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Home My WebLink About1983-11-09; Planning Commission; Resolution 22151 e * 1 II PLANNING COMMISSION RESOLUTION NO. 2215 2 3 4 5 A RESOLUTION OF THE PLANNING COYiISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 9 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PEWTIT ON PROPERTY LOCATED ON .45 ACRES AT 347 PINE AVENUE APPLICANT: OCEAN PINE, LTD. CASE NO: CT 83-26//CP-250 6 It WHEREAS, a verified application for certain property 7 //wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Commission APPROVES CT-83-26/CP-250, based on the 26 27 The northeasterly 65 feet of lot 218 and the northeasterly 65 feet of the northwesterly 100 feet lot 29 of Thum Lands filed in the County of San Die91 December 9, 1915, has been filed with the City of Carlsbad, and referred to the Planning Commission: and 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 law, to consider said request: and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all perso desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Condominium Permit; a NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin Commission as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public heari following findings and subject to the following conditio //// //// 28 i( 0 0 1 1) The project is consistent with the City's general plan si 2 Findings: range of 20-30 du's/acre specified for the site as indicz 3 the proposed density of 20 du's/acre is within the densit the development since the site is adequate in size and SI 5 2) The site is physically suitable for the type and density * on the land use element of the general plan. to accommodate residential development at the density prc 6 posed a 7 3) The project is consistent with all City public facility 1 icies and ordinances since: 8 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 ac condition that a note shall be placed on the final rn< 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 projc unless sewer service remains available, and the Plan: Commission is satisfied that the requirements of the public facilities element of the general plan have bl met insofar as they apply to sewer service for this project. 16 17 18 19 b) The Carlsbad School District has written a letter, dated August 15, 1983, stating that school facilities will be available to this project. c) Park-in-lieu fees are required as a condition of ap- proval. 2o I d) All necessary public improvements have been provided will be required as conditions of approval. 21 22 23 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. 25 j 24 ~ 4) The proposed project is consistent with the City's Plann Development Ordinance and also complies with the Design Guidelines Manual. 26 27 //I/ //// 28 PC RES0 NO. 2215 -2- II 0 0 1 2 5) The proposed project is compatible with the surrounding land uses since surrounding properties are designated fo: residential development on the general plan. 3 4 6) This project will not cause any significant environrnenta impacts and a Negative Declaration has been issued by th Use Planning Manager on October 15, 1983 and approved by Planning Commission on November 9, 1983. 5 IlConditions: 6 1) Approval is granted for CT 83-26/CP-250, as shown on 7 Office. Development shall occur substantially as shown 8 Exhibit( s) "A", 'IB" r 'IC" and 'ID" r dated November 9, 1983 incorporated by reference and on file in the Land Use P1 otherwise noted in these conditions. 9 2) This project is approved upon the express condition that 10 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. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3) 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. 4) 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 September 15, 1983, is on file with the City Clerk and incorporated herein by reference. If said fee is not pa promised, this application will not be consistent with t General Plan and approval for this project shall be voif 15) The applicant shall pay park-in-lieu fees to the City, 1 to the approval of the final map as required by Chapter of the Carlsbad Municipal Code. 6) 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 //// //// //// PC RES0 NO. 2215 -3- I L 0 0 1 7) Water shall be provided by the City of Carlsbad unless s( 2 other arrangement is approved by the City Council. Land Use Plannina Conditions: 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 28 II d 8) The applicant shall prepare a reproducible mylar of the site plan incorporating the conditions contained herein. site plan shall be submitted to and approved by the Land Planning Manager prior to the issuance of building permi, 9) The applicant shall establish a homeowner's association corresponding covenants, conditions and restrictions. S' CCGtR's shall be submitted to and approved by the Land Us Planning Manager prior to final map approval. 10) The applicant shall prepare a detailed landscape and irr tion plan which shall be submitted to and approved by th Use Planning Manager prior to the issuance of building permits. Said plan shall include turf block at the end the driveway to allow for an emergency turn around area subject to the approval of the Fire Marshall. 11) A 500' scale map of the subdivision shall be submitted t Land Use Planning Manager prior to the recordation of th final map. Said map shall show all lots and streets wit' and adjacent to the project. 12) All landscaped areas shall be maintained in a healthy an thriving condition, free from weeds, trash, and debris. 13) Any signs proposed for this development shall be designe conformance with the City's Sign Ordinance and shall req review and approval of the Land Use Planning Manager pri installation of such signs. 14) 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 P1 Manager. 15) All roof appurtenances, including air conditioners, shal architecturally integrated and shielded from view and th sound buffered from adjacent properties and streets, pur to Euilding Department Policy No. 80-6, to the satisfact the Land Use Planning Manager and Building and Planning Director. 16) Approval of Tentative Tract No. 83-26/CP-250 is granted subject to approval of Variance 351. //// //// //// //// !I PC RESO. NO. 2215 -4- il 0 0 1 Engineering Conditions: 2 17) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. If 3 4 5 6 7 18) The grading €or 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 include all required drainage structures and any require erosion control measures. The developer shall also subm soils, geologic or compaction reports if required and sh comply with all provisions of Chapter 11.06 of the Carls Municipal Code. 8 19) No grading shall occur outside the limits of the subdivi unless a letter of permission is obtained from the owner the affected properties. 9 10 11 12 13 14 20) 21) Prior to the issuance of a grading permit, the haul rout shall be submitted for review and approved by the City Engineer. A separate grading- plan shall be submitted an approved and a separate grading permit issued for the bc or disposal site if located within the city limits. Pine Avenue shall be improved by the developer along the subdivision frontage based on a centerline to curb face of 20 feet feet and in conformance with City of Carlsbad Standards prior to occupancy of any buildings. l5 22) The developer shall install street lights along all pub1 be of a variety selected from the approved Street Tree I 19 conformance with City of Carlsbad Standards. The trees 18 40-foot intervals along all public street frontages in 23) The developer shall install street trees at the equivale 17 Standards. 16 private street frontages in conformance with City of Car 20 24) The developer shall install sidewalks along all public : frontages in conformance with City of Carlsbad Standards to occupancy of any buildings. 21 22 23 24 25 25) The developer shall comply with all the rules, regulatic design requirements of the respective sewer and water as regarding services to the project. 26) All private streets and drainage systems shall be maintz by the homeowner's association in perpetuity. This res1 sibility shall be clearly stated in the CC&R's. 26 // //// 27 28 //// PC RES0 NO. 2215 -5- I .' e /I 0 e 1 27) Prior to the issuance of building permits, complete builc 2 Fire Conditions: plans shall be submitted to and approved by the Fire 3 Department, 4 28) Additional public and/or on site fire hydrants shall be : 5 6 7 quired if deemed necessary by the Fire Marshall. 29) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants on site roads and drives subject to the approval of the : Marshall. 8 30) Adequate emergency vehicle turn-arounds shall be provide( 9 cul-de-sac or a hammerhead when driveway is more than 151 deep from property line at street. 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 31) All private driveways shall be kept clear of parked vehi at all times, and shall have posted "NO Parking/Fire Lan Away Zone" pursuant to Section 17.04.040, Carlsbad Munic Code. 32) Fire retardant roofs shall be required on all structures 33) All fire alarm systems, fire hydrants, extinguishing sys automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for ap prior to construction. 34) Exterior building wall variety subject to the //// //// 1 //// I//// I/// //// //// //// ///I //// //// PC RES0 NO. 2215 materials shall approval of the -6- be of a flame ret fire marshall. I! .. 1. - 1 0 0 PASSED, APPROVED AND ADOPTED at a regular meeting of 2 3 Planning Commission of the City of Carlsbad, California, held the 9th day of November, 1983, by the following vote, to wit: 4 5 6 7 a 9 10 11 I AYES : Chairman Schlehukr, Conmissioners Rombotis, Marcus, NOES : None. ABSENT : corranissioner Farrow. ABSTAIN : None. Lyttleton, Friestedt and Rawlins. & '"LA- CLARENCE SCHLEHUBER, Chairma CARLSBAD PLANNING COMMISSION 12 13 ATTEST : 14 15 16 1 LAND USE PLANNING MANAGER 17 18 19 2o i 21 22 23 24 25 26 27 28 j/ 11 PC RESO. NO. 2215 -7- Ij ll