HomeMy WebLinkAbout1984-12-12; Planning Commission; Resolution 2389I 0 e
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PLANNING COMMISSION RESOLUTION NO. 2389
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TENTATIVE SUBDIVISION MAP AND CONDOMINIUM
PERMIT FOR 10 UNITS ON .65 ACRES ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF OLIVE
AVENUE BETWEEN THE AT&SF RAILROAD AND GARFIELD STREET.
APPLICANT: BEARMAN
CASE NO: CT 84-13/CP-282
WHEREAS, a verified application for certain propert
wit:
Lot 6 of Block "V" of Palisades Unit No. 2, accordi
Map thereof No. 1803, filed in the office of the Co,
Recorder August 25, 1924,
has been filed with the City of Carlsbad, and referred to th
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 12th d
December, 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 pers
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 Planni
Commission as follows:
(A) That the above recitations are true and correct.
(B) That based on the evidence presented at the public hear Commission APPROVES CT-84-13/CP-282, based on the follo
findings and subject to the following conditions:
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1 Findings:
2 1) The project is consistent with the City's general plan I
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the proposed density of 15.38 du's/acre is within the dt
range of 10-20 du's/acre specified for the site as indic
the land use element of the general plan and is justific
4 the reasons stated in the staff report.
5 2) The site is physically suitable for the type and densit1
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development since the site is adequate in size and shapc
accommodate residential development at the density propc
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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 Engine determines that sewer service is available, and bui: cannot occur within the project unless sewer servict remains available, and the Planning Commission is si
that the requirements of the public facilities elemc
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 19, 1984, stating that school facilities will available to this project. i
c) Park-in-lieu fees are required as a condition of ap]
d) All necessary public improvements have been provide(
will be required as conditions of approval.
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4)
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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 fec
enable this body to find that public facilities wil.
available concurrent with need as required by the gc plan.
The proposed project is consistent with the City's Plan]
Development Ordinance and also complies with the Design Guidelines Manual.
This project will not cause any significant environment,
impacts and a Negative Declaration has been issued by ti
Use Planning Manager on June 18, 1984 and approved by t: Planning Commission on September 26, 1984.
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1) Approval is granted for CT 84-13/CP-282, as shown on Exh 2
onditions F , n BU , 11 cn and n~n , dated December 12, 1984, incorpc
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noted in these conditions. 4
by reference and on file in the Land Use Planning Office Development shall occur substantially as shown unless ot
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5)
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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 a\ to serve the subdivision.
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 thi
facilities are available at the time of application for sewer permits and will continue to be available until ti occupancy. This note shall be placed on the final map.
This project is approved upon the express condition that applicant shall pay a public facilities fee as required Council Policy No. 17, dated April 2, 1982, on file witl'
City Clerk and incorporated herein by reference, and acc to the agreement executed by the applicant for payment (
fee, a copy of that agreement, dated March 12, 1984, is
with the City Clerk and incorporated herein by referencc said fee is not paid as promised, this application will consistent with the General Plan and approval for this 1
shall be void.
The applicant shall pay park-in-lieu fees to the City, 1
the approval of the final map as required by Chapter 20,
the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance wii
sections of the Zoning Ordinance and all other applicab:
ordinances in effect at time of building permit issuancf
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7) 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.
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 Lanc
Planning Manager prior to the issuance of building perm
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.
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
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11 ) All parking lot trees shall be a minimum of 15 gallons i size.
12) All landscaped areas shall be maintained in a healthy ar
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13) Any signs proposed for this development shall be design€
conformance with the City's Sign Ordinance and shall rec review and approval of the Land Use Planning Manager pri installation of such signs.
14) 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 PI Manager.
15) All roof appurtenances, including air conditioners, shal
architecturally integrated and concealed from view and i
sound buffered from adjacent properties and streets, pul to Building Department Policy No. 80-6, to the satisfact the Land Use Planning Manager and Building and Planning Director.
IIEngineering Conditions
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16) The developer shall obtain a grading permit prior to thc 14 commencement of any clearing or grading of the site.
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17) The grading for this project is defined as "controlled
grading" by Section ll.O6.170(a) of the Carlsbad MuniciI Code. The developer shall submit a grading plan for apl which shall include all required drainage structures an( required erosion control measures. The developer shall
submit soils, geologic or compaction reports if requirec
shall comply with all provisions of Chapter 11.06 of thf Carlsbad Municipal Code.
18) Upon completion of grading, the developer shall insure '
"as-graded" geologic plan shall be submitted to the Cit!
Engineer. The plan shall clearly show all the geology t
exposed by the grading operation, all geologic correcti7 measures as actually constructed and must be based on a map which represents both the pre and post site grading plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a or similar drafting film and shall become a permanent r(
19) No grading shall occur outside the limits of the subdiv 25
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unless a letter of permission is obtained from the owne: the affected properties.
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20) The Developer shall place the following notes on the fir map.
"Geotechnical Caution:"
1) The potential for landslides or slope failures have
identified on and adjacent to this property.
2) "Mitigation measures to alleviate the hazards assocj
with the possible landslides or slope failures have required as a condition of approval for the tentatiT for this subdivision."
3) "The owner of this property on behalf of itself and
its successors in interest has agreed to hold harmlc
indemnify the City of Carlsbad from any action that
arise through any geological failure and subsequent
that may occur on, or adjacent to, this subdivision
its construction, operation or maintenance."
21) The developer shall execute a hold harmless agreement
regarding any damage and/or claims that may arise throu!
geological failure and subsequent damage that may occur
adjacent to, this subdivision due to its construction,
operation or maintenance.
22) Retaining walls shall be designed using an equivalent f:
pressure of 64 PSF plus any applicable surcharge for an! portion of their structure that might be wetted as a re! failure of a swimming pool, spa or associated equipment Alternatively the retaining wall shall be provided with redundant systems each capable of relieving hydrostatic pressure and assuring the continued stability of the rei wall and supporting soil.
23) A separate grading plan shall be submitted and approved
a separate grading permit issued for the borrow or dispc site if located within the city limits.
24) All slopes within this project shall be no steeper than
25) Prior to hauling dirt or construction materials to any : construction site within this project the developer sha: submit to and receive approval from the City Engineer fc proposed haul route. The developer shall comply with a. conditions and requirements the City Engineer may imposj
regards to the hauling operation.
26) 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
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their maintenance and satisfactory performance through t 5
the temporary basins and erosion control measures for a 4
slope erosion control measures and other methods requirt 3
removal of any basins or facilities so constructed the i 2
constructed to the satisfaction of the City Engineer pr: the start of any other grading operations. Prior to tht
served shall be protected by additional drainage facilil
approved by the City Engineer. The developer shall mail
of time satisfactory to the City Engineer and shall gua:
deposit and bonding in amounts and types suitable to thr
6 Engineer.
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27) Additional drainage easements and drainage structures SI
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City :
neer .
28) The owner of the subject property shall execute a hold I
agreement regarding drainage across the adjacent proper! to approval of the final map.
29) Land for all public streets and easements shown on the tentative map shall be dedicated on the final map and SI granted to the city free and clear of all liens and
encumbrances.
30) Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of tl
Engineer. Prior to approval of the final map, the subd: shall install, or agree to install and secure with apprc security as providd by law, improvements shown on the tentative map and the following improvements to City St; to the satisfaction of the City Engineer.
a) Street transition section from the northwesterly COJ
the project to a point 40 feet westerly b) Olive Avenue as shown on the plans except that Olivc Avenue shall be constructed to 60-foot wide right-o:
40-foot wide improved section, local street standarc
one-half its width plus an additional 12-foot width Olive Avenue shall be constructed as a cul-de-sac al
easterly terminus as shown on the tentative map c) The existing brow ditch along the easterly boundary project shall be repaired for its entire length d) A 42-inch high solid masonry wall along the entire easterly boundary of the project and continuing nor1 to the centerline of Olive Avenue e) Street light
31 ) The developer shall comply with all the rules, regulatic
design requirements of the respective sewer and water a<
regarding services to the project.
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PC RES0 NO. 2389
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The design of all private streets and drainage systems s
approved by the City Engineer prior to approval of the f map for this project. The structural section of all pri
streets shall conform to City of Carlsbad Standards base
value tests. All private streets and drainage systems E
inspected by the city, and the standard improvement plan
and inspection fees shall be paid prior to approval of t
final map for this project.
All private streets and drainage systems shall be rnainte
the homeowner's association in perpetuity. This respons
shall be clearly stated in the CC&R's.
All private driveways shall be kept clear of parked vehj
all times, and shall have posted "No Parking/Fire Lane 9
Zone" pursuant to Section 17.04.040, Carlsbad Municipal
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 be and sealed on their first page. Additionally the first
of each set of plans shall have the following certificat
"DECLARATION OF RESPONSIBLE CHARGE"
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I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over t
design of the project as defined in Section 6703 of the
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 rn: responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address :
City, St.:
Telephone:
BY Date:
(Name of Engineer)
R.C.E. NO. #
The developer shall provide the City with a reproduciblc copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect the condit approval by the City. The map shall be submitted to thc Engineer prior to improvement plan submittal.
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37) Prior to recordation of any final map for this developme this project, the owner shall give written consent to tk annexation of the area shown within the boundaries of tk Tentative Map into the existing City of Carlsbad Street Lighting and Landscaping District No. 1.
38) Approval of this tentative tract map shall expire twentJ months from the date of City Council approval unless a 1 map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied z discretion of the City Council. In approving an extensi City Council may impose new conditions and may revise ex
conditions.
Fire Department
39) Additional public and/or on site fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
40) The applicant shall submit two (2) copies of a site plar
showing locations of existing and proposed fire hydrantE site roads and drives to the Fire Marshal for approval.
41) Fire retardant roofs shall be required on all structures
42) Brush clearance shall be maintained according to the
specifications contained in the City of Carlsbad LandscE
Guidelines Manual.
43) Building exceeding 10,000 sq.ft. aggregate floor area sh
sprinklered or have four-hour fire walls with no opening
therein which shall split the building into 10,000 sq.ft
less) areas.
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2 PASSED, APPROVED AND ADOPTED at a regular meeting of
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Planning Commission of the City of Carlsbad, California, hell
12th day of December, 1984, by the following vote, to wit:
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ABSENT: None e 7
NOES ! Commissioners McFadden and L'Heureux. 6
AYES : Chairman Rombotis, Commissioners Schlehubel
Marcus, Smith and Farrow.
a ABSTAIN: None.
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10 Ed- I1 BOTIS, Chairman PLANNING COMMISSIOE; 12
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/%-& 'c/ a 14
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LAND USE PLANNING MANAGER 15
ATTEST:
MICHAEL J. WLZMILBER
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