HomeMy WebLinkAbout1984-09-26; Planning Commission; Resolution 2353T
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I. 11 PLANNING COMMISSION RESOLUTION NO. 2353
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP AND
CONDOMINIUM PERMIT FOR 15 UNITS ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF GARFIELD
STREET BETWEEN CHINQUAPIN AVENUE AND DATE
AVENUE.
APPLICANT: GARFIELD STREET CONDOS
CASE NO: CT 84-26/CP-291
I 7 WHEREAS, a verified application for certain propert!
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Lots 5, 6, 7, and 8 in Block "K" of Palisades actor<
to Map 1747 filed February 5, 1923,
has been filed with the City of Carlsbad, and referred to tht
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 26th dz
September, 1984, hold a duly noticed public hearing as prescr
by law, to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persc
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Condominium Permit; z
I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir
commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public heari
the Commission hereby APPROVES CT-84-26/CP-291, based or
following findings and subject to the following conditic
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If
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Findings:
1) The project is consistent with the City's general plan
the proposed density of 26.3 du's/acre is within the del
range of 20-30 du's/acre specified for the site as indil
on the land use element of the general plan.
2) The site is physically suitable for the type and densit:
the development since the site is adequate in size and to accommodate residential development at the density p'
posed.
3) The project is consistent with all City public facility
icies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, insured that final map will not be approved unless the City Coun finds that sewer service is available to serve the project. In addition, the Planning Commission has
condition that a note shall be placed on the final that building permits may not be issued for the pro unless the City Engineer determines that sewer serv available, and building cannot occur within the pro unless sewer service remains available, and the Pla
Commission is satisfied that the requirements of th
public facilities element of the general plan have
met insofar as they apply to sewer service for this
project.
b) The Carlsbad School District has written a
letter, dated March 25, 1982, stating that school
facilities will be available to this project.
c) Park-in-lieu fees are required as a condition of ap proval.
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 fee. Performance of that contract and payment of t will enable this body to find that public facilitie be available concurrent with need as required by th
general plan.
4) The proposed project is consistent with the City's Plan Development Ordinance and also complies with the Design Guidelines Manual.
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PC RES0 NO. 2353 -2-
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1 5) The proposed project is compatible with the surrounding land uses since surrounding properties are designated fc
2 residential development on the general plan.
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6) This project will not cause any significant environmentt impacts and a Notice of Prior Compliance has been issuc
the Land Use Planning Manager on July 24, 1984 and apprc the Planning Commission on September 26, 1984.
Conditions:
1) Approval is granted for CT 84-26/CP-291, as shown on
Exhibits "A" - "E", dated August 24, 1984, incorporated
reference and on file in the Land Use Planning Office.
Development shall occur substantially as shown unless otherwise noted in these conditions.
2) This project is approved upon the express condition that
final map shall not be approved unless the City Council as of the time of such approval that sewer service is available to serve the subdivision.
12 3) This project is approved upon the express condition that
time of occupancy. This note shall be placed on the fir such sewer permits and will continue to be available unt 14
sewer facilities are available at the time of applicatic
subject property unless the City Engineer determines thz 13
building permits will not be issued for development of t
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7)
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This project is approved upon the express condition that
applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on filc the City Clerk and incorporated herein by reference, anc according to the agreement executed by the applicant fo~ payment of said fee, a copy of that agreement, dated Au< 24, 1984, is on file with the City Clerk and incorporatf
herein by reference. If said fee is not paid as promise
this application will not be consistent with the General and approval for this project shall be void.
The applicant shall pay park-in-lieu fees to the City, E
to the approval of the final map as required by Chapter of the Carlsbad Municipal Code.
The applicant shall provide school fees to mitigate coni of overcrowding as part of building permit application. fees shall be based on the fee schedule in effect at thc of building permit application.
The applicant shall give Notice of Conversion to any ter
presently renting units in the project as required by tk Subdivision Map Act and Carlsbad Municipal Code.
28 PC RES0 NO. 2353 -3-
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8) Approval of this request shall not excuse compliance wit
sections of the Zoning Ordinance and all other applicabl
ordinances in effect at time of building permit issuance
9) 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.
Land Use Planning Conditions:
10) 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 Lanc Planning Manager prior to the issuance of building perm]
11) The applicant shall establish a homeowner's association
corresponding covenants, conditions and restrictions. Z
CC&R's shall be submitted to and approved by the Land Uz Planning Manager prior to final map approval ,
12) The applicant shall prepare a detailed landscape and ir~
tion plan which shall be submitted to and approved by tl Use Planning Manager prior to the issuance of building
permits ,
13) A 500' scale map of the subdivision shall be submitted 1
Land Use Planning Manager prior to the recordation of tl final map, Said map shall show all lots and streets wil
and adjacent to the project.
14) All landscaped areas shall be maintained in a healthy a1
thriving condition, free from weeds, trash, and debris.
15) Any signs proposed for this development shall be designc
conformance with the City's Sign Ordinance and shall rec review and approval of the Land Use Planning Manager pr: installation of such signs. Existing real estate signs conform with Section 21.44.100 of the Carlsbad Municipa:
Code.
16) Trash receptacle areas shall be enclosed by a six-foot 1 masonry wall with gates pursuant to City standards. Lo( of said receptacles shall be approved by the Land Use P: Manager ,
17) All roof appurtenances, including air conditioners, sha: architecturally integrated and shielded from view and tl sound buffered from adjacent properties and streets, pu~ to Building Department Policy No. 80-6, to the satisfaci
the Land Use Planning Manager and Building and Planning
Director.
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PC RES0 NO. 2353 -4-
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Engineering Conditions:
18) The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacer property prior to approval of the final map.
19) Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of tlr
Engineer. Prior to approval of the final mapr the Subdi
shall install, or agree to install and secure with apprc:
security as provided by law, improvements shown on the tentative map and the following improvements to City St2 to the satisfaction of the City Engineer:
a) A minimum two-inch thick asphalt overlay on the ful:
width of Garfield Street from the westerly boundary the project to the southwesterly side of the intersf of Date Avenue and Garfield Street.
20) The developer shall comply with all the rules, regulatic
design requirements of the respective sewer and water ac
regarding services to the project.
21) All private streets and drainage systems shall be mainti
by the homeowner's association in perpetuity. This res] sibility shall be clearly stated in the CC&R's.
22) All private driveways shall be kept clear of parked veh: at all times, and shall have posted "No Parking/Fire La1 Away Zone" pursuant to Section 17.04.040, Carlsbad Munic
Code.
23) All plans, specifications, and supporting documents for
improvements of this project shall be signed and sealed Engineer in responsible charge of the work. Each sheet be signed and sealed, except that bound documents may bc signed and sealed on their first page. Additionally thc sheet of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for thi:
project, that I have exercised responsible charge over
design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is
consistent with current standards.
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28 PC RES0 NO. 2353 -5-
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I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a
only and does not relieve me, as Engineer of Work, of my responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
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Address: 5
Firm:
6 ll City, St. :
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BY Date:
(Name of Engineer)
R.C.E. NO. #
24) The developer shall provide the City with a reproduciblf
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 i
City Engineer prior to improvement plan submittal.
25) Prior to recordation of any final map for this developmt
the owner shall give written consent to the annexation ( area shown within the boundaries of the Tentative Map il
existing City of Carlsbad Street Lighting and Landscapil
District No. 1.
26) 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 q discretion of the City Council. In approving an extens: the City Council may impose new conditions and may revi: existing conditions.
Fire Conditions:
27) Proposed security gate systems shall be provided with "I
key operated override switch, as specified by the Fire 1 partment.
28) Fire retardant roofs shall be required on all structure;
29) All fire alarm systems, fire hydrants, extinguishing sy; automatic sprinklers, and other systems pertinent to thi
project shall be submitted to the Fire Department for a:
prior to construction.
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31 ) A local fire alarm system is required. 28
30) The parking garage shall be fully sprinklered.
PC RES0 NO. 2353 -6-
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PASSED, APPROVED AND ADOPTED at a regular meeting of
Planning Commission of the City of Carlsbad, California, held
the 26th day of September, 1984, by the following vote, to wi
AYES : Chairman Rombotis, Commissioners Farrow,
NOES:
ABSEMT: Commissioner Marcus,
Schlehuber, McFadden, Smith and L'Heureux,
None ,
N It ABSTAIN: None. ~ *f
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'I 11 ATTEST:
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LAND USE PLANNING MANAGER
PC RES0 NO. 2353 -7-