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Home My WebLink About1983-11-09; Planning Commission; Resolution 2213a I1 a It 1 PLANNING COMMISSION RESOLUTION NO. 2213 2 3 4 5 A FESOLUTION OF THE PLANNING CCMMISSION OF THE CITY 1 TRACT raw AND CONDOMINIUM PERMIT ON PROPERTY GENERAL: CARLSBAD, CALIFOm-IA, APPROVING A SIX UNIT TENTATIVE LOCATED ON THE \LEST SIDE OF CACATUA STREET AND NORTH OF UNICORN10 STREET. APPLICANT: JOHN FRAZER INTERNATIONAL CASE N-0: CT 83-22/CP-245 i5 II WHEREAS, a verified application for certain property 7 /Jwit: 8 9 Lot 486 of La CGsta Keadows Unit No. 3, in the Count: San Diego, according to Nap thereof, No. 7076, has been filed with the City of Carlsbad, and referred to the Planning Commission; and LO 11 12 13 14 15 16 17 l8 /desiring to be heard, ;said Commission considered all factors WHEREAS, said verified application constitutes a req' as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 9th day November, 1983, hold a duly noticed public hearing as prescri'j by law, to consider said request; and KHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persol 19 ,I i 11 relating to the Tentative Tract Map and Condominium Permit; a: 20 21 22 23 24 25 NOW, TBEREFORE, BE IT HEREBY RESOLVED by the Planninl Conmission as follows: (A) That the foregoing recitations are true and correct. (€3) That based on the evidence presented at the public hearing, the Ccmmission APPROVES CT-83-22/CP-245, based on the following findings and subject to the following conditions: 26 I///// 27 11 ///I 28 //I/ 1 /I 0 1 IiFindings: 2 1) The project is consistent with the City's general plan s 3 the proposed density of 12.2 du's/acre is within the den, 4 on the land use element of the general plan. range of 10-20 du's/acre specified for the site as indic' the development since the site is adequate in size and s 5 2) The site is physically suitable for the type and density to accommodate residential development at the density pr 6 posed. 3) The project is consistent with all City public facility 711 icies and ordinances since: a 9 10 11 12 13 14 15 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 Counc finds that sewer service is available to serve the project. In addition, the Planning Commission has a a condition that a note shall be placed on the final that building permits may not be issued for the proj unless the City Engineer determines that sewer servi available, and building cannot occur within the proj unless sewer service remains available, and the Plan Commission is satisfied that the requirements of the public facilities element of the general plan have b met insofar as they apply to sewer service for this project. 16 17 b) School fees will be paid to ensure the availability proval , 18 school facilities in the San Marcos school district. c) Park-in-lieu fees are required as a condition of ap- 19 d) All necessary public improvements have been provided I will be required as conditions of approval. 20 21 22 23 24 j! e) The applicant has agreed and is required by the incl of an appropriate condition to pay a public faciliti fee. Performance of that contract and payment of th will enable this body to find that public facilities be available concurrent with need as required by the general plan, f) Assurances have been given that adequate sewer for t project will be provided by the City of Carlsbad. 25 Development Ordinance and also complies with the Design 26 ' 4) The proposed project is consistent with the City's Planr Guidelines Manual. 27 /PC RES0 NO, 2213 -2- 28 ll e e 1 5) The proposed project is compatible with the surrounding 2 ture land uses since surrounding properties are designat 3 for residential development on the general plan. 6) This project will not cause any significant environmenta impacts and a Negative Declaration has been issued by th Land Use Planning Manager on October 8, 1983 and approve the Planning Commission on November 9, 1983. 4 5 6 1) Approval is granted for CT 83-22/CP-245 as shown on Exhi file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in t conditions. Conditions: 7 "A", dated November 8, 1983, incorporated by reference a 8 9 10 11 2) 12 3, 13 14 15 16 18 17 4) 19 2o i 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 available 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 sewer facilities are available at the time of applicatio such sewer permits and will continue to be available unt time of occupancy. This note shall be placed on the fin map . This project is approved upon the express condition that applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on file the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated Auq 25, 1983, is on file with the City Clerk and incorporate herein by reference. If said fee is not paid as promise this application will not be consistent with the General and approval for this project shall be void. 21 22 23 to the approval of the final map as required by Chapter 6) The applicant shall provide school fees to mitigate coni 24 tions of overcrowding as part of building permit applicz 25 the time of building permit application. 26 7) Approval of this request shall not excuse compliance wit sections of the Zoning Ordinance and all other applicabl 27 City ordinances in effect at time of building permit issuance. 5) The applicant shall pay park-in-lieu fees to the City, p of the Carlsbad Municipal Code. These fees shall be based on the fee schedule in effect 28iiPC RES0 NO. 2213 -3- I/ , 0 0 I ll 8) Water shall be provided by the City of Carlsbad unless SI other arrangement is approved by the City Council. 2 Land Use Planning Conditions 3 9) The applicant shall prepare a reproducible mylar of the 4 5 site plan inccrporating the conditions contained herein. Said site plan shall be submitted to and approved by the Use Planning Manager prior to the issuance of building permits. 6 7 10) The applicant shall establish a homeowner's association corresponding covenants, conditions and restrictions. S CCStR's shall be submitted to and approved by the Land Us Planning Manager prior to final map approval. a 9 10 11 12 13 1 1 1 1) The applicant shall prepare a detailed landscape and irr tion plan which shall be submitted to and approved by th Land Use Plannin2 Manager prior to the issuance of build permits. .2) All parking lot trees shall be a minimum of 15 gallons i size. .3) All landscaped areas shall be maintained in a healthy an thriving condition, free from weeds, trash, and debris. l4 15 14) Any signs proposed for this development shall be designe conformance with the City's Sign Ordinance and shall req 16 review and a.pprova1 of the Land Use Planning Manager pri installation of such signs. 17 18 19 20 21 22 23 24 25 26 15) 16) 179 Trash receptacle areas shall be enclosed by a six-foot h masonry wall with gates pursuant to City standards. LOC of said receptacles shall be approved by the Land Use Planning Manager. All roof appurtenances, including air conditioners, shal architecturally integrated and shiel.d.ed from view and th sound buffered from adjacent properties and streets, pur to Building Department Policy No. 80-6, to the satisfact of the Land Use Planning Manager and Building and Planni Director. Approval of this tentative tract map shall expire twenty four months from the date of City Council approval unles final map is recorded. An extension may be requested by applicant. Said extension shall be approved or denied a the discretion of the City Council. In approving an extension, the City Council may impose new conditions an revise existing conditions. 27 il//// 28 PC RES0 NO. 2213 -4- . I1 0 0 I1 1 2 3 4 51 18) The applicant shall erect a six foot high block wall or fence along the rear property line prior to final occupa The design of said wall or fence shall be subject to the approval of the Land Use Planning Manager prior to the issuance of building permits. Engineering Conditions 19) The developer shall obtain a grading permit prior to the 6 commencement of any clearing or grading of the site. 7 8 20) 9 10 11 12 13 21) The grading for this project is defined as "regular grad by Section 11.06.170(a) of the Carlsbad Municipal Code. developer shall submit a grading plan for approval which shall include all required drainage structures and any r quired erosion control measures. The developer shall a1 submit soils, geologic or compaction reports if required shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. Additional drainage easements and drainage structures sh be provided or installed as may be required by the Count Department of Sanitation and Flood Control or the City E neer. 14 of all liens and encumbrances. 15 22) All land and/or easements required by this project shall 23) The developer shall install street trees at the equivale 16 granted to the City, without cost to the City, free and 40-foot intervals along all public street frontages in be of a variety selected from the approved Street Tree L 24) The developer shall comply with all the rules, regulatio 17 18 conformance with City of Carlsbad Standards. The trees 19 and design requirements of the respective sewer and wate agencies regarding services to the project. 20 25) All concrete terrace drains shall be maintained by the 21 lot). An appropriately worded statement clearly identif 22 homeowner's association (if on commonly owned property) the individual property owner (if on an individually own the responsibility shall be placed in the CC&R's. 23 26) All private driveways shall be kept clear of parked vehi 24 at all times, and shall have posted "NO Parking/Fire Lan Away Zone" pursuant to Section 17.04.040, Carlsbad Munic Code. 25 I 26 27 28 27) Approval of this tentative tract map shall expire twenty months from the date of City Council approval unless a f map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied a discretion of the City Council. In approving an extensi the City Council may impose new conditions and may revis existing conditions. ::PC RES0 NO. 2213 5- a. /I 0 0 1 /I A Fire Conditions 2 3 28) Prior to the issuance of building permits, complete builc plans shall be submitted to and approved by the Fire Department. 4 29) Additional public and/or on site fire hydrants shall be 5 quired if deemed necessary by the Fire Marshall. 6 30) The applicant shall submit two (2) copies of a site plan Marshall. showing locations of existing and proposed fire hydrants 7 a on site roads and drives subject to the approval of the 31 ) An all weather access road shall be maintained throughou 9 construction. 10 32) All required fire hydrants, water mains and appurtenance: shall be operational prior to combustible building mater: 11 being located on the project site. 12 PASSED, APPROVED AND ADOPTED at a regular meeting of 13 33) Fire retardant roofs shall be required on all structures wit: 16 the 9th day of November, 1983, by the following vote, to 15 Planning Commission of the City of Carlsbad, California, held 14 17 18 AYES : Chairman Schlehuber, Catmissioners Rombotis, Marcus NOES: None. Lyttleton, Friestedt and Rawlins. 19 I ABSENT : Carmissioner Farrow. 2o I ABSTAIN : None. 21 22 23 ATTEST : A PA /c& CLARENCE SCHLEHUBER -.. CARLSBAD PLANNING COMMISSION 24 25 z 26 LAND USE PLANNING MANAGER 27 2a PC RES0 NO. 2213 -6-