HomeMy WebLinkAbout1984-03-28; Planning Commission; Resolution 22610 a !
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PLANNING COMMISSION RESOLUTION NO. 2261
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
CARLSBAD, CALIFORNIA, APPROVING A ELEVEN UNIT CONDO1
PROJECT ON PROPERTY GENERALLY LOCATED ON THE SOUTH I
HEMLOCK AVENUE BETWEEN GARFIELD AVENUE AND THE AT&SI RAILROAD . APPLICANT: HEMLOCK CONDOMINIUMS
CASE NO,: CT 83-39/CP-268
WHEREAS, a verified application for certain propert:
wit:
That portion of Lot 16 in Block "M" of Palisades, according to Map No. 1747 filed February 5, 1923,
has been filed with the City of Carlsbad, and referred to th
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 d
March, 1984, hold a duly notice public hearing as prescribed
to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all pers
desiring to be heard, said Commission considered all factors
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 83-39/CP-268, based o
following findings and subject to the following conditi
Findings:
1) The project is consistent with the City's general plan
the proposed density of 24.3 du's/acre is within the de
range of 20-30 du's/acre specified for the site as indi
the land use element of the general plan.
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1 2) The site is physically suitable for the type and density development since the site is adequate in size and shape 2 accommodate residential development at the density propo
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3) The project is consistent with all City public facility icies and ordinances since:
a) The Planning Commission has, by inclusion of an appr
not be approved unless the City Council finds that s 6 service is available to serve the project. In addit the Planning Commission has added a condition that a
not be issued for the project unless the City Engine 8 determines that sewer service is available, and buil cannot occur within the project unless sewer service
that the requirements of the public facilities eleme the general plan have been met insofar as they apply sewer service for this project.
5 condition to this project, insured that the final ma
7 shall be placed on the final map that building permi
9 remains available, and the Planning Commission is sa
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b) The Carlsbad School District has written a letter, d 12 December 20, 1983, stating that school facilities wi
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available to this project.
c) Park-in-lieu fees are required as a condition of apF
d) All necessary public improvements have been provided
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e) The applicant has agreed and is required by the incl of an appropriate condition to pay a public faciliti Performance of that contract and payment of the fee enable this body to find that public facilities will
available concurrent with need as required by the gE plan.
4) The proposed project is consistent with the City's Planr 20 Development Ordinance and also complies with the Design Guidelines Manual. 21
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5) The proposed project is compatible with the surrounding
land uses since surrounding properties are designated fc residential development on the general plan.
6) This project will not cause any significant environmenti impacts and a Negative Declaration has been issued by tk
Use Planning Manager on March 1, 1984 and approved by tl: Planning Commission on March 28, 1984.
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28 PC RES0 NO. 2261 -2-
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Conditions :
1 ) Approval is granted for CT 83-39/CP-268, as shown on Ex'
"F", dated February 14, 1984, incorporated by ref'
and on file in the Land Use Planning Office. Developme
occur substantially as shown unless otherwise noted in conditions.
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2) 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.
3) 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.
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 wit City Clerk and incorporated herein by reference, and ac to the agreement executed by the applicant for payment fee, a copy of that agreement, dated December 20, 1983, file with the City Clerk and incorporated herein by ref If said fee is not paid as promised, this application
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 2C the Carlsbad Municipal Code.
6) The applicant shall provide school fees to mitigate cor
of overcrowding as part of building permit application,
fees shall be based on the fee schedule in effect at tl of building permit application.
7) 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
8) Water shall be provided to this project pursuant to tht
Service Agreement between the City of Carlsbad and the Real Water District, dated May 25, 1983.
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9) 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 Lan
Planning Manager prior to the issuance of building perm
10) The applicant shall establish a homeowner's association
corresponding covenants, conditions and restrictions.
CC&R1s shall be submitted to and approved by the Land U Planning Manager prior to final map approval.
6 11) The applicant shall prepare a detailed landscape and ir plan which shall be submitted to and approved by the La
7 Planning Manager prior to the issuance of building perm
8 12) All landscaped areas shall be maintained in a healthy a
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thriving condition, free from weeds, trash, and debris.
13) Trash receptacle areas shall be enclosed by a six-foot
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masonry wall with gates pursuant to City standards. Lo of said receptacles shall be approved by the Land Use P
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14) Approval of Tentative Tract No. CT 83-39 is granted sub
commencement of any clearing or grading of the site. 15
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approval of Variance 356.
Engineering
15) The developer shall obtain a grading permit prior to th
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16) The grading for this project is defined as "controlled by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a c engineer whose responsibility it shall be to coordinate inspection and testing to insure compliance of the work the approved grading plan, submit required reports to t Engineer and verify compliance with Chapter 11.06 of th Carlsbad Municipal Code.
17) No grading shall occur outside the limits of the subdiv unless a letter of permission is obtained from the owne
the affected properties.
18) Prior to the issuance of a grading permit, the haul rou
be submitted for review and approved by the City Engine
separate grading plan shall be submitted and approved a
separate grading permit issued for the borrow or dispos
if located within the city limits.
19) All slopes within this project shall be no steeper than
20) Additional drainage easements and drainage structures s
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City neer.
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PC RES0 NO. 2261 -4-
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21 ) Improvements including, but not limited to, the followin shall be installed by the developer and approved by the Engineer prior to filing the final map. Alternately, tk:
installation of said improvements shall be guaranteed bq;
security agreement obtained by the developer in an amour of a type required by the Carlsbad Municipal Code. To t
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a)
b)
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d) e)
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9)
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Full street improvements on Hemlock Avenue from a pc feet in a westerly direction from the Santa Fe Railr right-of-way to the Santa Fe Railroad right-of-way.
Half street improvements on the portion of Hemlock Z that fronts the project . Street trees . Street lights.
A D-25 curb outlet and cobble/gravel apron at the e; end of the cul-de-sac constructed per (a) and (b) hc
A "91 barricade at the end of Hemlock Avenue.
Forty-two inch railings protecting all retaining wal over 30 inches in height.
Red painted curb and R-26 No Parking signs in the CI sac.
The developer shall install sidewalks along all public : frontages in conformance with City of Carlsbad Standards to occupancy of any buildings.
14 23) The developer shall comply with all the rules, regulatic
15 design requirements of the respective sewer and water a?
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17 approved by the City Engineer prior to approval of the
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the city, and the standard improvement plan check and 19
conform to City of Carlsbad Standards based on R-value
map. 20
regarding services to the project.
24) The design of all private streets and drainage systems I
map. The structural section of all private streets sha:
All private streets and drainage systems shall be inspec
inspection fees shall be paid prior to approval of the
21 25) All private streets and drainage systems shall be maint(
the homeowner's association in perpetuity. This respon: 22 shall be clearly stated in the CC&R's.
23 26) All private driveways shall be kept clear of parked veh
Zone" pursuant to Section 17.04.040, Carlsbad Municipal 24
all times, and shall have posted "No Parking/Fire Lane '
25 27) Approval of this tentative tract map shall expire twent: months from the date of City Council approval unless a 26 map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied 27 discretion of the City Council. In approving an extens
City Council may impose new conditions and may revise e 28 conditions.
PC RES0 NO. 2261 -5-
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Planning Manager . 3
the property line adjacent to the AT&SF Railroad right-c
28) A 6 ft. solid block wall shall be constructed the lengtl
to mitigate noise, subject to the approval of the Land I
4 Fire Department
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29) Additional public and/or on site fire hydrants shall be quired if deemed necessary by the Fire Marshall.
30) The applicant shall submit two (2) copies of a site pla:
showing locations of existing and proposed fire hydrant site roads and drives subject to the approval of the Fi Marshall .
9 31) All required fire hydrants, water mains and appurtenanc
be operational prior to combustible building materials
10 located on the project site.
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33) All fire alarm systems,, fire hydrants, extinguishing sy 13
partment. 12
32) Proposed security gate systems shall be provided with "
automatic sprinklers, and other systems pertinent to th
14 project shall be submitted to the Fire Department for a prior to construction.
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key operated override switch, as specified by the Fire
PASSED, APPROVED AND ADOPTED at a regular meeting o
Planning Commission of the City of Carlsbad, California, he1
the 28th day of March, 1984, by the following vote, to wit:
19 I AYES : Chairman Rombotis, Commissioners Rawlins,
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ABSENT : None . 22
NOES : None. 21
Schlehuber, Marcus, Lyttleton, Farrow and
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ABSTAIN: None.
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27 IJATTEST:
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lipc '?r;lSo h"O, 236' -6-