. 25 review and approval of the Land Use Planning Manager pri conformance with the City's Sign Ordinance and shall rec 24 11) Any signs proposed for this development shall be design€ Land Use Planning Manager and Building and Planning Dirc 28 Building Department Policy No. 80-6, to the satisfactior thriving condition, free from weeds, trash, and debris. PC RES0 NO. 2180 -3- If I/ 0 0 1 13) The applicant shall submit a street name list consistent the City's street name policy subject to the Land Use P1 2 Manager's approval prior to final map approval. 3' 4 5 6 7 E c 4) The project shall provide bus stop facilities at locatio subject to the satisfaction of the North County Transit trict. Said facilities shall at a minimum include a ben free from advertising, and a pole for the bus stop sign. bench and pole shall be designed in a manner so as to nc detract from the basic architectural theme of the projec said design shall be subject to the approval of the Land Planning Manager and North County Transit District. Sngineering 8 9 10 11 12 13 15) 16) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. The grading for this project is defined as "regular grad Section 11.06.170(a) of the Carlsbad Municipal Code. T1: developer shall submit a grading plan for approval whicl- include all required drainage structures and any require erosion control measures. The developer shall also subn soils, geologic or compaction reports if required and sk comply with all provisions of Chapter 11.06 of the Carls Municipal Code. 14 17) No grading shall occur outside the limits of the subdivj 15 unless a letter of permission is obtained from the ownez 18) Additional drainage easements and drainage structures st 16 the affected properties. provided or installed as may be required by the County neer. l? Department of Sanitation and Flood Control or the City f 18 19 20 21 22 23 19) 20) 21 1 Land for all public streets and easements shown on the 1 tative map shall be dedicated on the final map and shal: granted to city free and clear of all liens and encurnbri Avenida Encinas shl be dedicated on the final map along subdivision frontage based on a right-of-way half width feet. All land and/or easements required by this project shal: granted to the City, without cost to the City, free and of all liens and encumbrances. 24 25 23) All public streets shall be improved by the developer b; 26 Avenida Encinas shall be waived on the final map. conformance with City of Carlsbad Standards prior to occ 27 22) Direct access rights for all lots abutting Poinsettia L; the typical sections shown on the tentative map and in of any buildings. 28 /IPC RES0 NO. 2180 -4- 1 /I 0 0 ,1 I1 1 24) Poinsettia Lane shall be improved by the developer alon! prior to occupancy of any buildings. subdivision frontage based on a centerline to curb face 2 3 of 41 feet and in conformance with City of Carlsbad Stal 25) Avenida Encinas shall be improved by the developer alon! 4 of 40 feet and in conformance with City of Carlsbad Stai subdivision frontage based on a centerline to curb face 5 prior to occupancy of any buildings. 6 7 26) The developer shall install street lights along all pub: private street frontages in conformance with City of Cal 27) The developer shall install street trees at the equivalc 8 Standards. 40-foot intervals along all public street frontages in be of a variety selected from the approved Street Tree I 9 conformance with City of Carlsbad Standards. The trees 10 28) 11 12 13 14 15 16 29) 30) The developer shall install sidewalks along all public I frontages in conformance with City of Carlsbad Standard> to occupancy of any buildings. The developer shall install a wheelchair ramp at the put street corner abutting the subdivision in conformance wj of Carlsbad Standards prior to occupancy of any buildinc The developer shall comply with all the rules, regulatic design requirements of the respective sewer and water ac regarding services to the project. 17 18 19 20 31 ) Approval of this tentative tract map shall expire twent] months from the date of City Council approval unless a j map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied e discretion of the City Council. In approving an extensi City Council may impose new conditions and may revise ex conditions. 21 intersections with Avenida Encinas shall be cut back to sight visibility in conformance with city standards and 32) The slopes adjacent to "A" and "C" streets at their 22 satisfaction of the City Engineer. Z3 IlFire Department: 24 34) Additional public and/or on site fire hydrants shall be 26 Department. 25 33) Prior to the issuance of building permits, complete buil quired if deemed necessary by the Fire Marshall. 27 35) The applicant shall submit two (2) copies of a site plan 28 showing locations of existing and proposed fire hydrants site roads and drives subject to the approval of the Fir Marshall. plans shall be submitted to and approved by the Fire PC RES0 NO. 2180 5- I -. .- , . I/ 0 e 1 2 3 4 5 6 36) An all weather access road shall be maintained through01 construction. 37) All required fire hydrants, water mains and appurtenance be operational prior to combustible building materials k located on the project site. 38) All fire alarm systems, fire hydrants, extinguishing sy: automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for aE prior to construction. 7 8 39) 9 10 11 12 13 14 40) Building exceeding 10,000 sq.ft. aggregate floor area st sprinklered or have four-hour fire walls with no openins therein which shall split the building into 10,000 sq.ft less) areas. Due to excessive emergency response times, all structure regardless of size, shall have installed an automatic fj sprinkler system conforming to the requirements of the I Department. This requirement may be waived by the Fire Marshall at such time as a fire station is placed in ser the southwest quadrant of the City, providing an adequat emergency response team is maintained. PASSED, APPROVED AND ADOPTED at a regular meeting of IiPlanning Commission of the city of Carlsbad, California, held 15 14th day of September, 1983, by the following vote, to wit: 16 17 Raw1 ins. AYES: Commissioners Lyttleton, Farrow, Friestedt l8 1 19 I 20 21 22 NOES : Chairman Schlehuber, Commissioners Marcus Rombot is. ABSENT: None. CLARENCE SCHLEHUBER CARLSBAD PLANNING COMMISSION 23 ATTEST : ll 3. 24 25 26 I1 LAND USE PLANNING MANAGER 27((PC RES0 NO. 2180 -6- 28