HomeMy WebLinkAbout1983-11-09; Planning Commission; Resolution 2220.* B 8
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PLANNING COMMISSION RESOLUTION NO. 2220
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY (
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE SUBDIVIS:
MAP AND CONDOMINIUM PERMIT FOR 25 UNITS ON 1.52 ACRE!
PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER 01
CHINQUAPIN AVENUE AND INTERSTATE 5.
APPLICANT: PARTNERS EQUITY
CASE NO: CT 83-28/CP-252
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WHEREAS, a verified application for certain property
wit:
a portion of tract 237 of Thum Lands, in the City of
Carlsbad, according to Map thereof No. 1681, filed i
Office of the County Recorder December 29, 1915,
''/(has been filed with the City-of Carlsbad, and referred to the
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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
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llrelating to the Tentative Tract Map and Condominium Permit; a 21
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin 22
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(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearj
the Commission APPROVES CT-83-28/CP-252, based on the
following findings and subject to the following conditic
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(/Findings:
1) The project is consistent with the City's general plan s
the proposed density of 16.4 du's/acre is within the den
range of 10-20 du's/acre specified for the site as indic
on the land use element of the general plan.
2) The site is physically suitable for the type and density
the development since the site is adequate in size and s' to accommodate residential development at the density pr
posed.
3) The project is consistent with all City public facility
icies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, insured that
final nap 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
condition that a note shall be placed on the final m
that building permits may not be issued €or 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.
b) The Carlsbad School District has written a letter, d
September 21, 1983, stating that school facilities w
available to this project.
c) Park-in-lieu fees are required as a condition of ap-
proval.
d) All necessary public improvements have been provided
will be required as conditions of approval.
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.
4) The proposed project is consistent with the City's Plann
Development Ordinance and also complies with the Design
Guidelines Manual.
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PC RES0 NO. 2220 -2-
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5) This project will not cause any significant environmenta
impacts and a Negative Declaration has been issued by th
Use Planning Manager on October 26, 1983 and approved by
Planning Commission on November 9, 1983.
Conditions:
1) Approval is granted for CT 83-28/CP-252, as shown on
Exhibit (s) "A" - "F", dated November 9, 1983, incorporat
reference and on file in the Land Use Planning Office.
Development shall occur substantially as shown unless
otherwise noted in these conditions.
2) 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.
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 Dec
13, 1982, 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.
5) The applicant shall pay park-in-lieu fees to the City, F
to the approval of the final map as required by Chapter
of the Carlsbad Municipal Code.
6) Approval of Ynis request shall not excuse compliance wit
sections of the Zoning Ordinance and all other applicabl
ordinances in effect at time of building permit issuance
7) Water shall be provided by the City of Carlsbad unless s
other arrangement is approved by the City Council.
Land Use Planning Conditions :
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
PC RES0 NO. 2220 -3-
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1 9) The applicant shall establish a homeowner's association
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corresponding covenants, conditions and restrictions. Si
CC&R's shall be submitted to and approved by the Land Us1
10) The applicant shall prepare a detailed landscape and irr 3
Planning Manager prior to final map approval.
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5 permits.
tion plan which shall be submitted to and approved by ths
Use Planning Manager prior to the issuance of building
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12) Any signs proposed for this development shall be designe 7
11) All landscaped areas shall be maintained in a healthy an
review and approval of the Land Use Planning Manager pri
conformance with the City's Sign Ordinance and shall req 8
thriving condition, free from weeds, trash, and debris.
9 installation of such signs.
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14)
All roof appurtenances, including air conditioners, shal
architecturally integrated and shielded from view and th
sound buffered from adjacent properties and streets, pur
to Building Department Policy No. 80-6, to the satisfact
the Land Use Planning Manager and Building and Planning Director.
The developer shall design anc. c:onstruct a noise
attenuation wall along Interstate 5 prior to occupancy o
building. Design and materials for the wall shall be ap
by the Land Use Planning Manager and the noise level sha
attenuated to comply with HUD Noise Suitability Criteria
Landscape treatment shall be provided to screen the wall
17 Engineering Conditions:
18 15) The developer shall extend the city sewer main on Chinqu
Avenue, to the approval of the City Engineer, to serve t
property.
20 116) The developer shall obtain a grading permit prior to the
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commencement of any clearing or grading of the site.
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17) 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
include all required drainage structures and any require
erosion control measures. The developer shall also subrc
soils, geologic or compaction reports if required and sh
comply with all provisions of Chapter 11.06 of the Carls
Municipal Code.
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18) No grading shall occur outside the limits of the subdivi
unless a letter of permission is obtained from the owner the affected properties.
19) 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 bo
or disposal site if located within the city limits.
20) The developer shall provide to the city engineer, writte
permission to drain onto the Interstate right-of-way.
21) The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the ad jacen
property prior to approval of the final map.
22) Chinquapin Avenue shall be improved by the developer alo
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.
23) The developer shall install street lights along all pub1
private street frontages in conformance with City of Car
Standards.
24) The developer shall install street trees at the equivale
40-fOOt intervals along all public street frontages in
conformance with City of Carlsbad Standards. The trees
be of a variety selected from the approved Street Tree L
The location of the trees may be modified to allow for
passive solar heating of the units if approved by the Pa
and Recreation Director.
25) The developer shall install sidewalks along all public s
frontages in conformance with City of Carlsbad Standards
to occupancy of any buildings.
26) The developer shall comply with all the rules, regulatio
design requirements of the respective sewer and water ag
regarding services to the project.
27) All private streets and drainage systems shall be mainta
by the homeowner's association in perpetuity. This resp
sibility shall be clearly stated in the CCGtR's.
Fire Conditions:
28) Prior to the issuance of building permits, complete buil
plans shall be submitted to and approved by the Fire
Department. /j ////
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1 29) Additional public and/or on site fire hydrants shall be
showing locations of existing and proposed fire hydrants 3
30) The applicant shall submit two (2) copies of a site plan 2
quired if deemed necessary by the Fire Marshall.
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31) An all weather access road shall be maintained throughou 5
Marshall. 4
on site roads and drives subject to the approval of the
construction.
32) All private driveways shall be kept clear of parked vehi
Away Zone" pursuant to Section 17.04.040, Carlsbad Munic 7
Code. 8
at all times, and shall have posted "NO Parking/Fire Lan
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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) Buildings exceeding 10,000 sq.ft. aggregate floor area s
be sprinklered or have four-hour fire walls with no open
therein which shall split the building into 10,000 sq.ft
less) areas.
14 PASSED, APPROVED AND ADOPTED at a regular meeting of
15 Planning Commission of the City of Carlsbad, California, held
16 the 9th day of November, 1983, by the following vote, to wit:
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AYES : Chairman Schlehuber, Ccmnissioners Rombotis, Marcus
NOES: None.
Lyttleton, Friestedt and Rawlins.
19 ABSENT : Conmissioner Farrow.
2o 1 ABSTAIN: None.
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24 ATTEST :
"-\ /? @ /ym - /- CLARENCE SCHCEHUBER, Chairma
CARLSBAD PLANNING COMMISSION
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27 LAND USE PLANNING MANAGER ll
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