HomeMy WebLinkAbout1983-09-14; Planning Commission; Resolution 2180d
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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
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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:
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!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
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7 icies and ordinances since:
3) The project is consistent with all City public facility
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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.
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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
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August 1, 1983. 22
therefore, the Land Use Planning Manager has issued a Ni
23 General Conditions:
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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-
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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
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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
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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-
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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.
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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
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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.
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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
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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.
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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.
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,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
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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.
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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
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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.
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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:
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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
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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.
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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
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NOES : Chairman Schlehuber, Commissioners Marcus
Rombot is.
ABSENT: None.
CLARENCE SCHLEHUBER CARLSBAD PLANNING COMMISSION
23 ATTEST : ll 3.
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26 I1 LAND USE PLANNING MANAGER
27((PC RES0 NO. 2180 -6- 28