HomeMy WebLinkAbout1984-06-13; Planning Commission; Resolution 2304f 9 0 0
I. I) PLANNING COMMISSION RESOLUTION NO. 2304
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE SUBDIVISION MAP AND CONDO PERMIT FOR NINE UNITS ON -325 ACRES ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF CARLSBAD BOULEVARD AND WALNUT AVENUE. APPLICANT: OCEAN VIEW CONDOS
CASE NO: CT 84-16/CP-285
WHEREAS, a verified application for certain propert:
wit:
Lots 1, 2 and 3 in Block "A" of Palisades, in the C
Carlsbad, according to Map thereof No. 1747, filed Office of the County Recorder, February 5, 1923,
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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
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WHEREAS, the Planning Commission did, on the 13th d
June, 1984, hold a duly noticed public hearing as prescribed
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 foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hear
the Commission hereby APPROVES CT-84-16/CP-285, based c following findings and subject to the following conditi
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Findings:
I) The project is consistent with the City's general plan
the proposed density of 27.7 du's/acre is within the de
on the land use element of the general plan and justifi 3
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range of 20-30 du's/acre specified for the site as indi
the reasons stated in the staff report.
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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 F posed.
3) The project is consistent with all City public facility
icies and ordinances since:
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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 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 prc
unless the City Engineer determines that sewer sen
available, and building cannot occur within the prc
unless sewer service remains available, and the Ple
Commission is satisfied that the requirements of tk
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 28, 1984, stating that school facilities will be available to this project.
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c) Park-in-lieu fees are required as a condition of a1
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 facilil fee. Performance of that contract and payment of ' will enable this body to find that public facilitic be available concurrent with need as required by tl general plan.
25 4) The proposed project is consistent with the City's Pla~ Development Ordinance and also complies with the Desigi
26 Guidelines Manual.
27 6) This project will not cause any significant environmen
28 Use Planning Manager on May 29, 1984 and approved by t: impacts and a Negative Declaration has been issued by
Planning Commission on June 13, 1984.
PC RES0 NO. 2304 -2-
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1) Approval is granted for CT 84-16/CP-285, as shown on 2
Conditions:
Exhibits "A" - "H" , dated June 13, 1984, incorporated b:
Development shall occur substantially as shown unless 3
otherwise noted in these conditions. 4
reference and on file in the Land Use Planning Office.
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2)
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4)
This project is approved upon the express condition thai
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.
This project is approved upon the express condition tha
subject property unless the City Engineer determines th4 sewer facilities are available at the time of applicatit such sewer permits and will continue to be available un time of occupancy. This note shall be placed on the fi
map.
This project is approved upon the express condition tha applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on fil
the City Clerk and incorporated herein by reference, an'
according to the agreement executed by the applicant fo
payment of said fee, a copy of that agreement, dated Ma
14, 1984, is on file with the City Clerk and incorporat
herein by reference. If said fee is not paid as promis
this application will not be consistent with the Genera
and approval for this project shall be void.
building permits will not be issued for development of
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5) The applicant shall pay park-in-lieu fees to the City,
6) Approval of this request shall not excuse compliance wi 19
of the Carlsbad Municipal Code.
sections of the Zoning Ordinance and all other applicab
to the approval of the final map as required by Chapter
20 ordinances in effect at time of building permit issuanc
21 7) Water shall be provided to this project pursuant to the
Service agreement between the City of Carlsbad and the
22 Real Water District, dated May 25, 1983.
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8)
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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
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.
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permits. 3
tion plan which shall be submitted to and approved by 1
10) The applicant shall prepare a detailed landscape and i~
Use Planning Manager prior to the issuance of building
4 11) All parking lot trees shall be a minimum of 15 gallons size.
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12) A master plan of the existing on site trees shall be pl
to the Land Use Planning Manager as part of the final 1
plan to determine which trees shall be required prior
issuance of a grading permit or a building permit, whit occurs first .
13) All landscaped areas shall be maintained in a healthy
thriving condition, free from weeds, trash, and debris,
14) Any signs proposed for this development shall be desigr conformance with the City's Sign Ordinance and shall rc review and approval of the Land Use Planning Manager PI installation of such signs.
15) Trash receptacle areas shall be enclosed by a six-foot masonry wall with gates pursuant to City standards. LC of said receptacles shall be approved by the Land Use I Manager.
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All roof appurtenances, including air conditioners, shi
architecturally integrated and shielded from view and 1
sound buffered from adjacent properties and streets, pi to Building Department Policy No. 80-6, to the satisfac the Land Use Planning Manager and Building and Plannin? Director.
Metal roofing material shall be Howmet Decor-Rib 412
aluminum, Dark Bronze, as specified on Exhibit "H" , dai
June 13, 1984. Any substitution of materials shall ha1 similar durability and warranties and shall be subject approval of the Land Use Planning Manager.
The spa area as shown on Exhibits A-H shall be moved 1 building projection (west side) to the north.
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19) The developer shall obtain a grading permit prior to tk 24
Engineering Conditions:
20) The grading for this project is defined as "controlled 26 ing" by Section 11.06.170(a) of the Carlsbad Municipal
commencement of any clearing or grading of the site.
Grading shall be performed under the observation of a c
inspection and testing to insure compliance of the worl 28 the approved grading plan, submit required reports to 1 Engineer and verify compliance with Chapter 11.06 of tl Carlsbad Municipal Code.
27 engineer whose responsibility it shall be to coordinatf
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No grading shall occur outside the limits of the subdix
unless a letter of permission is obtained from the own6 the affected properties.
Prior to the issuance of a grading permit, the haul rot
shall be submitted for review and approved by the City
Engineer. A separate grading plan shall be submitted i approved and a separate grading permit issued for the 1 or disposal site if located within the city limits.
All slopes within this project shall be no steeper thal
Direct access rights for all lots abutting Carlsbad
Boulevard shall be waived on the final map.
Improvements including, but not limited to, the follow:
shall be installed by the developer and approved by thc Engineer. The developer shall obtain approval of the 1
from the City Engineer and pay all associated fees and
performance guarantees prior to issuance of any Buildil
Permit. The developer shall install said improvements satisfaction of the City Engineer prior to the issuancc
Certificate of Occupancy or occupancy of any portion 0: project for any purpose. To wit:
a) All improvements shown on the tentative map.
b) Grease traps to intercept storm water and wash-dowl
on the parking area.
Approval of CT 84-16 is granted subject to City vacatic nine feet of existing right-of-way along the property frontage of Carlsbad Boulevard. This condition shall
way bind the City to vacate this area. No building pe: shall be issued until the abondonment procedure is com!
If the City chooses not to vacate said portion of Carl Boulevard this approval will no longer be valid. Prio occupancy, this nine foot vacation shall be entirely landscaped.
The design of all private streets and drainage systems
be approved by the City Engineer prior to approval of
final map. The structural section of all private stre' shall conform to City of Carlsbad Standards based on R tests. All private streets and drainage systems shall
inspected by the city, and the standard improvement pl and inspection fees shall be paid prior to approval of final map.
All private streets and drainage systems shall be main by the homeowner's association in perpetuity. This re sibility shall be clearly stated in the CC&R's.
All private driveways shall be kept clear of parked ve at all times, and shall have posted "NO Parking/Fire L Away Zone" pursuant to Section 17.04.040, Carlsbad Mun Code .
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30) The developer shall provide the City with a reproducibl
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
City Engineer prior to improvement plan submittal.
31 ) 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
discretion of the City Council, In approving an exten:
the City Council may impose new conditions and may rev! existing conditions.
applicant. Said extension shall be approved or denied
Fire Conditions:
32) All fire alarm systems, fire hydrants, extinguishing SI
automatic sprinklers, and other systems pertinent to tl project shall be submitted to the Fire Department for i prior to construction.
33) Building exceeding 10,000 sq. ft. aggregate floor area be sprinklered or have four-hour fire walls with no opc therein which shall split the building into 10,000 sq,
(or less) areas.
PASSED, APPROVED AND ADOPTED at a regular meeting (
Planning Commission of the City of Carlsbad, California, he:
the 13th day of June, 1984, by the following vote, to wit:
AYES : Vice-chairman Rawlins, Commissioners Marc Farrow, Schlehuber and Smith.
19 I NOES: None.
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ABSTAIN: None , 21
ABSENT: Chairman Rombotis.
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26 ATTEST: I1
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LAND USE PLANNING MANAGER
PC RES0 NO. 2304 -6-