HomeMy WebLinkAbout1983-12-14; Planning Commission; Resolution 22274 P (IF @
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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.
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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:
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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.
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b) The Carlsbad School District has written a letter,
May 11, 1983, stating that school facilities will
available to this project.
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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.
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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
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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
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"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
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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.
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4) This project is approved upon the express condition tha
applicant shall pay a public facilities fee as required
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Council Policy No. 17, dated April 2, 1982, on file wit
City Clerk and incorporated herein by reference, and ac
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to the agreement executed by the applicant for payment
fee, a copy of that agreement, dated September 27, 1983
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file with the City Clerk and incorporated herein by ref
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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.
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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
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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
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19) A wood deck shall be installed around the spa area as
by the fence shown on Exhibit IIB".
PC RES0 NO. 2227 -4-
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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
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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.
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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
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13 commencement of any clearing or grading of the site.
Engineering Conditions
21) The developer shall obtain a grading permit prior to ti
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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-
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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.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting o
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Planning Commission of the City of Carlsbad, California, bel,
the 14th day of December, 1983, by the following vote, to wi.
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AYES : CoIuDi!ssioners Romlzotis,: 3~1a~cus l ~ Lyttleton r
and Rawlins. NOES : None.
ABSENT : None .
ABSTAIN: Chairman Schlehuber. A
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CLARENCE SCHLEHUBER, Chair I i CARLSBAD PLANNING COMMISSI
11 ATTEST :
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LAND USE PLANNING MANAGER
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