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HomeMy WebLinkAbout1985-02-14; Planning Commission; Resolution 2415.c .* ll e 0 1 2 3 4 ~ PLANNING COMMISSION RESOLUTION NO. 2415 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING A FIVE LOT SUBDIVISI PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF CHES AVENUE BETWEEN VALLEY STREET AND HIGHLAND DRIVE. APPLICANT: SAHAGUN CASE NO.: CT 84-28 5 11 WHEREAS, a verified application for certain property 6 wit: I/ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 All that portion of Tract 244 of Thum Lands accordin Map 1681 filed December 9, 1915, has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a req as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 14th da February, 1985, hold a duly notice public hearing as prescrib law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all perso desiring to be heard, said Commission considered all factors relating to the Tentative Tract Nap. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public heari following findings and subject to the following conditio 23 24 the Commission hereby APPROVES CT 84-28, based on the 11 Findings: 25 1) The project is consistent with the City's general plan s 26 range of 0-4 du's/acre specified for the site as indicat the proposed density of 2.73 du's/acre is within the den 27 the land use element of the general plan. e 0 2) The site is physically suitable for the type and density accommodate residential development at the density propo 1 2 development since the site is adequate in size and shape icies and ordinances since: 3 3) The project is consistent with all City public facility 4 5 6 7 8 9 10 a) The Planning Commission has, by inclusion of an appr condition to this project, insured that the final ma not be approved unless the City Council finds that s service is available to serve the project. In addit the Planning Commission has added a condition that a shall be placed on the final map that building permi 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 service remains available, and the Planning Commission is sa that the requirements of the public facilities eleme the general plan have been met insofar as they apply sewer service for this project, 11 12 b) The Carlsbad School District has written a letter, d June 21, 1984, stating that school facilities will bl available to this project, 13 I/ c) Park-in-lieu fees are required as a condition of app' 14 15 16 17 18 61) A11 necessary public improvements have been provided will be required as conditions of approval. e) The applicant has agreed and is required by the incl of an appropriate condition to pay a public faciliti Performance of that contract and payment of the fee enable this body to find that public facilities will available concurrent with need as required by the gel plan. 19 14) The proposed project is compatible with the surrounding land uses since surrounding properties are designated fo: 20 residential development on the general plan. 21 5) This project will not cause any significant environnenta: Planning Commission on February 14, 1985. impacts and a Negative Declaration has been issued by thl 22 Use Planning Manager on January 9, 1985 and approved by 23 6) The subdivision complies with Policy 7872 established by 24 City Council on January 8, 1985 since the proposed densil below the mean density of 3 du's/ac established for this 25 26 27 28 //// //// PC RES0 NO. 2415 -2- . 0 e 1 2 3 4 5 6 Conditions: 1 ) Approval is granted for CT 84-28, as shown on Exhibit "A dated January 11, 1985, incorporated by reference and on in the Land Use Planning Office. Development shall occu 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 av to serve the subdivision. 7 8 3) 9 10 11 12 13 14 15 4) This project is approved upon the express condition that building permits will not be issued €or development of tl subject property unless the City Engineer determines tha< facilities are available at the time of application for sewer permits and will continue to be available until til 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 with City Clerk and incorporated herein by reference, and accc to the agreement executed by the applicant for payment o fee, a copy of that agreement, dated June 28, 1984, is 01 with the City Clerk and incorporated herein by reference said fee is not paid as promised, this application will I consistent with the General Plan and approval for this PI shall be void. 16 5) The applicant shall pay park-in-lieu fees to the City, PI the approval of the final map as required by Chapter 20.1 17 the Carlsbad Municipal Code. 18 6) Approval of this request shall not excuse compliance wit! sections of the Zoning Ordinance and all other applicablt 19 ordinances in effect at time of building permit issuance 20 7) Water shall be provided to this project pursuant to the 1 Service agreement between the City of Carlsbad and the Cc 21 Real Water District, dated May 25, 1983. 22 Land Use Planning 23 24 25 26 27 8) A 500' scale map of the subdivision shall be submitted tc Land Use Planning Manager prior to the recordation of the map. Said map shall show all lots and streets within anc adjacent to the project. //// //// llPC RES0 NO. 2415 - .3- 28 I 0 e 9) All landscapted areas shall be maintained in a healthy a 1 thriving condition, free from weeds, trash and debris. 2 3 4 5 6 10) Building identification and/or addresses shall be placed new and existing buildings so as to be plainly visible f street or access road; color of identification and/or ad shall contrast to their background color. Engineering 11) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 7 12) a 9 10 11 12 13 14 15 16 17 13) 14) 18 19 15) 20 21 22 23 24 16) 17) The grading for this project is defined as "controlled g' by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a cis 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 thl Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. Upon completion of grading, the developer shall insure t: "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology a, exposed by the grading operation, all geologic correctivl 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 I or similar drafting film and shall become a permanent re( No grading shall occur outside the limits of the subdivi! unless a letter of permission is obtained from the owner: the affected properties. A separate grading plan shall be submitted and approved i separate grading permit issued for the borrow or disposa: if located within the city limits. All slopes within this project shall be no steeper than : Prior to hauling dirt or construction materials to any PI construction site within this project the developer shall submit to and receive approval from the City Engineer for proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose regards to the hauling operation. 25 //// I1 26 //// 11 27 28 //// PC RES0 NO. 2415 -4- /I 1. ll 0 0 18) 1 2 3 4 5 6 7 8 9 IO 11 12 20) 13 14 15 21) 16 17 18 19 22) 20 21 22 23 24 25 26 27 28 19) 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 require 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 developer shall make an offer of dedication to the C: all public streets and easements required by these condil or shown on the Tentative Map. The offer shall by a 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 thc Engineer. Prior to approval of the final map, the SubdiT 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) James Drive to local street standards, full width, f~ existing southerly terminus southerly as shown on thc tentative map. b) Enclosed storm drain at the location of the existing trapezodial concrete lined open storm drain from the northerly line of the project to the existing box cu: under Chestnut Avenue or alternative drainage facilii acceptable to the City Engineer. c) Street lights. d) Repair and renovation of sidewalk and curb and gutte~ the portion of Chestnut Avenue fronting the project. PC RES0 NO. 2415 -5- a- * 0 1 23) Approval of CT 84-28 is contingent on approval of a strel width and improvement standards variance by the Planning Commission. If the variance is not approved this approv void. Approval of CT 84-28 shall in no way bind the cit approve the street width and improvement standard varian 2 3 4 5 6 7 8 9 10 11 12 13 24) Should the Developer decide to final map and develop pha out of numerical sequence with the approved phasing as s on the tentative map all conditions required of the prec phases shall be completed unless otherwise approved by t City Engineer and the Land Use Planning Manager. 25) Conditions 22(d), 22(c) and 22(b) are required to be com with Phase I to the extent that the improvements front o lots of Phase I. Conditions 22(d), 22(c), 22(b) and 22( required to be completed with Phase 2. 26) "Unless a standards variance has been issued, no varianc City standards are authorized by virtue of approval of t tentative map. 'I 27) "The Developer shall comply with all the rules, regulati and design requirements of the respective sewer and wate agencies regarding servics to the project. I' 14 28) "The Subdivider shall provide separate sewer, water, gas electric services with meters to each of the units." l5 16 29) "The Developer shall provide the City with a reproducibl mylar copy pf the tentative map as approved by the Plann 17 Commission. The tentative map shall reflect the conditio 30) '"Prior to recordation of any final map for the developme l8 Engineer prior to improvement plan submittal." approval by the City. The map shall be submitted to t'ne 19 of this project, the owner shall give written consent to annexation of the area shown within the boundaries of th tentative map into the existing City of Carlsbad Street Lighting and Landscaping District No. 1." 2o I 21 22 23 24 31) "Approval of this tentative tract map shall expire twent months from the date of City Council approval unless a f map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied a discretion of the City Council. In approving an extensi the City Council may impose new conditions and may revis existing conditions. 'I 25 1/ //// 26 I1 //// 27 28 PC RES0 NO. 2415 //// -6 - 11 . *. .- // e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 32) All plans, specifications, and supporting documents for t improvements of this project shall be signed and sealed k Engineer in responsible charge of the work. Each sheet s be signed and sealed, except that bound documents may be and sealed on their first page. Additionally the first s 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 this project, that I have exercised responsible charge over th 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 L only and does not relieve me, as Engineer of Work, of my 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. # 18 I? b ire Conditions: 19 20 21 22 23 24 133) 34 1 35) Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants site roads and drives to the Fire Marshal for approval. All fire alarm systems, fire hydrants, extinguishing syst automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for apy prior to construction. 25 li//// 26 ik/// 27 /// 28 C RES0 NO. 2415 I -7- _. 7. , *. /I 0 0 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 PASSED, APPROVED AND ADOPTED at a regular meeting of Planning Commission of the City of Carlsbad, California, held the 14th day of February, 1985, by the following vote, to wit AYES : Chairman Farrow, Commissioners L'Heureux, Marcus, McFadden, Smith and Rombotis. NOES : None. ABSENT: Commissioner Schlehuber ABSTAIN: None. ATTEST : 4d ,~,' I, h VERNON J(. FARROW, JR/,"eha k"Lh/ CARLSBAD~ANNING COMMISSI MICHAEL J. HmMILLW LAND USE PLANNING MANAGER 1 1 ~ , PC RES0 NO. 2415 ~ -8-