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HomeMy WebLinkAbout1983-12-14; Planning Commission; Resolution 22274 P (IF @ 1 2 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 PLANNING COMMISSION RESOLUTION NO. 2227 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT' CARLSBAD, CALIFORNIA, APPROVING A TWENTY-TWO UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROP GENERALLY LOCATED AT 1014-1016 LAGUNA DRIVE. APPLICANT: OAKTREE CONCEPTS CASE NO.: CT 83-23/CP-246 WHEREAS, a verified application for certain proper wit: Lots 1 to 6 inclusive in Block 13 of Sunny Slope T according to Map No. 486 filed February 7, 1888 has been filed with the City of Carlsbad, and referred to t' Planning Commission; and WHEREAS, said verified application constitutes a r as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 14th December, 1983, hold a duly noticed public hearing as presc law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all per desiring to be heard, said Commission considered all factor relating to the Tentative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hea the Commission hereby APPROVES CT 83-23/CP-246, based following findings and subject to the following condit Findings: 1) The project is consistent with the City's General Plan though the proposed density of 23.9 du's/acre exceeds density range of 10-20 du's/acre specified for the sit indicated on the Land Use Element of the General Plan, the applicant is proposing this project under Section the State Law which allows the City to grant a density for projects in which 25% of the units will be reserve persons of low or moderate income. . 0 @ 1 2 2) The site is physically suitable for the type and densi- development. 3) The project is consistent with all City public facilit] 3 icies and ordinances since: 4 5 6 7 8 9 10 a) The Planning Commission has, by inclusion of an apl condition to this project, insured that the final 1 not be approved unless the City Council finds that service is available to serve the project. In add the Planning Commission has added a condition that shall be placed on the final map that building per] not be issued for the project unless the City Engi: determines that sewer service is available, and bu cannot occur within the project unless sewer servil remains available, and the Planning Commission is that the requirements of the public facilities ele: the general plan have been met insofar as they app sewer service for this project. 11 12 b) The Carlsbad School District has written a letter, May 11, 1983, stating that school facilities will available to this project. 13 d) All necessary public improvements have been provid 14 c) Park-in-lieu fees are required as a condition of a, will be required as conditions of approval. 15 16 17 18 e) The applicant has agreed and is required by the in of an appropriate condition to pay a public facili Performance of that contract and payment of the fe enable this body to find that public facilities wi available concurrent with need as required by the plan. 19 1 4) The proposed project is compatible with the surroundin I land uses since surrounding properties are designated 20 residential development on the general plan. 21 5) This project has already been considered in conjunctio previously certified environmental document and a Noti 22 Prior Environmental Compliance was issued October 4, 1 2311 //// 24 //// il 25 11 //// 26 //// ll 27 1) //// 28 //// I/ PC RES0 NO. 2227 -2- ll 0 0 1, 2 3 4 5 6 7 6) A condition of approval has been added requiring that PI final map approval, the City and the applicant Richard 'I Marcella D. Gilbert enter into an agreement imposing restrictions on the real property which is the subject c tentative tract map and condominium permit. That agreen shall provide in part that 25% of the dwelling units to constructed on this property will be available for persc families of low and moderate income at an affordable pr: a period of twenty years. The Planning Commission's determination to approve this project above the density by the General Plan is justified by the City's need to 1 low and moderate income housing and would not have been approved but for said agreement. 8 /IC onditions: 9 1) Approval is granted for CT 83-23/CP-246, as shown on Ex1 11 "A" - "G", dated August 29, 1983, incorporated by refer1 occur substantially as shown unless otherwise noted in conditions. 10 on file in the Land Use Planning Office. Development SI 12 2) 13 14 15 3, 16 17 This project is approved upon the express condition tha, final map shall not be approved unless the City Council as of the time of such approval that sewer service is a to serve the subdivision. This project is approved upon the express condition tha building permits will not be issued for development of subject property unless the City Engineer determines th 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. l8 19 4) This project is approved upon the express condition tha applicant shall pay a public facilities fee as required 20 Council Policy No. 17, dated April 2, 1982, on file wit City Clerk and incorporated herein by reference, and ac 21 to the agreement executed by the applicant for payment fee, a copy of that agreement, dated September 27, 1983 22 file with the City Clerk and incorporated herein by ref 23 be consistent with the General Plan and approval for th If said fee is not paid as promised, this app1ication.w project shall be void. 24 25 26 27 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. 6) Approval of this request shall not excuse compliance wi sections of the Zoning Ordinance and all other applicak ordinances in effect at time of building permit issuanc //// PC RES0 NO. 2227 -3- I/ 0 0 I. 7) 2 3 4 5 8) 6 9) 7 8 10) 9 lo 11) 11 12 13 14 l5 13) 16 17 I* 14) 19 12) 20 21 22 23 17) 24 25 18) 26 15) 16) 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 Lanl Planning Manager prior to the issuance of building perm The applicant shall establish a homeowner's association corresponding covenants, conditions and restrictions. CC&R's shall be submitted to and approved by the Land U Planning Manager prior to final map approval. The applicant shall prepare a detailed landscape and ir Planning Manager prior to the issuance of building perm All landscaped areas shall be maintained in a healthy a thriving condition, free from weeds, trash, and debris. shall be clearly stated in the CC&R's. Any signs proposed for this development shall be desigr conformance with the City's Sign Ordinance and shall rc review and approval of the Land Use Planning Manager PI installation of such signs. Trash receptacle areas shall be enclosed by a six-foot masonry wall with gates pursuant to City standards. LC of said receptacles shall be approved by the Land Use I Manager. All roof appurtenances, including air conditioners, shz architecturally integrated and shielded from view and 1 buffered from adjacent properties and streets, pursuanl Building Department Policy No. 80-6, to the satisfactic Land Use Planning Manager and Building and Planning Dil At least three washers and three dryers shall be provir the laundry facility prior to final occupancy. Barbecue facilities along with benches and tables shal. provided adjacent to the horseshoe pits and the centra located gazebo. All visitor parking spaces shall be clearly marked to satisfaction of the Land Use Planning Manager. A detailed plan showing how the storage areas will be separated and assigned shall be approved by the Land U Planning Manager prior to issuance of a building permi Prior to occupancy of any units a card operated entry the garage shall be installed along with a call box fc visitor parking. plan which shall be submitted to and approved by the La 27 28 19) A wood deck shall be installed around the spa area as by the fence shown on Exhibit IIB". PC RES0 NO. 2227 -4- e 0 1 20) Prior to approval of the final map for this project the applicants/subdividers shall enter into an agreement wj pursuant to this approval shall be available at an affc defined in Section 50093 of the Health and Safety Code, persons or families for a period of twenty years from 1 2 3 City establishing that four of the dwelling units const of initial occupancy of project. The agreement shall 1 5 units shall remain available at an affordable cost to I 4 cost only to persons or families of low or moderate inc implemented by appropriate restrictions or servitudes : 6 upon the land. The applicant and the homeowners assoc: shall be responsible for enforcing the provisions of tl obligation to enforce the provisions of the agreement. the City Council prior to approval of the final map. the provisions of Section 65915 et seq of the Governme] the applicant complies with that policy. 7 City Council adopts a city wide policy for implementat. 9 agreement and restrictions or servitudes shall be app: 8 agreement. The City shall also have the right but not 10 the provisions of this condition shall be deemed satis 11 12 13 commencement of any clearing or grading of the site. Engineering Conditions 21) The developer shall obtain a grading permit prior to ti 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22) The grading for this project is defined as "regular gr, Section 11.06.170(a) of the Carlsbad Municipal Code. developer shall submit a grading plan for approval whim include all required drainage structures and any requi erosion control measures. The developer shall also su' soils, geologic or compaction reports if required and comply with all provisions of Chapter 11.06 of the Car Municipal Code. 23) No grading shall occur outside the limits of the subdi unless a letter of permission is obtained from the own the affected properties. 24) Prior to the issuance of a grading permit, the haul ro be submitted for review and approved by the City Engin separate grading plan shall be submitted and approved separate grading permit issued for the borrow or dispo if located within the city limits. 25) Laguna Drive shall be dedicated by the developer along subdivision frontage based on a centerline to right-of width of 36 feet and in conformance with City of Carls Standards prior to occupancy of any buildings. 26) Laguna Drive shall be improved by the developer along subdivision frontage based on a centerline to curb fac of 20 feet and in conformance with City of Carlsbad St prior to occupancy of any buildings. PC RES0 NO. 2227 -5- I( 0 a 1 2 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 , I 27) The developer shall install street lights along all pu3: private street frontages in conformance with City of CE Standards. 28) The developer shall install street trees at the equival 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 29) The developer shall install sidewalks along all public frontages in conformance with City of Carlsbad Standarc to occupancy of any buildings. 30) The developer shall comply with all the rules, segulat: design requirements of the respective sewer and water i regarding services to the project. 31) All private driveways shall be kept clear of parked vel all times, and shall have posted "NO Parking/Fire Lane Zone" pursuant to Section 17.04.040, Carlsbad Municipa: Fire Conditions 32) Prior to the issuance of building permits, complete bu. plans shall be submitted to and approved by the Fire Department. 33) Proposed security gate systems shall be provided with key operated override switch, as specified by the Fire partment. 34) Fire retardant roofs shall be required on all structur 35) All fire alarm systems, fire hydrants, extinguishing s automatic sprinklers, and other systems pertinent to t project shall be submitted to the Fire Department for prior to construction. 36) The underground parking garage shall be protected by a automatic fire sprinkler system. 37) A standpipe for firefighting purposes shall be provide location approved by the Fire Chief. The standpipe sh interconnected to the garage sprinkler system. //// //// //// //// //I/ //// PC RES0 NO. 2227 i -6- 1 I I -* /I e 1 PASSED, APPROVED AND ADOPTED at a regular meeting o 2 3 Planning Commission of the City of Carlsbad, California, bel, the 14th day of December, 1983, by the following vote, to wi. 4 5 6 7 a 9 10 AYES : CoIuDi!ssioners Romlzotis,: 3~1a~cus l ~ Lyttleton r and Rawlins. NOES : None. ABSENT : None . ABSTAIN: Chairman Schlehuber. A 4/- fiJ& CLARENCE SCHLEHUBER, Chair I i CARLSBAD PLANNING COMMISSI 11 ATTEST : c 12 13 14 15 16 17 18 19 LAND USE PLANNING MANAGER 1 20 21 22 23 11 24 ~ 25 I 26 I/ 27 il 28 PC RES0 NO. 2227 -7- I,