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Home My WebLink About1983-10-12; Planning Commission; Resolution 2200r a e 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 2200 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT P PROPERTY GENERALLY LOCATED OK THE EAST SIDE OF HARD1 STREET BETWEEN PINE AVENUE AND CHESTNUT AVENUE. APPLICANT: GARAPICH/NOGLE CASE NO: SDP 83-7 WHEREAS, a verified application has been filed with City of Carlsbad and referred to the Planning Commission; and 8 II WHEREAS, said verified application constitutes a reg 9 /(provided by Title 21 of the Carlsbad Municipal Code; and - WHEREAS, pursuant to the provisions of the Municipal the Planning Commission did, on the 12th day of October, 1983 10 11 consider said request on property described as: 12 13 the parcel Maps, filed in the off ice of the County E parcel 3, in the City of Carlsbad, as shown on Page 14 15 April 15, 1971; . WHEREAS, at said hearing, upon hearing and consider] testimony and arguments, if any, of all persons desiring to 1 heard, said Commission considered all factors relating to sit Development Plan No. 83-7. 16 17 18 19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannil 20 21 22 23 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 public hear Commission APPROVES SDP 83-7, based on the following fi: and subject to the following conditions: 24 25 plan designation and with the RD-H zone. 26 27 2) The site is physically suitable for the type and densit development since the site is adequate in size and shap accommodate residential development at the density prop Findings: 1) The density of the project is consistent with the RVH g 28 I . /I 0 0 1 2 3 4 5 6 7 8 3) The project is consistent with all City public facility 1 icies and ordinances since: 9 10 a) The Planning Commission has, by inclusion of an apprc condition to this project, insured that the project 1 not be approved unless sewer service is available to the project. In addition, the Planning Commission h' added a condition that that building permits may not issued for the project unless the City Engineer dete that sewer service is available, and building cannot within the project unless sewer service remains avai and the Planning Commission is satisfied that the requirements of the public facilities element of the general plan have been met insofar as they apply to service for this project. b)2 The Carlsbad School District has written a letter, d May 31, 1983, stating that school facilities will be available to this project, 11 d) The applicant has agreed and is required by the incl 12 c) Park-in-lieu fees are required as a condition of app of an appropriate condition to pay a public faciliti 13 Performance of that contract and payment of the fee available concurrent with need as required by the ge 14 enable this body to find that public facilities will 15 plan. 4) This project will not cause any significant environmenta 16 impacts and a Negative Declaration has been issued by th Use Planning Manager on July 29, 1983 and approved by th 17 Planning Commission on August 24, 1983. 18 Conditions: 19 20 21 22 23 24 25 26 27 1 ) Approval is granted for SDP 83-7, as shown on Exhibit "X dated, October 12, 1983, incorporated by reference and o 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. 3) This project is approved upon the express condition that building permits will not be issued for development of t 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 ti occupancy. 28 C RES0 NO, 2200 -2- 1 I/ 0 0 I/ 1 4, 2 3 4 5 This project is approved upon the express condition that applicant shall pay a public facilities fee as required 1 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 01 fee, a copy of that agreement, dated June 20, 1983, is 01 with the City Clerk and incorporated herein by reference said fee is not paid as promised, this application will 1 consistent with the General Plan and approval for this p' shall be void. ; "' The applicant shall pay park-in-lieu fees to the City, p the issuance of building permits as required by Chapter of the Carlsbad Municipal Code. 8 9 ) The applicant shall provide school fees to mitigate cond of overcrowding as part of building permit application. 10 fees shall be based on the fee schedule in effect at the 12 sections of the Zoning Ordinance and all other applicabl 7) Approval of this request shall not excuse compliance wit 11 of building permit application. 11 ) All parking lot trees shall be a minimum of 15 gallons i 19 Planning Manager prior to the issuance of building permi 18 plan which shall be submitted to and approved by the Lan 10) The applicant shall prepare a detailed landscape and irr 17 Planning Manager prior to the issuance of building permi 16 site plan shall be submitted to and approved by the Land site plan incorporating the conditions contained herein. 15 9) The applicant shall prepare a reproducible mylar of the l4 8) Water shall be provided by the City of Carlsbad unless s 13 ordinances in effect at time of building permit issuance other arrangement is approved by the City Council. I size. 2o (11 2) All landscaped areas shall be maintained in a healthy an 21 22 13) Any signs proposed for this development shall be designe 23 conformance with the City's Sign Ordinance and shall req review and approval of the Land Use Planning Manager pri 24 installation of such siqns. 14) Trash receptacle areas shall be enclosed by a six-foot h masonry wall with gates pursuant to City standards. LOC of said receptacles shall be approved by the Land Use P1 Manager . thriving condition, free from weeds, trash, and debris. 25 ! 26 27 I;//// 28 PC RES0 NO. 2200 -3- I I1 e * 1 15) All roof appurtenances, including air conditioners, shal 3 architecturally integrated and shielded from view and th Building Department Policy No. 80-6, to the satisfactior Land Use Planning Manager and Building and Planning Dire 2 buffered from adjacent properties and streets, pursuant 4 6 16) The developer shall obtain a grading permit prior to the 5 Engineering Conditions: commencement of any clearing or grading of the site. 17) 7 8 9 10 I 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 requir6 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. 11 18) No grading shall occur outside the limits of the subdivl unless a letter of permission is obtained from the ownel 12 the affected properties. 13 19) Prior to the issuance of a grading permit, the haul rout separate grading plan shall be submitted and approved ar 14 be submitted for review and approved by the City Engine( 15 separate grading permit issued for the borrow or dispos; if located within the city limits, 16 20) The developer shall install street trees at the equivalc 17 40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees be of a variety selected from the approved Street Tree I 18 19 20 21 22 23 21 ) The developer shall comply with all the rules, regulatic design requirements of the respective sewer and water a! regarding services to the project. 22) All private driveways shall be kept clear of parked veh: all times, and shall have posted "NO Parking/Fire Lane 1 Zone" pursuant to Section 17.04.040, Carlsbad Municipal Fire Conditions: 24 plans shall be submitted to and approved by the Fire Department. 25 26 quired if deemed necessary by the Fire Marshall. 27 25) All private driveways shall be kept clear of parked veh: all times, and shall have posted "NO Parking/Fire Lane : 28 Zone" pursuant to Section 17.04,040, Carlsbad Municipal 23) Prior to the issuance of building permits, complete bui: 24) Additional public and/or on site fire hydrants shall be PC RES0 NO, 2200 -4- a. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 e ? 26) All fire alarm systems, fire hydrants, extinguishing syf automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for aF prior to construction. 27) Prior to the issuance of any building permits the applic and the City shall enter into an agreement which include following requirements: a) That a nurcber of units equal to the density bonc granted, in this case (9f units, be set aside fc affordable rents. b) That the rents for these units not exceed 25 pel of 80 percent of the median income affordable rc defined by HUD or the current Carlsbad Apartment Survey, whichever is lower. c) That these rental units remain subject to the al: criteria for a period of twenty (20) years. PASSED, APPROVED AND ADOPTED at a regular meeting oj Planning Commission of the City of Carlsbad, California, helc the 12th day of October, 1983, by the following vote, to wit: AYES: Chairman Schlehuber, Commissioners Romboti: NOES: None. ABSENT: Commissioner Friestedt. ABSTAIN : None. Marcus, Lyttleton, Farrow and Rawlins. & 5 02 CLARENCE SCHLEHUBER, Chairmi CARLSBAD PLANNING COMMISSIOI ATTEST : LAND USE PLANNING MANAGER 28 PC RES0 NO. 2200 -5-