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HomeMy WebLinkAbout1985-01-23; Planning Commission; Resolution 2404,_ 0 e I. II PLANNING COMMISSION RESOLUTION NO. 2404 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP FOR SIX LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF MAGNOLIA AVENUE AT GRECOURT WAY. APPLICANT: PUNSLEY-FREIBURGER CASE NO: CT 84-34 6 I/ WHEREAS, a verified application for certain propert! 7 wit: /I 8 westerly boundary, all in the City of Carlsbad. 9 Parcel 2 of Parcel Nap 4171, that portion of tract : Thum Lands, Map 1681 which abuts said Parcel 2 alonc 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 relating to the Tentative Tract Map and 20 desiring to be heard, said Commission considered all factors 19 considering all testimony and arguments, if any, of all persc 18 WHEREAS, at said public hearing, upon hearing and 17 law, to consider said request; and 16 January, 1985, hold a duly noticed public hearing as prescrik 15 WHEREAS, the Planning Commission did, on the 23rd dz 14 as provided by Title 21 of the Carlsbad Municipal Code; and 21 NOW, THEREFORE, BE IT HEREBY .RESOLVED by the Plannin 22 (B) That based on the evidence presented at the public heari 24 (A) That the foregoing recitations are true and correct. 23 Commission as follows: the Commission APPROVES CT-84-34, based on the following 25 findings and subject to the following conditions: 26 /I// 27 //// 28 //// 1 I1 e e ll 1 Findings: 2 3 4 5 6 7 8 9 20 ~ 1) The project is consistent with the city's general plan I it is compatible with the objectives, policies, general uses, and programs expressed in the Land Use Element. I on this finding, the project, although it has a slight11 higher yield, is consistent with the City's general plal the proposed density of 4.2 du's/acre is within the dens range of 0-4 du's/acre specified for the site as indica1 the land use element of the general plan, it does not e: 25 percent of the maximum allocation. 2) The site is physically suitable for the type and densit: the development since the site is adequate in size and I to accommodate residential development at the density p: posed. 3) The project is consistent with all City public facility icies and ordinances since: I 21 12 13 14 15 16 17 18 19 20 21 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 I that buildin3 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 Plal 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, ( January 9, 1985, stating that school facilities wil: available to this project. c) Park-in-lieu fees are required as a condition of ap- proval . 22 d) All necessary public improvements have been providec will be required as conditions of approval. 23 24 25 26 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 tl will enable this body to find that public facilitie: be available concurrent with need as required by tht general plan. 27 4) The proposed project is compatible with the surrounding residential development on the general plan. 28 land uses since surrounding properties are designated fc PC RES0 NO. 2404 -2- JI 1 2 3 4 5 6 7 8 9 0 0 5) This project will not cause any significant environment; impacts and a Negative Declaration has been issued by tl Use Planning Manager on January 8, 1985 and approved by Planning Commission on January 23, 1985. Conditions: ~~~ 1 ) Approval is granted for CT 84-34, as shown on Exhibit "i dated January 23, 1985, incorporated by reference and 01 in the Land Use Planning Office. Development shall oca substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition thal 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. 10 11 3) 12 13 16 15 4) 14 22 21 20 19 18 17 23 5) 6) This project is approved upon the express condition thai building permits will not be issued for development of subject property unless the City Engineer determines th, sewer facilities are available at the time of applicatic such sewer permits and will continue to be available uni time of occupancy. This note shall be placed on the fil map . This project is approved upon the express condition thai 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 fol payment of said fee, a copy of that agreement, dated Se] 11, 1984, is on file with the City Clerk and incorporatc herein by reference. If said fee is not paid as promisf this application will not be consistent with the Genera: and approval for this project shall be void. The applicant shall pay park-in-lieu fees to the City, 1 to the approval of the final map as required by Chapter of the Carlsbad Municipal Code. The applicant shall provide school fees to mitigate con( of overcrowding as part of building permit application. fees shall be based on the fee schedule in effect at thl of building permit application. 24 7) Approval of this request shall not excuse compliance wi. ordinances in effect at time of building permit issuancl 25 sections of the Zoning Ordinance and all other applicab 26 8) Water shall be provided to this project pursuant to the Service agreement between the City of Carlsbad and the i 27 Real Water District, dated May 25, 1983. 28 PC RES0 NO. 2404 -3- /I 0 0 1 2 3 4 5 6 7 8 9 x0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Land Use Planning Conditions: 9) 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 Lan Planning Manager prior to the issuance of building perm 10) A 500' scale map of the subdivision shall be submitted Land Use Planning Manager prior to the recordation of t map. Said map shall show all lots and streets within a adjacent to the project. 11) All landscaped areas shall be maintained in a healthy a thriving condition, free from weeds, trash, and debris. Engineering Conditions: 12) The developer shall obtain a grading permit prior to thl commencement of any clearing or grading of the site. 13) The grading for this project is defined as "controlled I 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 th, Carlsbad Municipal Code. 14) 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 exposed by the grading operation, all geologic correcti 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( 15) No grading shall occur outside the limits of the subdiv unless a letter of permission is obtained from the owne: the affected properties. 16) A separate grading plan shall be submitted and approved separate grading permit issued for the borrow or dispos( if located within the city limits. 17) All slopes within this project shall be no steeper than 18) 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 fl proposed haul route. The developer shall comply with a conditions and requirements the City Engineer may imposi regards to the hauling operation. PC RES0 NO. 2404 -4- 0 19) 1 2 3 4 5 6 7 8 9 10 11 20) 12 13 14 15 16 17 21) 22 ) l8 I 23) 19 ~ 20 21 22 23 24 25 26 27 28 24) The developer shall exercise special care during the construction phase of this project to prevent any off-si siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/deten basins of type, size and location as approved by the Cit Engineer. The basins and erosion control measures shall shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer pri the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the a served shall be protected by additional drainage facilit slope erosion control measures and other methods requirec approved by the City Engineer. The developer shall main. the temporary basins and erosion control measures for a : of time satisfactory to the City Engineer and shall guar their maintenance and satisfactory performance through c' deposit and bonding in amounts and types suitable to the Engineer. 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 pay the current local drainage area prior to approval of the final map for this project or s construct drainage systems in conformance with the Maste Drainage Plan and City of Carlsbad Standards as required City Engineer. The owner of the subject property shall execute a hold h4 agreement regarding drainage across the adjacent propert: to approval of the final map for this project. The developer shall make an offer of dedication to the C all public streets and easements required by these condi. or shown on the Tentative Map. The offer shall be made Certificate on the Final Map for this project. All land offered shall be granted to the City free and clear of a. liens and encumbrances and without cost to the City. St: that are already public are not required to be rededicatl Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of th. Engineer. Prior to approval of the final map, the Subdil shall install, or agree to install and secure with appro] security as provided by law, improvements shown on the tentative map and the following improvements to City Sta~ to the satisfaction of the City Engineer: a) Woodland Way to local street standards from its exis. terminus to the project site and continuing to the el the cul-de-sac. The location of the cul-de-sac shal. such as to harmonize with the cul-de-sac design for ( 27. The cul-de-sac design shown on the tentative ma] specifically not approved. Woodland Way shall be constructed to full width within this project and as the approved improvement plans. //kc RES0 NO. 2404 -5- // e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 b) Magnolia Avenue one-half width plus a 12-foot wide : collector street standards along the frontage of thj project. c) Street transition sections on Magnolia Avenue from 1 ends of the improved section required by sub-item (k this item a distance of no less than SO feet in eacl direction. d) Sanitary sewers. e) Potable water lines. f) Street lights. 25) Unless a standard variance has been issued, no variance City Standards are authorized by virtue of approval of t tentative map. 26) The developer shall install street lights along all pub1 private street frontages in conformance with City of rfal Standards . 27) The developer shall install a wheelchair ramp at the puk street corner abutting the subdivision in conformance wi of Carlsbad Standards prior to occupancy of any buildin5 28) The developer shall comply with all the rules, regulatic design requirements of the respective sewer and water a< regarding services to the project. 29) The Subdivider shall provide separate sewer, water, gas, electric services with meters to each of the lots. 16 30) All plans, specifications, and supporting documents for improvements of this project shall be signed and sealed be signed and sealed, except that bound documents may be of each set of plans shall have the following certificat 17 20 19 and sealed on their first page. Additionally the first 18 Engineer in responsible charge of the work. Each sheet "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for thif design of the project as defined in Section 6703 of the consistent with current standards. 21 Business and Professions Code, and that the design is 22 project, that I have exercised responsible charge over t 23 24 //// 25 26 27 //// //// //// 1 // //// 28 /IPC RES0 NO. 2040 -6- ll /I 0 1 2 3 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) I 4 11 Firm: 5 11 Address: f5 ll City, St.: 7 /I Telephone: a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BY Date: (Name of Engineer) R.C.E. NO. # 31) 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 conditj approval by the City. The map shall be submitted to thc Engineer prior to improvement plan submittal. 32) Prior to recordation of any final map for this developmc owner shall give written consent to the annexation of tk shown within the boundaries of the Tentative Map into ti. existing City of Carlsbad Street Lighting and Landscapir District No. 1. 33) Approval of this tentative tract map shall expire twent] 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 extensj City Council may impose new conditions and may revise e> conditions. Fire Conditions: 34) All required fire hydrants, water mains and appurtenancc be operational prior to combustible building materials 1 located on the project site. 35) All fire alarm systems, fire hydrants, extinguishing syc automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for a1 prior to construction. 36) The new fire hydrant shall be located to the satisfactic the Fire Marshal. //// PC RES0 NO. 2404 -7- .I I/ 1 e 0 PASSED, APPROVED AND ADOPTED at a regular meeting of 2 5 4 23rd day of January, 1985, by the following vote, to wit: 3 Planning Commission of the City of Carlsbad, California, held AYES : Chairman Farrow, Commissioners Schlehuber, NOES : None. L’Heureux, Marcus, Smith and Rombotis. 6 7 8 9 10 11 12 13 14 ABSENT: Commissioner McFadden. ABSTAIN : None. ATTEST: 4%G+ ‘ r(?$p&& I! P’ /? 0 MICHAEL .wLZE/III”eR LAND USE PLANNING MANAGER 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2404 -8- 11