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HomeMy WebLinkAbout1983-11-09; Planning Commission; Resolution 2218. -1 /I e all 1 PLANNING COMMISSION RESOLUTION NO. 2218 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN 11-UNIT PLANNED DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON 2.24 ACRES ON THE SOUTH SIDE OF CHESTNUT AVENUE BETWEEN HIGHLAND DRIVE AND ADAMS STREET. APPLICANT: CHESTNUT VILLAS CASE NO: CT 83-27/PUD-60 6 has been filed with the City of Carlsbad, and referred to thc 9 8 wit: 7 WHEREAS, a verified application for certain propert; A portion of Tract 270 of Thum Lands according to M( 1681 filed in San Diego County, December 19, 1915. 10 Planning Commission; and 11 WHEREAS, said verified application constitutes a ret 12 relating to the Tentative Tract Map and Planned Unit Develop 19 desiring to be heard, said Commission considered all factors 18 considering all testimony and arguments, if any, of all persl 17 WHEREAS, at said public hearing, upon hearing and 16 law to consider said request; and 15 'November, 1983, hold a duly noticed public hearing as prescr 14 WHEREAS, the Planning Commission did, on the 9th da: 13 as provided by Title 21 of the Carlsbad Municipal Code; and 20 B) That based on the evidence presented at the public heari 23 A) That the above recitations are true and correct. 22 Commission as follows: 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni Commission hereby APPROVES CT 83-27/PUD-60, based on the 24 following findings and subject to the following conditio 25 11 Findings: 26 27 28 I 1) The project is consistent with the City's general plan the proposed density of 4.8 du's/acre is within the den range of 0-4 du's/acre specified for the site as indica the land use element of the general plan. The general allows the density of low-medium density classification exceed the classification yield by 25% if it is compati with the objectives of the land use element. ll 0 a I1 1 2) The site is physically suitable for the type and densit: development since the site is adequate in size and shapi 2 accommodate residential development at the density propc 3 4 3) The project is consistent with all City public facility icies and ordinances since: 5 6 7 8 9 10 11 I.2 I/ a) The Planning Commission has, by inclusion of an app condition to this project, insured that the final m not be approved unless the City Council finds that service is available to serve the project. In addi the Planning Commission has added a condition that shall be placed on the final map that building perm not be issued for the project unless the City Engin determines that sewer service is available, and bui cannot occur within the project unless sewer servic remains available, and the Planning Commission is s that the requirements of the public facilities elem the general plan have been met insofar as they appl sewer service for this project. b) School fees will be paid to ensure the availability school facilities in the Carlsbad school district. 13 14 b) The Carlsbad School District has written a letter, September 20, 1983, stating that school facilities available to this project. 15 11 c) Park-in-lieu fees are required as a condition of ap 16 17 18 19 20 I ~ d) All necessary public improvements have been provide will be required as conditions of approval. e) The applicant has agreed and is required by the inc of an appropriate condition to pay a public facilit Performance of that contract and payment of the fee enable this body to find that public facilities wil available concurrent with need as required by the g plan. a !I f) Assurances have been qiven that adequate sewer for 22 il project will be provided by the Cit; of Carlsbad. 23 4) The proposed project is consistent with the City's Plan Development Ordinance and also complies with the Design Guidelines Manual. 24 5) The proposed project is compatible with the surrounding 25 land uses since surrounding properties are designated f 26 27 6) The land use element seeks to encourage cluster-type hou and other innovative housing design that provides adequa open areas around these developments. 2% residential development on the general plan. PC RES0 NO. 2218 -2- I li e e 1 2 3 4 7) The project will help achieve a variety and choice of hol in the city. 8) This project will not cause any significant environmenti impacts and a Negative Declaration has been issued by tl Use Planning Manager on October 12, 1983 and approved b! Planning Commission on November 9, 1983. 5 Cond it ions : II 6 1) Approval is granted for Exhibits "A", "B" I I'C", aD", "E' occur substantially as shown unless otherwise noted in 1 and llG1l, dated November 9, 1983, incorporated by referel 7 on file in the Land Use Planning Office. Development SI 8 conditions. 9 2) 10 11 12 13 14 3) This project is approved upon the express condition thai final map shall not be approved unless the City Council as of the time of such approval that sewer service is a1 to serve the subdivision. This project is approved upon the express condition thai building permits will not be issued for development of . subject property unless the City Engineer determines thi facilities are available at the time of application for sewer permits and will continue to be available until t: occupancy. This note shall be placed on the final map. 15 16 17 18 19 20 21 22 4) This project is approved upon the express condition tha' applicant shall pay a public facilities fee as required Council Policy No. 17, dated April 2, 1982, on file wit1 City Clerk and incorporated herein by reference, and aci to the agreement executed by the applicant for payment t fee, a copy of that agreement, dated September 22, 1983 file with the City Clerk and incorporated herein by ref1 If said fee is not paid as promised, this application w be consistent with the General Plan and approval for th project shall be void. 5) The applicant shall pay park-in-lieu fees to the City, : the approval of the final map as required by Chapter 20 the Carlsbad Municipal Code. 23 6) The applicant shall provide school fees to mitigate con( of overcrowding as part of building permit application. fees shall be based on the fee schedule in effect at thl 24 of building permit application. 25 26 27 28 7) Approval of this request shall not excuse compliance wi sections of the Zoning Ordinance and all other applicab ordinances in effect at time of building permit issuanc 8) This approval shall become null and void if building pe are not issued for this project within one year from th of project approval . PC RES0 NO. 2218 -3- It I( 0 0 1 2 3 4 5 9) Water shall be provided by the City of Carlsbad unless I other arrangement is approved by the City Council. Land Use Planning 10) 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 Lanc Planning Manager prior to the issuance of building perm 6 11) The applicant shall establish a homeowner's association corresponding covenants, conditions and restrictions. ; Planning Manager prior to final map approval. 7 CC&R's shall be submitted to and approved by the Land U! 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12) The applicant shall prepare a detailed landscape and irl plan which shall be submitted to and approved by the La] Planning Manager prior to the issuance of building perm: 13) A 500' scale map of the subdivision shall be submitted Land Use Planning Manager prior to the recordation of tl map. Said map shall show all lots and streets within a1 adjacent to the project. 14) All landscaped areas shall be maintained in a healthy a: thriving condition, free from weeds, trash, and debris. 15) Any signs proposed for this development shall be designc conformance with the City's Sign Ordinance and shall re( review and approval of the Land Use Planning Manager pr: installation of such signs. I 16) Trash receptacle areas shall be enclosed by a six-foot 1 masonry wall with gates pursuant to City standards. Lo( of said receptacles shall be approved by the Land Use P: Manager. 17) All roof appurtenances, including air conditioners, sha: architecturally integrated and shielded from view and tl: buffered from adjacent properties and streets, pursuant Building Department Policy No. 80-6, to the satisfactiol Land Use Planning Manager and Building and Planning Dirt 23 (1 Engineering 24 25 26 18) 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 thz capacity is available at the time of application for su( permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 27 28 19) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. PC RES0 NO. 2218 -4- II 0 0 Ii 1 2 3 4 5 20) The grading for this project is defined as "regular grad Section 11.06.170(a) of the Carlsbad Municipal Code. Tb developer shall submit a grading plan for approval whick include all Yequired drainage structures and any requin erosion control measures. The developer shall also subn soils, geologic or compaction reports if required and SI comply with all provisions of Chapter 11.06 of the Carl: Municipal Code. 21) NO grading shall occur outside the limits of the subdivi 6 7 unless a letter of permission is obtained from the ownel the affected properties. €3 9 10 11 12 22) Prior to the issuance of a grading permit, the haul roul be submitted for review and approved by the City Enginet separate grading plan shall be submitted and approved a1 separate grading permit issued for the borrow or dispos. if located within the city limits. 23) All slopes within this project shall be no steeper than 24) Thirty (30) feet of right of way shall be offered for dedication along the westerly boundary of the property. l3 25) Land for all public streets and easements shown on the tative map shall be dedicated on the final map and shal 14 granted to city free and clear of all liens and encum-b l5 26) The developer shall install street trees at the equival 16 18 17 conformance with City of Carlsbad Standards. The trees frontages in conformance with City of Carlsbad Standard to occupancy of any buildings. 40-foot intervals along all public street frontages in be of a variety selected from the approved Street Tree 27) The developer shall install sidewalks along all public 19 I 20 28) The developer shall install a wheelchair ramp at the pu street corner abutting the subdivision in conformance \ 21 of Carlsbad Standards prior to occupancy of any buildir 22 29) The developer shall comply with all the rules, regulatj design requirements of the respective sewer and water i 23 regarding services to the project. 24 25 26 27 30) The design of all private streets and drainage systems approved by the City Engineer prior to approval of the map, The structural section of all private streets shz conform to City of Carlsbad standards based on R-value All private streets and drainage systems shall be inspc the City, and the standard improvement plan check and inspection fees shall be paid prior to approval of the map. 28 PC RES0 NO, 2218 -5- I/ e 0 .. I/ 1 31 ) All private streets and drainage systems shall be maintz the homeowner's association in perpetuity. This respons 2 shall be clearly stated in the CC&R's. 3 32) All private driveways shall be kept clear of parked veh: all times, and shall have posted "No ParkingIFire Lane 1 4 Zone" pursuant to Section 17.04.040, Carlsbad Municipal 5 Fire // - 6 33) Prior to the issuance of building permits, complete bui: plans shall be submitted to and approved by the Fire 7 Department. 8 34) Additional public and/or on site fire hydrants shall be 9 quired if deemed necessary by the Fire Marshall. 35) The applicant shall submit two (2) copies of a site plal 11 site roads and drives subject to the approval of the Fi. Marshall. 10 showing locations of existing and proposed fire hydrant 12 13 14 15 16 17 18 36) An all weather access road shall be maintained through0 construction. 37) All required fire hydrants, water mains and appurtenanc be operational prior to combustible building materials located on the project site. 38) All private driveways shall be kept clear of parked veh all times, and shall have posted "NO Parking/Fire Lane Zone" pursuant to Section 17.04.040, Carlsbad Municipal Parks & Recreation 19 landscaping to help buffer the rear of the structures f Chestnut Avenue. This shall be provided to the satisfa of the Director of Parks and Recreation. 1 39) The detailed landscape plan shall include extensive 2o I 21 //// 25 ///I 24 //// 23 //// 22 //// 26 //// 27 //// 28 PC RES0 NO. 2218 -6- >. -, i1 0 0 .. 1 il PASSED, APPROVED AND ADOPTED at a regular meeting of thc Planning Commission of the City of Carlsbad, California, hell 2 3 the 9th day of November, 1983, by the following vote, to wit 4 AYES : Chairman Schlehuber, Conmissioners Rombotis, Marcus, NOES : None. ABSENT: Catmissioner Farrow. ABSTAIN : None, 5 Lyttleton, Friestedt and Rawlins. 6 7 8 9 10 ATTEST : " W&> CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION II b 12 13 LAND USE PLANNING MANAGER 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2218 -7-