HomeMy WebLinkAbout1984-03-28; Planning Commission; Resolution 2262.* '.
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I. I/ PLANNING COMMISSION RESOLUTION NO. 2262
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT Mi CONDOMINIUM PERMIT FOR 36 UNITS ON 5.1 ACRES ON PRO1 GENERALLY LOCATED ON THE SOUTH SIDE OF ALGA ROAD BE9 MANZANITA STREET AND MIMOSA DRIVE.
APPLICANT: NIGUEL INTERIORS
CASE NO.: CT 83-33/CP-257 I
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WHEREAS, a verified application for certain propertq
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Lots 44 and 135 of Carlsbad Tract 72-34 (Rancho La C
Unit No. 2) according to- Map thereof No. 8351 filed Office of the County Recorder of said San Diego Coun
July 28, 1976,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a req
as provided by Title 21 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 28th da
March, 1984, hold a duly noticed public hearing as prescribed
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
relating to the Tentative Tract Map and Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin!
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearil the Commission hereby APPROVES CT 83-33/CP-257, based on following findings and subject to the following conditio1
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Findings:
1) The project is consistent with the City's general plan I
the proposed density of 7 du's/acre is within the densii of 4-10 du's/acre specified for the site as indicated 01 land use element of the general plan.
2) The site is physically suitable for the type and densit;
development since the site is adequate in size and shapc
accommodate residential development at the density propc
3) The project is consistent with all City public facility
icies and ordinances since:
a) The Planning Commission has, by inclusion of an app'
condition to this project, insured that the final m'
not be approved unless the City Council finds that service is available to serve the project. In addil the Planning Commission has added a condition that i shall be placed on the final map that building perm: not be issued for the project unless the City Engint determines that sewer service is available, and bui: cannot occur within the project unless sewer servicc remains available, and the Planning Commission is si that the requirements of the public facilities elemt the general plan have been met insofar as they appl: sewer service for this project.
b) The Carlsbad School District has written a letter, (
March 15, 1984, stating that school facilities will
available to this project.
c) Park-in-lieu fees are required as a condition of apl
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 public facilit,
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 gc plan .
4) The proposed project is consistent with the City's Planr
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 fc
residential development on the general plan.
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6) This project will not cause any significant environment,
impacts and a Negative Declaration has been issued by t: Use Planning Manager on February 17, 1984 and approved
Planning Commission on March 28, 1984.
Conditions:
5 1) Approval is granted for CT 83-33/CP-257, as shown on Ex1
"A1', dated March 7, 1984 and Exhibits "B" - "1" J dated 1
6 14, 1984, incorporated by reference and on file in the :
Planning Office. Development shall occur substantially
7 shown unless otherwise noted in these 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.
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3) This project is approved upon the express condition thai building permits will not be issued for development of i
subject property unless the City Engineer determines thi
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 thai applicant shall pay a public facilities fee as required Council Policy No. 17, dated April 2, 1982, on file wit1
City Clerk and incorporated herein by reference, and acc
to the agreement executed by the applicant for payment c fee, a copy of that agreement, dated September 23, 1983,
file with the City Clerk and incorporated herein by refc If said fee is not paid as promised, this application t
be consistent with the General Plan and approval for thj
project shall be void.
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The applicant shall pay park-in-lieu fees to the City, 1
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6) Approval of this request shall not excuse compliance wit
ordinances in effect at time of building permit issuance sections of the Zoning Ordinance and all other applicabl
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7) Water shall be provided by the City of Carlsbad unless s 23
other arrangement is approved by the City Council.
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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
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1 9) 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. Said CC&
shall incorporate the provision that the Homeowners Association for this project shall have sole maintenanc
responsibility for the R-V parking lot, and landscaping
such lot shall be maintained in a healthy and thriving
condition. The City of Carlsbad has the right, but not
obligation, to enforce the CC&RS.
10) The applicant shall prepare a detailed landscape and ir plan which shall be submitted to and approved by the La Planning Manager prior to the issuance of building perm
11) A 500' scale map of the subdivision shall be submitted Land Use Planning Manager prior to the recordation of t map. Said map shall show all lots and streets within a: adjacent to the project.
12) All landscaped areas shall be maintained in a healthy a: thriving condition, free from weeds, trash, and debris.
13) Any signs proposed for this development shall be design! conformance with the City's Sign Ordinance and shall ret review and approval of the Land Use Planning Manager pr installation of such signs. ~
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14) Trash receptacle areas shall be enclosed by a six-foot
masonry wall with gates pursuant to City standards. Lo
Manager . 1 of said receptacles shall be approved by the Land Use P
15) All roof appurtenances, including air conditioners, sha
architecturally integrated and shielded from view and t buffered from adjacent properties and streets, pursuant
Building Department Policy No. 80-6, to the satisfactio
Land Use Planning Manager and Building and Planning Dir , Engineering
~ 16) The developer shall obtain a grading permit prior to thf commencement of any clearing or grading of the site.
17) The grading for this project is defined as "controlled I
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 tl
Engineer and verify compliance with Chapter 11.06 of thc
Carlsbad Municipal Code.
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18) No grading shall occur outside the limits of the subdiv unless a letter of permission is obtained from the owne the affected properties.
19) 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.
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20) All slopes within this project shall be no steeper than
21) Additional drainage easements and drainage structures s
8 provided or installed as may be required by the County Department of Sanitation and Flood Control or the City
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10 22) During and after the construction phase of this project developer shall exercise special care to minimize soil
the project. The developer shall submit to, and obtain
to issuance of any permits for this project.
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approval of, the City Engineer of a plan to achieve thi: 12
on the project site and to prevent any off-site siltati
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granted to city free and clear of all liens and encumbri tative map shall be dedicated on the final map and shal:
waived on the final map. 16
24) Direct access rights for all lots abutting Alga Road sh4
23) Land for all public streets and easements shown on the
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Improvements including, but not limited to, the followi~
shall be installed by the developer and approved by the
Engineer prior to filing the final map. Alternately, tl
installation of said improvements shall be guaranteed b: security agreement obtained by the developer in an amour
of a type required by the Carlsbad Municipal Code. To \
a) Half street plus full median improvements on the pol
of Alga Road fronting the project, including intersections. The portion of Alga Road between it: intersections with Mimosa Drive and Manzanita Street be designed to conform to major arterial street star except that the width of the paved section shall be feet. The portion of Alga Road west of Mimosa Drivt
be designed to conform to major arterial street star
intersection of Alga Road and Mimosa Drive.
b) The south-westerly curb return and sidewalk at the
c) Sidewalks and wheelchair ramps.
d) Street lights.
e) Sanitary sewer.
f) Street trees.
g) All other improvements shown on the tentative map ir: and description except as noted herein.
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The design of all private streets and drainage systems SI
approved by the City Engineer prior to approval of the f map. The structural section of all private streets shal conform to City of Carlsbad Standards based on R-value t
All private streets and drainage systems shall be inspec the city, and the standard improvement plan check and
inspection fees shall be paid prior to approval of the f map.
All private streets and drainage systems shall be mainta
the homeowner's association in perpetuity. This respons shall be clearly stated in the CC&R's.
28) Approval of this tentative tract map shall expire twenty. 8
applicant. Said extension shall be approved or denied a' 9
months from the date of City Council approval unless a f: map is recorded. An extension may be requested by the
10 discretion of the City Council. In approving an extensic
City Council may impose new conditions and may revise ex.
11 conditions.
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quired if deemed necessary by the Fire Marshall. 30) Additional public and/or on site fire hydrants shall be 1 15
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29) Prior to the issuance of building permits, complete built 13
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Marshall. 18
site roads and drives subject to the approval of the Firc showing locations of existing and proposed fire hydrants 17
31) The applicant shall submit two (2) copies of a site plan l6
Sire Department
plans shall be submitted to and approved by the Fire Department.
l9 ip 2) An all weather access road shall be maintained throughoul
construction.
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33) Adequate emergency vehicle turn-arounds shall be provide(
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34) Proposed security gate systems shall be provided with "Kr 22
deep from property line at street.
cul-de-sac or a hammerhead when driveway is more than 15(
Zone" pursuant to Section 17.04.040, Carlsbad Municipal C
all times, and shall have posted "No Parking/Fire Lane Tc
35) All private driveways shall be kept clear of parked vehic 24
partment.
key operated override switch, as specified by the Fire De
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36) Fire retardant roofs shall be required on all structureE
37) All fire alarm systems, fire hydrants, extinguishing sy:
project shall be submitted to the Fire Department for ay 3 automatic sprinklers, and other systems pertinent to the
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5 PASSED, APPROVED AND ADOPTED at a regular meeting of
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the 28th day of March, 1984, by the following vote, to wit: 7
Planning Commission of the City of Carlsbad, California, held
8 AYES: Chairman Rombotis, Commissioners Rawlins, Schlehuber, Marcus, Lyttleton, Farrow and
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NOES: None .
ABSENT: None.
ABSTAIN: None.
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PC RES0 NO. 2262 -7-
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