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Home My WebLink About1983-05-25; Planning Commission; Resolution 2123? // J a 0 3 2 3 4 5 PLANNING COMMISSION RESOLUTION NO. 2123 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING AN INCREASE IN DENS A 14 UNIT APARTMENT PROJECT FROM 20 DU'S/ACRE TO 25 DU'S/ACRE ON A .54 ACRE PROPERTY GENERALLY LOCATED 253/255 TAMARACK AVENUE. APPLICANT: BEN STABILE CASE NO.: PCD-45 f3 I1 WHEREAS, a verified application for certain proper 7 /I wit: 8 // Portion of Lots 9 and 10 of Block "S" of Palisades according to Map No. 1803 filed August 25, 1924. 9 has been filed with the City of Carlsbad and referred to the lo 11 Planning Commission; and 13 as provided by Title 21 of the Carlsbad Municipal Code; and I.2 WHEREAS, said verified application constitutes a re WHEREAS, the Planning Commission did, on the 25th d 14 IIMay, 1983, consider said request; and 15 16 WHEREAS, at said hearing, upon hearing and consider testimony and arguments, if any, of all persons desiring to l" liheard, said Commission considered all factors relating to th, l8 Planning Commission Determination; and 19 20 21 A) That the foregoing recitations are true and correct. 22 B) That based on the evidence presented at the public hear 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannil commission as follows: the Commission APPROVES PCD-45, based on the following findings and subject to the following conditions: 24 /I Findings: 25 26 1) The proposed project complies with all requirements of . 27 Carlsbad Zoning Ordinance as discussed in the staff rep1 2) The design of the proposed project justifies the densit: requested as discussed in the staff report. 28 //// rl I1 0 0 /I 1 2 3 4 5 3) The project is consistent with all city public facility icies and ordinances since: a) The Carlsbad School District has written a letter, I May 19, 1983, stating that school facilities will bl available to this project. b) All necessary public improvements have been provide will be required as conditions of approval. 6 7 8 c) 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 fee enable this body to find that public facilities wil. available concurrent with need as required by the GI Plan. 9 10 11 12 13 14 15 d) Assurances have been given that adequate sewer for project will be provided by the city of Carlsbad. 4) The proposed project is compatible with the surrounding land uses since surrounding properties are designated fl residential development on the General Plan. 5) This project will not cause any significant environment impacts and a Negative Declaration has been issued by the Land Use Planning Manager on May 13, 1983 and ap] by the Planning Commission on May 25, 1983. Conditions : 16 17 18 19 20 21 22 23 24 25 26 27 1) Approval is granted for PCD-45, as shown on Exhibits "A' dated April 19, 1983, incorporated by reference and on : the Land Use Planning office. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition thai building permits will not be issued for development of i 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 t. occupancy. 3) 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 wit1 City Clerk and incorporated herein by reference, and acc to the agreement executed by the applicant for payment c fee, a copy of that agreement, dated May 18, 1983, is 01 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. PC RES0 NO. 2123 2. II 0 1 4) Approval of this request shall not excuse compliance wi. 2 sections of the Zoning Ordinance and all other applicab: 5) Water shall be provided by the city of Carlsbad unless I ordinances in effect at time of building permit issuancl other arrangement is approved by the City Council. 3 4 5 6) The applicant shall prepare a detailed landscape and ir 6 tion plan which shall be submitted to and approved by tl Land Use Planning Manager prior to the issuance of builc Land Use Planning Office 7 permits. 8 7) All landscaped areas shall be maintained in a healthy a] 9 thriving condition, free from weeds, trash, and debris. 8) Any signs proposed for this development shall be designc review and approval of the Land Use Planning Manager pr: 10 installation of such signs. 11 conformance with the city's Sign Ordinance and shall rec 12 9) Trash receptacle areas shall be enclosed by a 6-foot hit masonry wall with gates pursuant to city standards. Lot 13 of said receptacles shall be approved by the Land Use P: Manager. 14 10) All roof appurtenances, including air conditioners, shal 15 architecturally integrated and shielded from view and tl 16 satisfaction of the Land Use Planning Manager and Build: 17 18 19 20 buffered from adjacent properties and streets to the Planning Director. 11) Prior to occupancy of any of the units the existing driT shall be resurfaced and restripped to the satisfaction ( Land Use Planning Manager. Engineering Department 12) The developer shall obtain a grading permit prior to tha 21 commencement of any clearing or grading of the site. 22 23 24 25 26 27 13) The grading for this project is defined as "regular grac Section 11.06.170(a) of the Carlsbad Municipal Code. Tk developer shall submit a grading plan for approval whick include all required drainage structures and any require erosion control measures. The developer shall also subn soils, geologic or compaction reports if required and sk comply with all provisions of Chapter 11.06 of the Carl: Municipal Code. //// //// 28 PC RES0 NO. 2123 3. /I I e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 14) No grading shall occur outside the limits of the projec. a letter of permission is obtained from the owners of tl affected properties. 15) 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 . 16) All land and/or easements required by this project shal granted to the City, without cost to the City, free and of all liens and encumbrances. 17) The developer shall participate in the construction of Tamarack Avenue along his project frontage. The develo shall coordinate with the City of Carlsbad regarding th improvement. The City Engineer may postpone this impro, until contiguous properties develop, in this case a fut improvement agreement shall be required prior to buildi: permit issuance. Fire Department 18) Additional public and/or on site fire hydrants shall be quired if deemed necessary by the Fire Marshall. 19) All private driveways shall be kept clear of parked veh all times, and shall have posted "NO Parking/Fire Lane I Zone" pursuant to Section 17.04.040, Carlsbad Municipal 20) All fire alarm systems, fire hydrants, extinguishing sym automatic sprinklers, and other systems pertinent to thl project shall be submitted to the Fire Department for a: prior to construction. l8 Parks and Recreation Department :: 121) Street trees shall be installed per City standards prio: occupancy of any of the new units. 21 //// il 22 //// 23 //// 24 ///I 25 //// 26 //// 27 //// 28 PC RES0 NO. 2123 II 4. ll 't 0 0 1- 1 PASSED, APPROVED AND ADOPTED at a regular meeting 0 2/1 Planning Commission of the City of Carlsbad, California, helc 3 11 the 25th day of May, 1983, by the following vote, to wit: 4 5 AYES: Chairman Schlehuber, Commissioners Marcus Farrow, Jose, Friestedt and Rawlins. 6 11 NOES: None. 7 8 9 10 ABSENT: Commissioner Rombotis. ABSTAIN: None. CLARENCE SCHLEHUBER, Chair. CARLSBAD PLANNING COMMISSIl 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I/ PC RES0 NO. 2123 5. JJ