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Home My WebLink About1983-06-08; Planning Commission; Resolution 2137.- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTION NO. 2137 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DETJELOPMENT PLAN NO. 83-5, FOR A 24 UNIT APARTMENT PROJECT CONTAINING A MINIMUM OF 25% LOW AND MODERATE INCOME UNITS ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAS' CORNER OF HARDING STREET AND OAK AVENUE. APPLICANT: ZIMMERMAN/CHANDLER CASE NO: SDP 83-5 WHEREAS, a verified application has been filed with City of Carlsbad, and referred to the Planning Commission; a1 WHEREAS, said verified application constitutes a re< as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal the Planning Commission did, on the 8th day of June, 1983, consider said request on property described as: That portion of Lot 1 Subdivision of Tracts 114 and Carlsbad lands per Map No. 1744 filed January 3, 192 WHEREAS, at said hearing, upon hearing and consideri testimony and arguments, if any, of all persons desiring to t heard, said Commission considered all factors relating to Sit Development Plan No. 83-5. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir! Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the hearing, the Commission APPROVES SDP 83-5, based on the following find and subject to the following conditions: Findings: 1) The project is consistent with the City's General Plan si the site has been designated for very high density reside development by the Land Use Element of the General Plan. '. I/ e 0 1 2) The site is physically suitable for the type and density development since the site is adequate in size and shape accommodate the proposed residential development as stat( the staff report. 3 3) The project is consistent with all city public facility 4 2 icies and ordinances since: 5 6 7 8 9 10 11 a) The Planning Commission has, by inclusion of an app condition to this project, insured that the final mi not be approved unless the City Council finds that I service is available to serve the project. In addit the Planning Commission has added a condition that 2 shall be placed on the final map that building perml not be issued for the project unless the City Enginf determines that sewer service is available, and bui: cannot occur within the project unless sewer servicc remains available, and the Planning Commission is si that the requirements of the public facilities elemf the General Plan have been met insofar as they appll sewer service for this project. 12 13 b)2 The Carlsbad School District has written a letter, April 5, 1983, stating that school facilities will available to this project. 14 c) Park-in-lieu fees are required as a condition of apE 15 d) All necessary public improvements have been provided will be required as conditions of approval. 16 17 18 19 e) The applicant has agreed and is required by the incl of an appropriate condition to pay a public facilitj 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 Ge Plan. 2o I1 f) Assurances have been given that adequate sewer for t project will be provided by the city of Carlsbad. " I/ 21 4) The proposed project is compatible with the surrounding 1 property have been designated for or developed with multi 22 uses since the properties on three sides of the subject 23 family residences. 24 25 26 27 28 5) This project will not cause any significant environmenta impacts and a Negative Declaration has been issued by th Use Planning Manager on March 25, 1983 and approved by t Planning Commission on June 8, 1983. 6) The proposed project will provide low and moderate income rental housing as defined by Section 50093 of the State H and Safety Code. PC RES0 NO. 2137 -2- li e 0 1 /I Conditions: 2 3 4 5 6 7 1) Approval is granted for SDP 83-5, as shown on Exhibit(s: "E", dated May 6, 1983, 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 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. 8 3) 9 10 11 12 13 14 15 4, 16 l7 6) 18 5) This project is approved upon the express condition tha,. 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 c fee, a copy of that agreement, dated April 5, 1983, is c with the City Clerk and incorporated herein by reference said fee is not paid as promised, this application will consistent with the General Plan and approval for this E shall be void. The applicant shall pay park-in-lieu fees to the city, i required by Chapter 20.44 of the Carlsbad Municipal Cod( Approval of this request shall not excuse compliance wit sections of the Zoning Ordinance and all other applicab: ordinances in effect at time of building permit issuanct Water shall be provided by the city of Carlsbad unless 2 other arrangement is approved by the City Council. Land Use Planning Off ice 7) The applicant shall prepare a detailed landscape and irr plan which shall be submitted to and approved by the Lar Planning Manager prior to the issuance of building permi 8) All landscaped areas shall be maintained in a healthy ar thriving condition, free from weeds, trash, and debris. 9) 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. 10) All roof appurtenances, including air conditioners, shal architecturally integrated and shielded from view and tk buffered from adjacent properties and streets to the satisfaction of the Land Use Planning Manager and Buildj Planning Director. PC RES0 NO. 2137 -3- / .. I1 e e 1 2 3 4 5 11) Approval of SDP 83-5 is granted subject to approval of Plan Amendment 69(B) and Zone Change 277. 12) At least 25% of the units shall be made available to PC families of low or moderate income as defined by Sectio of State Health and Safety Code. 13) The trash enclosure shall be relocated so it does not i into the frontyard or street sideyard setback. 6 14) The project shall not convert to condominiums unless a1 requirements of Title 21, Section 21.45 are complied wi 7 their entirety. 8 15) The applicant shall prepare an agreement to ensure the availability of units for persons of low and moderate i scheduled for hearing by the City Council. 9 satisfactory to the City Attorney prior to the matter t 10 /I Engineering 11 l2 I1 16) The developer shall obtain a grading permit prior to th Commencement of any clearing or grading of the site. 13 14 15 16 17 18 19 17) The grading for this project is defined as "regular gra Section 11.06.170(a) of the Carlsbad Municipal Code. 'I developer shall submit a grading plan for approval whic include all required drainage structures and any requir erosion control measures. The developer shall also sut soils, geologic or compaction reports if required and s comply with all provisions of Chapter 11.06 of the Carl Municipal Code. 18) No grading shall occur outside the limits of the subdiv unless a letter of permission is obtained from the own€ the affected properties, 19) Additional drainage easements and drainage structures s 20 provided or installed as may be required by the County Department of Sanitation and Flood Control or the City 21 neer. 22 20) The developer shall comply with all the rules, regulati regarding services to the project. 23 design requirements of the respective sewer and water a 24 25 26 27 28 I 21) The design of all private streets and drainage systems approved by the City Engineer prior to approval of buil permits. The structural section of all private streets conform to City of Carlsbad Standards based on R-value All private streets and drainage systems shall be inspe the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of buil permits. PC RES0 NO, 2137 -4- I .. e 0 1 22) All private driveways shall be kept clear of parked veh all times, and shall have posted "NO Parking/Fire Lane 2 Zone" pursuant to Section 17.04.040, Carlsbad Municipal 3 23) The parking as shown on Exhibit ''C", dated May 6, 1983 specifically not approved. Parking space nos. 16, 25, edge of spaces 25 and 37 shall be relocated to provide 4 5 shall be deleted. The support posts adjacent to the sc 24) The driveway shall have a maximum slope of 10% with a II 6 adequate circulation as determined by the City Engineer 4% transition at Oak Avenue within 10 feet of the City 7 of -way. 8 Fire /I - 9 25) Prior to the issuance of building permits, complete bui plans shall be submitted to and approved by the Fire 10 Department. 11 12 26) Additional public and/or on site fire hydrants shall be 27) The applicant shall submit two (2) copies of a site pla 13 showing locations of existing and proposed fire hydrant site roads and drives subject to the approval of the Fi 14 Marshall. 15 28) All required fire hydrants, water mains and appurtenanc 16 located on the project site. 17 29) Proposed security gate systems shall be provided with 'I 18 partment. 19 30) All fire alarm systems, fire hydrants, extinguishing sy automatic sprinklers, and other systems pertinent to th prior to construction. quired if deemed necessary by the Fire Marshall. be operational prior to combustible building materials key operated override switch, as specified by the Fire 20 I project shall be submitted to the Fire Department for a 21 22 11 //// 23 11 //// 24 11 //// //// //// 25 26 //// //// 27 28 PC RES0 NO. 2137 -5- ,L .. ' 7' . a e 1 2 3 4 5 6 7 8 9 LO PASSED, APPROVED AND ADOPTED at a regular meeting c Planning Commission of the city of Carlsbad, California, he1 8th day of June, 1983, by the following vote, to wit: AYES: Chairman Schlehuber, Commissioners Marcus, NOES : None . ABSENT: Commissioner Farrow. ABSTAIN: None . Rombotis, Jose, Friestedt and Rawlins. & ,W&." ' q+&!.!ald. ij CLARENCE SCHLEHUBER, Chairm; CARLSBAD PLANNING COMMISSIOD 11 ATTEST : I1 12 13 MICHAEL J. W2MILfgR, 14 Land Use Planning Manager 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2137 -6-