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HomeMy WebLinkAbout1984-09-12; Planning Commission; Resolution 2331t e e 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 2331 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TEJ! SUBDIVISION MAP FOR 56 CONDOMINIUM UNITS ON 1.56 ACI PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CARL! BOULEVARD BETWEEN PINE AVENUE AND WALNUT AVENUE. APPLICANT: TAMARACK BEACH RESORT CASE NO.: CT 84-21 WHEREAS, a verified application for certain propert! 7 Ilwit: 8 9 A portion of Tracts 201 and 202 of Thum Lands, in tl of Carlsbad, according to Map thereof No. 1681, filc the Off ice' of the County Recorder, December 9, 1915 10 Planning Commission; and 11 has been filed with the City of Carlsbad, and referred to thc 12 WHEREAS, said verified application constitutes a re( 13 WHEREAS, the Planning Commission did, on the 8th da; 14 as provided by Title 21 of the Carlsbad Municipal Code; and hearing as prescribed by law to consider said request; and 16 August, and 12th day of September 1984, hold a duly noticed : 15 17 WHEREAS, at said public hearing, upon hearing and 18 desiring to be heard, said Commission considered all factors 19 considering all testimony and arguments, if any, of all perm relating to the Tentative Tract Map and Condominiium Permit. 20 21 Commission as follows: 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni B) That based on the evidence presented at the public hear 24 A) That the above recitations are true and correct. 23 Commission recommends APPROVAL of CT 84-21, based on th 25 following findings and subject to the following conditi 26 /// 27 /// I 28 /// Y 1 /I e e 1 Findings: 2 4 3 1) 5 6 7 8 9 10 11 12 13 14 2) 3) The project is consistent with the City's General Plan 5 the proposed tentative map is consistent with the Travel Service designation specified for the site as indicated Land Use Element of the General Plan. The site is physically suitable for the type and densit; development since the site is adequate in size and shapf accommodate residential development at the density propc 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 mz not be approved unless the City Council finds that : service is available to serve the project. In addit 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 Engine determines that sewer service is available, and buil cannot occur within the project unless sewer servicc remains available, and the Planning Commission is si that the requirements of the public facilities eleme the general plan have been met insofar as they appll sewer service for this project. 15 16 b) All necessary public improvements have been provide( will be required as conditions of approval. 1'7 18 19 I c) 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 fec enable this body to find that public facilities wil: available concurrent with need as required by the gt plan . 20 21 22 23 24 4) The proposed subdivision meets all of minimum developmer standards of the underlying zone, except for lot area, 2 permitted by the Planned Development Permit and discuss€ the staff report. 5) This project will not cause any significant environmentc impacts and a Negative Declaration has been issued by tl Use Planning Manager on July 17, 1984 and approved by tk Planning Commission on August 8, 1984. 25 //// 27 //// 26 //// 28 PC RES0 NO. 2331 -2- I 0 1 Conditions: a 2 1) Approval is granted for CT 84-21, as shown on Exhibit dated August 8, 1984, incorporated by reference and on substantially as shown unless otherwise noted in these 3 conditions. 4 the Land Use Planning Office. Development shall occur 5 6 2) 7 8 9 10 11 //// 3) This project is approved upon the express condition th2 final map shall not be approved unless the City Counci; as of the time of such approval that sewer service is i to serve the subdivision. This project is approved upon the express condition thi building permits will not be issued for development of subject property unless the City Engineer determines tl facilities are available at the time of application fol sewer permits and will continue to be available until 1 occupancy. This note shall be placed on the final map. 12 //// 13 //// 14 15 /I// //// 17 //// 16 //// //// 27 //// 26 //// 25 //// 24 //// 23 //// 22 //// 21 //// 20 //// 19 //// 18 28 PC RES0 NO. 2331 -3- ,I I1 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 4) This project is approved upon the express condition thz 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 ac to the agreement executed by the applicant for payment fee, a copy of that agreement, dated August 6, 1984, is on file with the City Clerk and incorporated herein reference. If said fee is not paid as promised, this application will not be consistent with the General Plz approval for this project shall be void. 5) 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 6) Water shall be provided to this project pursuant to the Service agreement between the City of Carlsbad and the Real Water District, dated May 25, 1983. 7) The applicant shall prepare a reproducible mylar of the site plan incorporating the conditions contained hereir site plan shall be submitted to and approved by the Lar Planning Manager prior to the issuance of building pern 8) The applicant shall establish a homeowner's associatior 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 Li Planning Manager prior to the issuance of building per1 10) A 500' scale map of the subdivision shall be submitted Land Use Planning Manager prior to the recordation of ' map. Said map shall show all lots and streets within i adjacent to the project. 11) All parking lot trees shall be a minimum of 15 gallons size. 12) All landscaped areas shall be maintained in a healthy ( thriving condition, free from weeds, trash, and debris 13) Any signs proposed for this development shall be desig~ conformance with the City's Sign Ordinance and shall r( review and approval of the Land Use Planning Manager p' installation of such signs. 14) Trash receptacle areas shall be enclosed by a six-foot masonry wall with gates pursuant to City standards. L1 of said receptacles shall be approved by the Land Use : Manager. PC RES0 NO. 2331 -4- I1 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 If 0 0 15) All roof appurtenances, including air conditioners, she architecturally integrated and shielded from view and t buffered from adjacent properties and streets, pursuant Building Department Policy No. 80-6., to the satisfactic Land Use Planning Manager and Building and Planning Dir 16) Approval of Tentative Tract No. CT 84-21 is granted subject to approval of Redevelopment Permit/Conditional Use Permit 84-11/CP-290. 17) All conditions of RP/CUP 84-11/CP-290, Resolution No. ( hereby incorporated by reference and shall be complied full. 18) The applicant shall construct a 6 foot high solid masor wall along the easterly property line. The design for wall shall be approved by the Land Use Planning Manager to issuance of Building Permits and construction comple prior to occupancy. Engineering Department: 19) The developer shall obtain a grading permit prior to tk commencement of any clearing or grading of the site. 20) 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 tk Carlsbad Municipal Code. 21) No grading shall occur outside the limits of the subdil unless a letter of permission is obtained from the own6 the affected properties. 22) 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. 23) All slopes within this project shall be no steeper than //// //// //// //// PC RES0 NO. 2331 -5- a 0 1 2 3 4 5 6 7 8 9 10 ~ 24) The developer shall exercise special care during the construction phase of this project to prevent any off- siltation. The developer shall provide erosion contro measures and shall construct temporary desiltation/det basins of type, size and location as approved by the C Engineer. The basins and erosion control measures she shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer E the start of any other grading operations. Prior to t removal of any basins or facilities so constructed the served shall be protected by additional drainage facil slope erosion control measures and other methods requj approved by the City Engineer. The developer shall mz the temporary basins and erosion control measures for of time satisfactory to the City Engineer and shall gt their maintenance and satisfactory performance througl deposit and bonding in amounts and types suitable to 1 Engineer. ~ 11 provided or installed as may be required by the Count] 12 Department of Sanitation and Flood Control or the Cit] neer. l3 14 26) All land and/or easements required to satisfy the conc approval for this project shall be granted to the Cit] and clear of all liens and encumbrances and without c< 25) Additional drainage easements and drainage structures 15 /I City. 16 17 27) All improvements required as conditions of approval SI completed to the satisfaction of the City Engineer pr: issuance of a Certificate of Occupancy for any portio] project unless otherwise specifically noted. 1811 //// 19/1 //// 2o 11 //// 2111 //// 221; //// 2311 //// 2411 //// 25 11 //I/ I 26 //// 27 //// '* PC RES0 NO. 2331 -6- I 1 2 3 4 0 0 28) Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of 1 Engineer. Prior to approval of the final map, the Subc shall install, or agree to install and secure with appr security as provided by law, improvements shown on the tentative map and the following improvements to City SI to the satisfaction of the City Engineer: 5 6 7 8 9 10 11 12 13 14 15 16 17 29) a) Improvements shown on the Tentative Map. b) Walnut Avenue and Pine Avenue to local street stanc except that their width shall be as shown on the Tc Map for one-half their width adjacent to the projec an additional twelve feet. The street shall be imy along the entire project frontage. c) Carlsbad Boulevard to major arterial standards, ex( only that the lane widths shall be as shown on E.xh: and the developer shall construct only the portion street including and laying to the east of the med: The street shall be improved from the centerline oJ Avenue to the centerline of Walnut Avenue. The me( island included in this sub-item shall be installec the City Engineer so directs. driveways served by Walnut Avenue. The developer : provide a secured agreement with right of lein aga: project to guarantee continued operation of the syc d) A signal system to control exiting traffic on the e) Street striping and signage. f) Street lights. Direct access rights for all lots abutting Carlsbad Boulevard shall be waived on the final map except for driveway entrances shown on the Tentative Map. 18 19 20 21 30) The developer shall offer to delegate that portion of designated as, "exist, ease, for highway, purposes. . . 'I the corner cutoffs at the corner of Walnut Avenue and ( Boulevard and the corner of Pine Avenue and Carlsbad Boulevard. The corner cutoffs shall have radii of 25 : shall be tangent to the existing right-of-way line of ( Boulevard and shall be located in relation to Walnut a] Avenues as directed by the City Engineer. 22 23 31 ) The developer shall comply with all the rules, regulat. design requirements of the respective sewer and water , regarding services to the project. 24 25 26 27 28 32) 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 sh' conform to City of Carlsbad Standards based on R-value All private streets and drainage systems shall be inspl the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of the map. 1 PC RES0 NO. 2331 -7- /I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I e e 33) All private streets and drainage systems shall be mair the homeowner's association in perpetuity. This respc shall be clearly stated in the CC&R's. 34) All private driveways shall be kept clear of parked ve all times, and shall have posted "NO Parking/Fire Lane Zone" pursuant to Section 17.04.040, Carlsbad Municipa 35) All plans, specifications, and supporting documents fo improvements of this project shall be signed and seale Engineer in responsible charge of the work. Each shee be signed and sealed, except that bound documents may and sealed on their first page. Additionally the firs of each set of plans shall have the following certific "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for th project, that I have exercised responsible charge over design of the project as defined in Section 6703 of th Business and Professions Code, and that the design is consistent with current standards. I understand that the check of project drawings and specifications by the City of Carlsbad is confined to i only and does not relieve me, as Engineer of Work, of 1 responsibilities €or project design. (Name, Address and Telephone of Engineering firm) Firm: Address : ~~ ~~~ ~~ City, St.: Telephone: BY Date : (Name of Engineer) R.C.E. NO. # 36) The developer shall provide the City with a reproducibl copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect the condit approval by the City. The map copy shall be submitted City Engineer prior to improvement plan submittal. 37) Prior to recordation of any final map for this developn owner shall give written consent to the annexation of t shown within the boundaries of the Tentative Map into t existing City of Carlsbad Street Lighting and Landscapi District No. 1. PC RES0 NO. 2331 -8- -. 0 a 1 38) Approval of this tentative tract map shall expire twent months from the date of City Council approval unless a applicant. Said extension shall be approved or denied City Council may impose new conditions and may revise e 2 conditions. 4 discretion of the City Council. In approving an extens 3 map is recorded. An extension may be requested by the 5 6 7 8 9 10 11 39) The construction of all of the necessary onsite facilit fire protection and domestic service are to be a "publi system" with an onsite intertie between Walnut Avenue a1 Avenue. Fire Department 40) Prior to the issuance of building permits, complete bui: plans shall be submitted to and approved by the Fire Department. 41) Additional public and/or on site fire hydrants shall be quired if deemed necessary by the Fire Marshal. 12 42) All required fire hydrants, water mains and appurtenanct located on the project site. 13 be operational prior to combustible building materials 1 partment . 15 key operated override switch, as specified by the Fire r 43) Proposed security gate systems shall be provided with "E 14 16 17 18 19 20 44) All fire alarm systems, fire hydrants, extinguishing sy: automatic sprinklers, and other systems pertinent to thc project shall be submitted to the Fire Department for a$ prior to construction. 45) Building exceeding 10,000 sq.ft. aggregate floor area SI sprinklered or have four-hour fire walls with no openinc therein which shall split the building into 10,000 sq.ft less) areas. 21 PC RES0 NO. 2331 -9- 28 //// 27 //// 26 //// 25 //// 24 //// 23 //// 22 //// .* 0 e 1 li PASSED, APPROVED AND ADOPTED at a regular meeting C 2 I/ Planning COItUniSSiOn Of the City of Carlsbad, California, he1 3 I/ the 12th day of September, 1984, by the following vote, to w 4 5 6 AYES : Chairman Rombotis, Commissioners Marcus, NOES : None. ABSENT: None. Farrow, Schlehuber, McFadden and Smith. 7 8 9 ABSTA1N:None. lo ATTEST : 11 12 13 14 LAND USE PLANNING MANGER 15 16 17 18 19 I 20 21 22 23 24 25 26 II 27 28 PC RES0 NO. 2331 -1 0- 1