HomeMy WebLinkAbout1984-09-26; Planning Commission; Resolution 23600 a
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PLANNING COMMISSION RESOLUTION NO. 2360
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE SUBDIVIS
MAP AND CONDOMINIUM PERMIT TO DEVELOP 8 UNITS ON 0.3
OF PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNE
CARLSBAD BOULEVARD AND SEQUOIA AVENUE.
APPLICANT: THE SHORES
CASE NO: CT 84-18/CP-288
WHEREAS, a verified application for certain property
vit:
Lots 1, 2 and 18 of Palisades, according to Map ther
No. 1747, filed in the Office of the County Recorder
February 5, 1923, I
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22 Zommission as follows: 23
(A) That the foregoing recitations are true and correct.
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(B) That based on the evidence presented at the public heari. 25 the Commission hereby APPROVES CT-84-18/CP-288, based on following findings and subject to the following conditio 26
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.?as been filed with the City of Carlsbad, and referred to the
:?lanning Commission; and
WHEREAS, said verified application constitutes a req
'as prov-ided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 26th da
September, 1984, hold a duly noticed public hearing as prescr
~y law, to consider said request; and
WHEREAS, at said public hearing, upon hearing and
zonsidering all testimony and arguments, if any, 02 all perso
desiring to be heard, said Commission considered all factors
-relating to the Tentative Tract Map and Condominium Permit; a:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninc
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1 // Findings:
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2)
The project is consistent with the City's general plan
the proposed density of 26.6 du's/acre is within the de!
range of 20-30 du's/acre specified for the site as indil
on the land use element of the general plan.
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 pL
posed.
7 11 3) The project is consistent with all City public facility
icies and ordinances since: a
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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 Counc finds that sewer service is available to serve the
project. In addition, the Planning Commission has i
condition that a note shall be placed on the final T
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 Plar
Commission is satisfied that the requirements of thc
public facilities element of the general plan have 1:
met insofar as they apply to sewer service for this project.
b) The Carlsbad School District has written a letter, c
April 30, 1984, stating that school facilities will available to this project.
c) Park-in-lieu fees are required as a condition of ap-
proval.
d) All necessary public improvements have been provided
will be required as conditions of approval.
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e) The applicant has agreed and is required by the incl
of an appropriate condition to pay a public faciliti
fee. Performance of that contract and payment of th
will enable this body to find that public facilities
be available concurrent with need as required by the
general plan.
The proposed project is consistent with the City's Plann
Development Ordinance and also complies with the Design
Guidelines Manual.
This project will not cause any significant environmenta impacts and a Negative Declaration has been issued by th
Use Planning Manager on August 23, 1984 and approved by Planning Commission on September 26, 1984.
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I. konditions:
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Approval is granted for CT 84-18/CP-288, as shown on Ex
September 26, 1984 and "H" - I'M", dated May 15, 1984,
incorporated by reference and on file in the Land Use P1
Office. Development shall occur substantially as shown
otherwise noted in these conditions.
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.
11 A I1 , dated September 26, 1984, Exhibits "E", "F", "G", d
3) This project is approved upon the express condition that
building permits will not be issued for development of t subject property unless the City Engineer determines tha sewer facilities are available at the time of applicatio such sewer permits and will continue to be available unt time of occupancy. This note shall be placed on the fin map.
1) 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 file the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated May 1984, is on file with the City Clerk and incorporated he by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan approval for this project shall be void,
5) The applicant shall pay park-in-lieu fees to the City, F
to the approval of the final map as required by Chapter of the Carlsbad Municipal Code.
20 5) Approval of this request shall not excuse compliance wit
sections of the Zoning Ordinance and all other applicabl
21 ordinances in effect at time of building permit issuance
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25 site plan incorporating the conditions contained herein.
site plan shall be submitted to and approved by the Land 26 Planning Manager prior to the issuance of building permi
27 13) The applicant shall establish a homeowner's association
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'7) Water shall be provided to this project pursuant to the
Service agreement between the City of Carlsbad and the C
Real Water District, dated May 25, 1983.
Land Use Planning Conditions:
8) The applicant shall prepare a reproducible mylar of the
corresponding covenants, conditions and restrictions. S
CC&R's shall be submitted to and approved by the Land Us Planning Manager prior to final map approval.
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1 10) The applicant shall prepare a detailed landscape and ir tion plan which shall be submitted to and approved by t
2 Use Planning Manager prior to the issuance of building ~
3 I/ permits.
11) All parking lot trees shall be a minimum of 15 gallons 411 size.
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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 re
review and approval of the Land Use Planning Manager pr.
installation of such signs.
14) Trash receptacle areas shall be enclosed by a six-foot
masonry wall with gates pursuant to City standards. Lo'
of said receptacles shall be approved by the Land Use P Manager.
15) All roof appurtenances, including air conditioners, sha
architecturally integrated and shielded from view and t'
sound buffered from adjacent properties and streets, pul
to Building Department Policy No. 80-6, to the satisfac:
I the Land Use Planning Manager and Building and Planning
Director.
15 16) Prior to issuance of a building permit the applicant sh:
and common recreation area subject to the approval of tl 16 submit a fencing and lighting plan for the guest parkinc
Land Use Planning Manager. 17
18 Engineering Conditions:
17) The developer shall obtain a grading permit prior to the 19 commencement of any clearing or grading of the site.
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18) The grading for this project is defined as "controlled c
ing" by Section 11.06.170(a) of the Carlsbad Municipal (
Grading shall be performed under the observation of a cj
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 th
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code. I
25 19) No grading shall occur outside the limits of the subdivi unless a letter of permission is obtained from the ownez the affected properties. 26
27 separate grading permit issued for the borrow or disposa
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20) A separate grading plan shall be submitted and approved
if located within the city limits.
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All slopes within this project shall be no steeper than
Prior to hauling dirt or construction materials to any proposed construction site within this project the deve shall submit to and receive approval from the City Engi
for the proposed haul route. The developer shall compl
all conditions and requirements the City Engineer may i with regards to the hauling operation.
The developer shall exercise special care during the construction phase of this project to prevent any off-s
siltation. The developer shall provide erosion control
measures and shall construct temporary desiltation/dete
basins of type, size and location as approved by the Ci
Engineer. The basins and erosion control measures shal
shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer pr
the start of any other grading operations. Prior to thl
removal of any basins or facilities so constructed the
served shall be protected by additional drainage facili,
slope erosion control measures and other methods requir,
approved by the City Engineer. The developer shall mai:
the temporary basins and erosion control measures for a
of time satisfactory to the City Engineer and shall gua~
their maintenance and satisfactory performance through t deposit and bonding in amounts and types suitable to tht
Engineer.
Additional drainage easements and drainage structures sl
provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City I neer.
All land and/or easements required to satisfy the condit
of approval for this project shall be granted to the Cit
without cost to the City, free and clear of all liens ar
encumbrances and without cost to the City.
Direct access rights for all lots abutting Carlsbad
Boulevard shall be waived on the final map.
Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of tk Engineer. Prior to approval of the final map, 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 Ste
to the satisfaction of the City Engineer:
a) Carlsbad Boulevard to one-half width along the projc
frontage and continuing to the centerline of Sequoie
Avenue to major arterial standards except that the s section shall be modified to conform with the latest
revision of the City of Carlsbad Engineering Departm
Drawing Number 227-8 as approved by the City Enginee
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b) Sequoia Avenue to one-half width along the project
frontage and continuing to the easterly line of Car
Boulevard to local street standards except that the
of-way width shall be reduced to 50 feet. A 4.50 f
wide public utility easement having a maximum slope
two percent shall be granted along the project fron
of Sequoia Avenue. Excepting only two entry drivew
and one walkway, no construction shall be placed in easement. Prior to issuance of a Certificate of Occupancy the easement shall have well established
landscaping with small, shallow rooted, perennial vegetation capable of preventing erosion.
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c) The cross-sections for Carlsbad Boulevard and Sequo
Avenue that are shown on the tentative map are specifically not approved.
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d) The right-of-way of Carlsbad Boulevard from the
northwesterly corner of the project to the souther1
right-of-way line of Chinquapin Avenue shall be gra
provide sight distance for the intersection of Carl
Boulevard and Sequoia Avenue in accordance with Cit:
standards.
e) A drainage facility along the easterly boundary of
project to intercept the surface storm flow. The
facility shall be private and shall be privately
maintained from the properties laying to the east o
project.
The developer shall comply with all the rules, regulatil design requirements of the respective sewer and water a! regarding services to the project.
The design of all private streets and drainage systems !
be approved by the City Engineer prior to approval of tE
final map. The structural section of all private streel
shall conform to City of Carlsbad Standards based on R-T tests. All private streets and drainage systems shall I inspected by the city, and the standard improvement plal
and inspection fees shall be paid prior to approval of 1 final map.
23 30) All private streets and drainage systems shall be mainti
sibility shall be clearly stated in the CC&R' s. 24 by the homeowner's association in perpetuity. This res]
25 31) All private driveways shall be kept clear of parked vehj
at all times, and shall have posted "NO Parking/Fire Lar
26 Away Zone" pursuant to Section 17.04.040, Carlsbad Munic
Code.
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32) 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 b
signed and sealed on their first page. Additionally th
sheet of each set of plans shall have the following
certificate:
"DECLARATION OF RFSPONSIBLE CHARGE"
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I hereby declare that I am the Engineer of Work for thi
project, that I have exercised responsible charge over
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 a
only and does not relieve me, as Engineer of Work, of m;
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
design of the project as defined in Section 6303 of tbe
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Firm:
Address:
city, St. :
Telephone:
BY Date :
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19 33) The developer shall provide the City with a reproducible
copy of the tentative map as approved by the Planning
Commission. The tentative map shall reflect the conditl
approval by the City. The map copy shall be submitted t
2o I 21 City Engineer prior to improvement plan submittal.
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34) Prior to recordation of any final map for this developme
the owner shall give written consent to the annexation c
area shown within the boundaries of the Tentative Map ir existing City of Carlsbad Street Lighting and Landscapir 24 District No. 1.
25 35) Approval of this tentative tract map shall expire twentl
months from the date of City Council approval unless a f 26 map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied a 27 discretion of the City Council. In approving an extensi
the City Council may impose new conditions and may revis 28 existing conditions.
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Fire Conditions:
36) Prior to the issuance of building permits, complete bui plans shall be submitted to and approved by the Fire
Department.
37) Additional public and/or on site fire hydrants shall be
quired if deemed necessary by the Fire Marshal.
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The applicant shall submit two (2) copies of a site pla
showing locations of existing and proposed fire hydrant
on site roads and drives subject to the approval of the Marshal
All required fire hydrants, water mains and appurtenanci
shall be operational prior to combustible building mate being located on the project site.
All fire alarm systems, fire hydrants, extinguishing sy automatic sprinklers, and other systems pertinent to th, project shall be submitted to the Fire Department for a,
prior to construction.
be sprinklered or have four-hour fire walls with no ope] therein which shall split the building into 10,000 sq. :
(or less) areas.
PASSED, APPROVED AND ADOPTED at a regular meeting 0:
AYES : Chairman, Rombotis, Commissioners Farrow,
Schlehuber, McFadden, Smith and L'Heureux.
NOES : None.
ABSENT: Commissioner Marcus.
ABSTAIN: None.
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