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HomeMy WebLinkAbout1984-03-28; Planning Commission; Resolution 22630 * 1 II 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 2263 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP FOR 132 UNITS ON 4.1 ACRES ON PROPERTY LOCATED ON THE SOUTHWEST CORNER OF CARLSBA BOULEVARD AND ELM AVENUE. APPLICANT: CARLSBAD INN CASE NO.: CT 84-6 I/ WHEREAS, a verified application for Certain propert 7 8 I/ w lit: 9 10 11 12 That portion of Tract 97 of Carlsbad Lands, in the Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661 , filed in the Off. the County Recorder of San Diego County; and all th, portion of Blocks 14 and 15 of Town of Carlsbad, in City of Carlsbad, county of San Diego, State of California, according to Map thereof No. 535, filed Office of the County Recorder of San Diego County, 13 to consider said request; and 19 March, 1984, hold a duly noticed public hearing as prescribed 18 WHEREAS, the Planning Commission did, on the 28th de 17 provided by Title 21 of the Carlsbad Municipal Code; and 16 WHEREAS, said verifed application constitutes a reqt 15 Planning Commission; and 14 has been filed with the City of Carlsbad, and referred to thc 20 WHEREAS, at said public hearing, upon hearing and 21 22 considering all testimony and arguments, if any, of all perso relating to the Tentative Tract Map and Condominium Permit. 23 desiring to be heard, said Commission considered all factors 24 Commission as follows: 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin following findings and subject to the following conditio] 28 B) That based on the evidence presented at the public heari 27 A) That the foregoing recitations are true and correct. 26 Planning Commission APPROVES of CT 84-6, based on the //// i 0 0 I. //Findings: 2 1) The site is physically suitable for the type and densit: 5 2) The project is consistent with all City public facility 4 development since the site is adequate in size and shapc 3 accommodate residential development at the density propc icies and ordinances since: 6 7 8 9 10 11 12 13 14 a) The Planning Commission has, by inclusion of an appr condition to this project, insured that the final mi not be approved unless the City Council finds that E Service is available to serve the project. In addit the Planning Commission has added a condition that e shall be placed on the final map that building permi not be issued for the project unless the City Engine determines that sewer service is available, and buil cannot occur within the project unless sewer service remains available, and the Planning Commission is sa that the requirements of the public facilities eleme the general plan have been met insofar as they apply sewer service for this project. b) The project has been conditioned that building permi the project will not be granted until an agreement a the developers responsibility to the Carlsbad School District is reached. 15 16 17 18 19 20 'I c) Park-in-lieu fees are required as a condition of app d) All necessary public improvements have been provided will be required as conditions of approval. e) The applicant has agreed and is required by the incli of an appropriate condition to pay a public facilitil Performance of that contract and payment of the fee 1 enable this body to find that public facilities will available concurrent with need as required by the gei plan 21 22 3) The proposed project is consistent with the Village Desic Manual and the Time Share Ordinance and also complies wit 25 Use Planning Manager on March 8, 1984 and approved by tht impacts and a Negative Declaration has been issued by tht 24 4) This project will not cause any significant environmenta: 23 Design Guidelines Manual. Planning Commission on March 28, 1984. 26 //I/ 27 //// //// 28 PC RES0 NO. 2263 I/ -2- 1 I1 0 0 I/ X 2 Conditions: 3 1 ) Approval is granted for CT 84-6, as shown on Exhibit !'E! March 13, 1984 and Exhibits "B" - "M" , dated February 2 incorporated by reference and on file in the Land Use E 4 Office, Development shall occur substantially as showr otherwise noted in these conditions. 5 2) This project is approved upon the express condition tha 6 final map shall not be approved unless the City Council as of the time of such approval that sewer service is a 7 to serve the subdivision. 8 9 10 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. 11 4) 12 13 14 15 16 17 18 5) 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 February 28, 1984, file with the City Clerk and incorporated herein by ref If said fee is not paid as promised, this application w be consistent with the General Plan and approval for th project shall be void. 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. 19 I 6) Approval of this request shall not excuse compliance wi 20 sections of the Zoning Ordinance and all other applicab 21 ordinances in effect at time of building permit issuancl 24 8) The applicant shall prepare a reproducible mylar of the 23 Land Use Planning Office 22 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: 7) Water shall be provided by the City of Carlsbad unless other arrangement is approved by the City Council. 25 I 26 27 28 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 Commun: Redevelopment Manager prior to final map approval. CC&I shall indicate that each time share unit is restricted i site parking space per unit. PC RES0 NO. 2263 -3- i ll 0 0 I I/ I 10) If this project is phased the commercial uses (retail SI the condominium units are built in phases, the recreatic 2 facilities shall be included in the initial phase. 3 hotel and restaurant) shall be part of the first phase. 41 5 6 7 8 9 1 1 1) 2) 3) 10 11 14) 12 13 14 15 16 17 15) 16) 19 l8 t7) 8) 20 21 22 23 24 25 26 * 9) The management and maintenance program submitted as part application shall receive final written approval by the Use Planning Manager prior to the issuance of building permits. The applicant shall prepare a detailed landscape and irr plan which shall be submitted to and approved by the Lan Planning Manager prior to the issuance of building permi All landscaped areas shall be maintained in a healthy an thriving condition, free from weeds, trash, and debris. Any signs proposed for this development shall be designe conformance with the City's Sign Ordinance and shall req. review and approval of the Land Use Planning Manager pric installation of such signs. All roof appurtenances, including air conditioners, shal: architecturally integrated and shielded from view and thc buffered from adjacent properties and streets, pursuant t Building Department Policy No. 88-6, to the satisfaction Land Use Planning Manager and Building and Planning Direc This project shall be considered a "Time-Share" condomini project and no unit shall sell for an increment of time t exceed one months. A note indicating this shall be place the final map. Approval of Tentative Tract No. 84-6 is granted subject to approval of RP/CUP/CP 84-3. Prior to the issuance of Building Permits, the applicant reach an agreement with the Carlsbad Unified School Distr to the extent of responsibility for fulfillment of Distri development requirements to the satisfaction of the Land I Planning Manager . An agreement shall be processed and recorded pursuant to Section 21.44.160(4) (d)(iii) of the Carlsbad Municipal Coc Said agreement shall provide for mutual easements for park purposes and shall further provide that said easements car be removed or modified without the consent of the City of Carlsbad. The developer shall not restrict the use of the site parking spaces without approval of the City. w ngineerin 27 2811 0) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. -4- il 4 1 2 3 4 5 ‘ 23) 7 24) 8 9 21) 22) 10 25) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26) ‘2 7 1 e 0 No grading shall occur outside the limits of the subdivj unless a letter of permission is obtained from the ownex the affected properties. Prior to the issuance of a grading permit, the haul rout be submitted for review and approved by the City Enginee separate grading plan shall be submitted and approved ar separate grading permit issued for the borrow or dispose if located within the city limits. All slopes within this project shall be no steeper than Additional drainage easements and drainage structures sh provided or installed as may be required by the County Department of Sanitation and Flood Control or the City E neer . The developer shall dedicate the following portions of r of-way to the City: a) A one foot wide strip along the frontage of the projl with Carlsbad Boulevard so as to provide 51 feet of of-way from the center line. b) A five foot wide strip along the frontage of the pro: with Ocean Street so as to provide a 50 foot wide ri? way. Land for all public streets and easements shown on the tt tative map shall be dedicated on the final map and shall granted to city free and clear of all liens and encumbrar Improvements including, but not limited to, the followinc shall be installed by the developer and approved by the ( Engineer prior to filing the final map. Alternately, the installation of said improvements shall be guaranteed by security agreement obtained by the developer in an amount of a type required by the Carlsbad Municipal Code. To wi a) Half street plus full median improvements for the wes side of Carlsbad Boulevard from Oak Avenue to Elm Ave: b) Half street improvements for: 1) The easterly side of Ocean Street from Oak Avenue 2) The northerly side of Oak Avenue from Ocean Stree 3) The southerly side of Elm Avenue from Ocean Streel Elm Avenue. Carlsbad Boulevard. Carlsbad Boulevard. c) Sidewalks around the entire project. d) Storm drain and related facilities from the project s: to the existing storm facilities on the westerly side Ocean Street and thence continuing in a westerly direc to the discharge of said facilities. The storm drainz facilities shall be equipped with (A) grease/oil trap( capable of intercepting petroleum base pollutants. e) Street trees. f) Street lights. -5- r e 0 1 28) The developer shall install a wheelchair ramp at the pu street corner abutting the subdivision in conformance w 2 of Carlsbad Standards prior to occupancy of any buildin 3 4 29) The developer shall comply with all the rules, regulati design requirements of the respective sewer and water a regarding services to the project. 5 6 7 8 9 10 11 30) 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. 31) 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. 12 13 32) All private driveways shall be kept clear of parked veh: all times, and shall have posted “No Parking/Fire Lane : Zone” pursuant to Section 17.04.040, Carlsbad Municipal 14 15 16 17 18 33 1 34 1 I1 Approval of this tentative tract map shall expire twent] 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 i discretion of the City Council. In approving an extens: City Council may impose new conditions and may revise e: conditions. The developer shall preserve all trees located within a1 designated as parking areas on Oak Avenue. :: I 35) The developer shall grant a non-revocable easement for perimeter sidewalks that encroach upon the project site, 21 /I Fire Department 22 23 24 quired if deemed necessary by the Fire Marshall. 25 38) The applicant shall submit two (2) copies of a site plan 26 showing locations of existing and proposed fire hydrants site roads and drives subject to the approval of the Fir 27 Marshall . 36) Prior to the issuance of building permits, complete buil plans shall be submitted to and approved by the Fire Department. 37) Additional public and/or on site fire hydrants shall be //// 28 PC RES0 NO. 2263 -6- .. L e a 1 I1 2 3 4 5 6 7 8 39) All required fire hydrants, water mains and appurtenanc be operational prior to combustible building materials located on the project site, 40) Proposed security gate systems shall be provided with " key operated override switch, as specified by the Fire partment. 41) Fire retardant roofs shall be required on all structure 42) All fire alarm systems, fire hydrants, extinguishing sy automatic sprinklers, and other systems pertinent to thl project shall be submitted to the Fire Department for a prior to construction. 9 10 11 12 13 14 15 16 17 18 43) Building exceeding 10,000 5q.ft. aggregate floor area s sprinklered or have four-hour fire walls with no openin' therein which shall split the building into 10,000 sq.f less) areas. 44) Due to lack of adequate access for firefighters purpose: condominium buildings shall be supplied with built-in f: protection equipment deemed necessary by the Fire Chief equipment may include, but not be limited to, standpipe automatic fire sprinkler systems. PASSED, APPROVED AND ADOPTED at a regular meeting of tht Planning Commission of the City of Carlsbad, California, helc 28th day of March, 1984, by the following vote, to wit: AYES : Chairman Rombotis, Commissioners Rawlins, Schlehuber, Marcus, Lyttleton, Farrow and 19 1 2o ! NOES: None . ABSENT: None. 21 22 23 24 ABSTAIN: None. ABSTAIN: None. 25 ATTEST: I/ 26 27 MICHAEL J. WLZMIMER, Land Use Planning Manager 28 -7-