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Home My WebLink About1983-12-28; Planning Commission; Resolution 2228+ > 0 0 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2228 A RE;SOLUTION OF THE PLANNING COMMISSION OF THE CITl CARLSBAD, CALIFORNIA, APPROVING A FIFTY UNIT TENTA'I TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENEW LOCATED ON THE SOUTHEAST CORNER OF LINCOLN AVENUE i WALNUT AVENUE. APPLICANT: WHALER'S COVE CASE NO.: CT 83-35/CP-259 WHEREAS, a verified application for certain proper1 wit: All of Tract 220 and 224 of Thum Lands according tc No. 1681 filed December 9, 1915 has been filed with the City of Carlsbad, and referred to tk Planning Commission: and WHEREAS, said verified application constitutes a re as provided by Title 21 of the Carlsbad Municipal Code: and WHEREAS, the Planning Commission did, on the 28th c December, 1983, hold a duly noticed public hearing as prescr 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 Planni Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hear the Commission hereby APPROVES CT 83-35/CP-259, based c following findings and subject to the following conditi Findings: 1) The project is consistent with the City's general plan the proposed density of 23 du's/acre is within the dens range of 20-30 du's/acre specified for the site as indi the land use element of the general plan. 0 e 1 2) The site is physically suitable for the type and densit 4 3) The project is consistent with all City public facilitj 3 development since the site is adequate in size and shaF 2 accommodate residential development at the density pro5 icies and ordinances since: 5 6 7 8 9 10 11 a) The Planning Commission has, by inclusion of an apy condition to this project, insured that the final n not be approved unless the City Council finds that service is available to serve the project. In addj the Planning Commission has added a condition that shall be placed on the final map that building pern not be issued for the project unless the City Engir determines that sewer service is available, and buj cannot occur within the project unless sewer servic remains available, and the Planning Commission is s that the requirements of the public facilities elerr the general plan have been met insofar as they appl sewer service for this project. 12 13 b) The Carlsbad School District has written a letter, October 27, 1983, stating that school facilities wi available to this project. 14 li c) Park-in-lieu fees are required as a condition of aF 15 16 17 18 19 j 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 publyc facilit Performance of that contract and payment of the fee enable this body to find that public facilities wi3 available concurrent with need as required by the $ plan. 20 21 22 23 24 25 4) The proposed project is consistent with the City's Plar Development Ordinance and also complies with the Design Guidelines Manual. 5) The proposed project is compatible with the surrounding land uses since surrounding properties are designated f residential development on the general plan. 6) This project will not cause any significant environment impacts and a Negative Declaration has been issued by t Use Planning Manager on December 1, 1983 and approved b Planning Commission on December 14, 1983. 26 11 //// 27 11 //// 28 PC FU3SO NO. 2228 -2- If 0 0 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 Conditions: 1) Approval is granted for CT 83-35/CP-259, as shown on Ex "A" - 'IN", dated October 31, 1983, incorporated by refe and on file in the Land Use Planning Office. Developme occur substantially as shown unless otherwise noted in conditions. 2) This project is approved upon the express condition thr final map shall not be approved unless the City Council as of the time of such approval that sewer service is ; to serve the subdivision. 3) This project is approved upon the express condition thr building permits will not be issued for development of subject property unless the City Engineer determines tk facilities are available at the time of application fo~ sewer permits and will continue to be available until 1 occupancy. This note shall be placed on the final map8 4) This project is approved upon the express condition thi applicant shall pay a public facilities fee as requirec Council Policy No. 17, dated April 2, 1982, on file wit City Clerk and incorporated herein by reference, and a< to the agreement executed by the applicant for payment fee, a copy of that agreement, dated October 26, 1983, file with the City Clerk and incorporated herein by rei If said fee is not paid as promised, this application c be consistent with the General Plan and approval for tk 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 2( the Carlsbad Municipal Code. 6) Approval of this request shall not excuse compliance w: sections of the Zoning Ordinance and all other applical ordinances in effect at time of building permit issuanc 7) The applicant shall prepare a reproducible mylar of tht site plan incorporating the conditions contained herei~ site plan shall be submitted to and approved by the La] Planning Manager prior to the issuance of building per1 8) The applicant shall establish a homeowner's associatiol corresponding covenants, conditions and restrictions. CC&R's shall be submitted to and approved by the Land I Planning Manager prior to final map approval. 9) The applicant shall prepare a detailed landscape and i: plan which shall be submitted to and approved by the L; Planning Manager prior to the issuance of building per1 10) All parking lot trees shall be a minimum of 15 gallons size. PC mS0 NO. 2228 -3- I 0 0 1 2 11) No building shall exceed a height of 35 feet as definec Carlsbad Municipal Code. 12) All landscaped areas shall be maintained in a healthy z 3 review and approval of the Land Use Planning Manager PI 5 13) Any signs proposed for this development shall be desigr 4 thriving condition, free from weeds, trash, and debris, conformance with the City's Sign Ordinance and shall r( installation of such signs. 6 7 masonry wall with gates pursuant to City standards. LC 14) Trash receptacle areas shall be enclosed by a six-foot of said receptacles shall be approved by the Land Use E a Manager. 9 15) All roof appurtenances, including air conditioners, sh? Building Department Policy No. 80-6, to the satisfactic architecturally integrated and shielded from view and t 10 Land Use Planning Manager and Building and Planning Dir 11 buffered from adjacent properties and streets, pursuant 12 13 14 15 16 16) All guest parking spaces shall be clearly marked with I signs. 17) Stamped concrete shall be added to the driveways at var locations to define pedestrian thru-ways to the satisfe the Land Use Planning Manager. 18) Barbecue facilities with picnic tables and benches shal I constructed in the passive recreation area to the satis 11 of the Land Use Planning Manager. 17 I/ Engineering Department 18 I 19) The developer shall obtain a grading permit prior to tk 19 commencement of any clearing or grading of the site. 20 20) The grading for this project is defined as "regular gr? erosion control measures. The developer shall also SUI 22 include all required drainage structures and any requir developer shall submit a grading plan for approval whic 21 Section 11.06.170(a) of the Carlsbad Municipal Code. 7 comply with all provisions of Chapter 11.06 of the Carl 23 soils, geologic or compaction reports if required and E Municipal Code. 24 21) No grading shall occur outside the limits of the subdiv 25 unless a letter of permission is obtained from the owne 26 22) Prior to the issuance of a grading permit, the haul rou 27 be submitted for review and approved by the City Engine separate grading plan shall be submitted and approved B 28 separate grading permit issued for the borrow or dispos if located within the city limits. the affected properties. //// PC RES0 NO. 2228 -4- ., 0 @ 1 2 3 4 5 6 23) All slopes within this project shall be no steeper than 24) Additional drainage easements and drainage structures s provided or installed as may be required by or the Citl neer. 25) All public streets shall be improved by the developer 3: the typical sections shown on the tentative map and in conformance with City of Carlsbad Standards prior to oc of any buildings. '7 8 26) 9 10 11 12 27 1 The improvement of Washington Street shall be provided the applicant along the subdivision frontage based on z to curb width of 24 feet to the satisfaction of the Cit Engineer prior to final map approval. Said improvement not be required by the city until adjacent improvements Washington Street have been provided for. The developer shall install street lights along all puk private street frontages in conformance with City of Ca Standards. 13 28) The developer shall install street trees at the equival 40-foot intervals along all public street frontages in 14 conformance with City of Carlsbad Standards. The trees be of a variety selected from the approved Street Tree l5 29) The developer shall install a wheelchair ramp at the pu design requirements of the respective sewer and water E 30) The developer shall comply with all the rules, regulati I'i' of Carlsbad Standards prior to occupancy of any buildir! 16 street corner abutting the subdivision in conformance M regarding services to the project. 18 19 20 21 22 23 31 1 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 sha conform to City of Carlsbad Standards based on R-value All private streets and drainage systems shall be inspe the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of the map. 24 25 26 27 28 PC RES0 NO. 2228 -5- 32) All private streets and drainage systems shall be maint the homeowner's association in perpetuity. This respon shall be clearly stated in the CC&R's. 33) All private driveways shall be kept clear of parked veb all times, and shall have posted "NO Parking/Fire Lane Zone" pursuant to Section 17.04.040, Carlsbad Municipal /I// '1 I/ e e 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 1 34) Approval of this tentative tract map shall expire twenl months from the date of City Council approval unless a map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied discretion of the City Council. In approving an exten! city Council may impose new CQndltlQnS and may revise 1 conditions. Fire Department 35) All required fire hydrants, water mains and appurtenant be operational prior to combustible building materials located on the project site. 36) 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. Parks and Recreation Department 37) Parking shall be screened per the City of Carlsbad's L4 Guidelines Manual. PASSED, APPROVED AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, he the 28th day of December, 1983, by the following vote, to w AYES : Chairman Schlehuber, Commissioners Rombotj NOES : None. ABSENT: Commissioners Marcus and Farrow. Rawlins and Lyttleton. ABSTAIN : None. CLARENCE SCHLEHUBER, Chair CARLSBAD PLANNING COMMISSIl ATTEST : c LAND USE PLANNING MANAGER PC RES0 NO. 2228 -6-