The URL can be used to link to this page

Home My WebLink About1983-09-28; Planning Commission; Resolution 2188T I1 0 * I I1 PLANNING COMMISSION RESOLUTION NO. 2188 2 3 4 5 6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY ( CARLSBAD, CALIFORNIA, APPROVING A PLANNING COMMISSIOP DETERMINATION TO INCREASE THE ALLOWABLE DENSITY FROM DU'S/ACRE TO 29.9 DU'S/ACRE FOR A 17 UNIT APARTMENT COMPLEX ON PROPERTY GENERALLY LOCATED ON THE SOUTH SI TAMARACK BETWEEN GARFIELD STREET AND THE AT & SF RAILROAD . APPLICANT: ROACH CASE NO: PCD-51 7 WHEREAS, a verified application for certain property, 8 wit: 9 10 Lot 9 in Block 5 of Palisades No. 2 and the Southwesi 15 feet of Lot 8 according to Map 1803 filed August 1924, Lot 9 in Block 5 of Palisades No. 2 and the Southwesi 15 feet of Lot 8 according to Map 1803 filed August 1924, 11 12 has been filed with the City of Carlsbad, and referred to the September, 1983, consider said request; and 16 15 as provided by Title 21 of the Carlsbad Municipal Code; and 14 WHEREAS, said verified application constitutes a req 13 Planning Commission; and 17 ' 18 all testimony and arguments, if any, of all persons desiring 19 heard, said Commission considered all factors relating to the 20 Planning Commission Determination; and WHEREAS, the Planning Commission did on the 28th day WHEREAS, at said hearing, upon hearing and consider 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin 22 (A) That the foregoing recitations are true and correct. 23 Commission as follows: (R) That based on the evidence presented at the hearing, the 24 mission APPROVES PCD-51, based on the following findings 25 subject to the following conditions: 26 //// 27 //// 28 //// I * !I 0 0 II 1 2 3 4 5 6 7 a 9 10 I Findinss: - 1) The project is consistent with the City's general plan s the proposed density of 29.9 du's/acre is within the den range of 20-30 du's/acre specified for the site as indic on the land use element of the general plan. 2) The site is physically suitable for the type and density the development since the site is adequate in size and s to accommodate residential development at the density pr posed. 3) The project is consistent with all City public facility icies and ordinances since: a) The Carlsbad/San Marcos School District has written letter, dated, September 13, 1983 stating that schoo facilities will be available to this project. 11 12 13 14 15 16 17 18 19 20 21 4) 5) b) All necessary public improvements have been provided will be required as conditions of approval. c) The applicant has agreed and is required by the incl of an appropriate condition to pay a public faciliti fee. Performance of that contract and payment of th will enable this body to find that public facilities be available concurrent with need as required by the general plan. d) Assurances have been given that adequate sewer for tl project will be provided by the City of Carlsbad, The proposed project is compatible with the surrounding : land uses since surrounding properties are designated fo1 residential development on the general plan. This project will not cause any significant environmenta. impacts and a Negative Declaration has been issued by thc Use Planning Manager on June 22, 1983 and approved by thl Planning Commission on September 28, 1983. 22 6) The proposed project complies with all the requirements I Staff Report. 23 Carlsbad Zoning Ordinance (RD-M zone) as discussed in thl. balconies, over and above that required under the RD-M z( sundeck, a patio/barbeque area, heavy landscaping and pri 25 public services and has provided amenities, such as a 7) The proposed project is in close proximity to the beach i 24 26 as discussed in the staff report, 27 8) The project will provide much needed rental units in the 28 city. /I// PC RES0 NO. 2188 -2- I, I1 0 @ 1 2 3 4 5 6 7 Conditions: II 1 ) Approval is granted for PCD-51, as shown on Exhibit(s) 'I4 "G", dated September 28, 1983, incorporated by reference on file in the Land Use Planning Office. Development sh occur substantially as shown unless otherwise noted in t 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 available to serve the subdivision. 8 3) 9 10 11 12 13 14 15 16 4) 5) This project is approved upon the express condition that applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on file the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated Jul: 1983., is on file with the City Clerk and incorporated hl by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan approval for this project shall be void. Approval of this request shall not excuse compliance wit sections of the Zoning Ordinance and all other applicabl ordinances in effect at time of building permit issuance, Water shall be provided by the city of Carlsbad unless s( other arrangement is approved by the City Council. 17' Land Use Planning Conditions: li 18 19 20 21 22 23 24 25 26 27 28 6 ) The applicant shall prepare a detailed landscape and irr tion plan which shall be submitted to and approved by thl Use Planning Manager prior to the issuance of building permits. I1 7) All parking lot trees shall be a minimum of 15 gallons i~ size. 8) All landscaped areas shall be maintained in a healthy an1 thriving condition, free from weeds, trash, and debris. 9) Any signs proposed for this development shall be designec conformance with the City's Sign Ordinance and shall reql review and approval of the Land Use Planning Manager pric installation of such signs. 10) Trash receptacle areas shall be enclosed by a six-foot h: masonry wall with gates pursuant to City standards. Loci of said receptacles shall be approved by the Land Use P1i Manager. PC RES0 NO. 2188 -3- li /I 0 1 2 3 4 11) All roof appurtenances, including air conditioners, shal architecturally integrated and shielded from view and thl sound buffered from adjacent properties and streets, pur to Building Department Policy No. 80-6, to the satisfact the Land Use Planning Manager and Building and Planning Director. 5 Eng ineer ing : 7 Manager. 6 12) Benches and tables shall be located adjacent to the barbc facility to the satisfaction of the Land Use Planning 8 13) 9 10 11 12 14) This project is approved upon the express condition that building permits will not be issued for development of tl subject property unless the City Engineer determines tha sewer capacity is available at the time of application fc such permits and will continue to be available until tim occupancy, This note shall be placed on the final map, The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site, 13 15) The grading for this project is defined as "regular grad: by Section 11.06.170(a) of the Carlsbad Municipal Code. 14 developer shall submit a grading plan for approval which include all required drainage structures and any require( 15 erosion control measures. The developer shall also subm: soils, geologic or compaction reports if required and sh; 16 comply with all provisions of Chapter 11.06 of the Carlsl Municipal Code, 17 16) No grading shall occur outside the limits of the subdivi:. 18 unless a letter of permission is obtained from the owner: 19 the affected properties. 17) Prior to the issuance of a grading permit, the haul routt Engineer. A separate grading plan shall be submitted anc or disposal site if located within the city limits, 20 approved and a separate grading permit issued for the bo1 21 shall be submitted for review and approved by the City 22 23 24 20) The developer shall install street trees at the equivaler 26 prior to occupancy of any buildings. 25 frontage based on a centerline to curb face width 40-foot intervals along all public street frontages in 27 conformance with City of Carlsbad Standards. The trees E be of a variety selected from the approved Street Tree Li 28 21 ) The developer shall install sidewalks along all public st 18) Property shall be graded to drain to Tamarack Avenue. 19) Tamarack shall be improved by the developer along the of 32 feet and in conformance with City of Carlsbad Stand frontages in conformance with City of Carlsbad Standards to occupancy of any buildings. /PC RES0 NO. 2188 -4- 'I . I. 1 2 3 4 5 0 * 22) The developer shall comply with all the rules, regulatiol design requirements of the respective sewer and water agl regarding services to the project. 23) All private driveways shall be kept clear of parked vehi at all times, and shall have posted "NO Parking/Fire Lan Away Zone" pursuant to Section 17.04.040, Carlsbad Munic Code , 6 Fire: ll 7 a 9 10 24) Additional public and/or on site fire hydrants shall be ' quired if deemed necessary by the Fire Marshall. 25) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants on site roads and drives subject to the approval of the Marshall . 11 26) All required fire hydrants, water mains and appurtenance shall be operational prior to combustible building mater 12 being located on the project site. 13 14 15 16 17 27) All private driveways shall be kept clear of parked vehil at all times, and shall have posted "NO Parking/Fire Lanl Away Zone" pursuant to Section 17.04.040, Carlsbad Munic Code, 28) All fire alarm systems, fire hydrants, extinguishing sysf automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for ap] prior to construction. 18 28th day of September, 1983, by the following vote, to wit: 20 Planning Commission of the City of Carlsbad, California, held 19 PASSED, APPROVED AND ADOPTED at a regular meeting of 21 22 AYES : Commissioners Marcus, Lyttleton, Farrow and ABSENT: Commissioners Rombotis and Friestedt. 23 Rawtins. . . -" f NOES: Chairman Schlehuber. 24 25 ABSTAIN: None, i3L-L @&J& CLARENCE SCHLEHUBER, Chairmar 26 //ATTEST: CARLSBAD PLANNING COMMISSION 1 27 28 LAND USE PLANNING MANAGER PC RES0 NO. 2188 5-