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HomeMy WebLinkAbout1984-09-26; Planning Commission; Resolution 2359f' I 1 2 3 4 5 e e PLANNING COMMISSION RESOLUTION NO. 2359 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT AMENDMENT NO. SDP 83-10(A), TO REDESIGN AND LOWER THE DENSITY OF AN APPROVED APARTMENT PROJECT ON PRO GENERALLY LOCATED AT 336 and 372 PINE AVENUE. APPLICANT: PINE AVENUE APARTMENT COMPLEX CASE NO.: SDP 83-10(A) I 6 7 8 9 WHEREAS, a verified application has been filed with City of Carlsbad, and referred to the Planning Commission; a] WHEREAS, said verified application constitutes a ret provided by Title 21 of 'the Carlsbad Municipal Code; and 10 11 WHEREAS, pursuant to the provisions of the Municipa the Planning Commission did, on the 26th day of September, 1 12 13 14 15 considered said request on property described as: I The Northeasterly 159 feet of Tract 99 of Carlsbad : in the City of Carlsbad, County of San Diego, State California, according to the Map thereof No. 1661, . in the Office of the County Recorder of San Diego, I 1, 1915. 16 17 18 WHEREAS, at said hearing, upon hearing and consider: testimony and arguments, if any, of all persons desiring to heard, said Commission considered all factors relating to Si. 19 !! Development Plan No. SDP 83-10(A). 20 I1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannii 21 22 23 24 25 26 Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the hearing, thc Commission APPROVES SDP 83-10(A), based on the followin5 findings and subject to the following conditions: Findings: 1) The density of the revised project is consistent with tl General Plan designation and RD-H zone. 27 I//// 28 I I, /I 0 0 - I/ L 2 2) The site is physically suitable for the type and densil 3 shape to accommodate residential development at the del the revised development since the site is adequate in : proposed. 4 I1 3) The project is consistent with all City public facilit: icies and ordinances since: 5 6 a) The Planning Commission has, by inclusion of an apl condition to this project, insured that the final 1 not be approved unless the City Council finds that 7 a 9 10 11 service is available to serve the project. In add the Planning Commission has added a condition that shall be placed on the final map that building per] not be issued for the project unless the City Engi! determines that sewer service is available, and bu cannot occur within the project unless sewer servii remains available, and the Planning Commission is that the requirements of the public facilities elel the general plan have been met insofar as they app sewer service for this project. 12 13 14 15 16 17 18 b) The Carlsbad School District has written a letter, January 24, 1984, stating that school facilities w available to this project. d) All necessary public improvements have been providi will be required as conditions of approval. e) The applicant has agreed and is required by the in of an appropriate condition to pay a public facili Performance of that contract and payment of the fe enable this body to find that public facilities wi available concurrent with need as required by the plan. I’ 20 1 4) The proposed project is compatible with the surroundin 23 1 ) Approval is granted for SDP 83-10(A), as shown on Exhi 22 Conditions : 21 residential development on the general plan. land uses since surrounding properties are designated substantially as shown unless otherwise noted in these 24 file in the Land Use Planning Office. Development sha building permits shall not be approved unless the City 26 2) This project is approved upon the express condition th 25 conditions. available to serve the project. 27 finds as of the time of such approval that sewer servi - 1) D (8 , dated June 28, 1984, incorporated by reference //// 28 PC RES0 NO. 2359 -2- a. 01 I/ e 0 1 2 3 3) This project is approved upon the express condition tha building permits will not be issued for development of subject property unless the City Engineer determines th facilities are available at the time of application for sewer permits and will continue to be available until t occupancy. 4 4) 5 6 7 8 9 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 wit City Clerk and incorporated herein by reference, and ac to the agreement executed by the applicant for payment fee, a copy of that agreement, dated April 2, 1984, is with the City Clerk and incorporated herein by referenc said fee is not paid as promised, this application will consistent with the General Plan and approval for this shall be void. 10 5) The applicant shall provide school fees to mitigate con1 of overcrowding as part of building permit application. 11 fees shall be based on the fee schedule in effect at th of building permit application. I.2 13 6) Approval of this request shall not excuse compliance wi ordinances in effect at time of building permit issuanc sections of the Zoning Ordinance and all other applicab 15 7) Water shall be provided to this project pursuant to the l4 19 site plan shall be submitted to and approved by the Lanc site plan incorporating the conditions contained herein 18 8) The applicant shall prepare a reproducible mylar of the 17 Land Use Planning Office l6 Real Water District, dated May 25, 1983. Service agreement between the City of Carlsbad and the ( 10) All landscaped areas shall be maintained in a healthy a1 22 Planning Manager prior to the issuance of building perm 21 plan which shall be submitted to and approved by the La1 9) The applicant shall prepare a detailed landscape and ir! 20 Planning Manager prior to the issuance of building perm 27 26 installation of such signs. 25 review and approval of the Land Use Planning Manager prj conformance with the City's Sign Ordinance and shall rec 24 11) Any signs proposed for this development shall be design( 23 thriving condition, free from weeds, trash, and debris. 12) Trash receptacle areas shall be enclosed by a six-foot I: masonry wall with gates pursuant to City standards. Lo( of said receptacles shall be approved by the Land Use P1 Manager. 28 PC RES0 NO. 2359 -3- I.. .. e 0 1 2 3 4 5 6 13) All roof appurtenances, including air conditioners, sha architecturally integrated and shielded from view and t' buffered from adjacent properties and streets, pursuant Building Department Policy No. 80-6, to the satisfactio Land Use Planning Manager and Building and Planning Dir 14) The developer shall enter into an agreement, Exhibit "Z moderate income housing, prior to the issuance of build permits. I attached, dated January 25, 1984 to provide for low and I 7 15) Approval of SDP 83-10(A) is granted subject to City vac, along Pine Avenue. This condition shall in no way bind 8 10 feet of existing right-of-way along the property fro City to vacate this area, If the City chooses not to v 9 this SDP 83-10(A) is not approved. 10 11 12 13 16) The developer shall install a view-obscuring fence alon eastern, western and northern property lines. The fenc eastern boundary shall be constructed of masonry block, stucco or a combination thereof subject to the approval Land Use Planning Manager. The western and northern fel be constructed of a combination of view-obscuring mater: subject to the approval of the Land Use Planning Manage: 1 14 Engineering (1 15 16 17 18 19 20 17) 18) I The developer shall obtain a grading permit prior to thc commencement of any clearing or grading of the site. The grading for this project is defined as "controlled 1 by Section 11,06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a c engineer whose responsibility it shall be to coordinate inspection and testing to insure compliance of the work the approved grading plan, submit required reports to tl Engineer and verify compliance with Chapter 11.06 of tht Carlsbad Municipal Code. 21 19) No grading shall occur outside the limits of the subdiv: unless a letter of permission is obtained from the ownel 22 the affected properties. 23 20) A separate grading plan shall be submitted and approved 24 separate grading permit issued for the borrow or disposi 21) All slopes within this project shall be no steeper than 25 if located within the city limits. 26 27 28 22) Prior to hauling dirt or construction materials to any 1 construction site within this project the developerr shz submit to and receive approval from the City Engineer fc proposed haul route. The developer shall comply with a! conditions and requirements the City Engineer may imposc regards to the hauling operation. PC RES0 NO. 2359 -4- f/ '. a. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / e 23) The developer shall exercise special care during the construction phase of this project to prevent any off- siltation. The developer shall provide erosion contro measures and shall construct temporary desiltation/det basins of type, size and location as approved by the C Engineer. The basins and erosion control measures sha shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer p the start of any other grading operations. Prior to t removal of any basins or facilities so constructed the served shall be protected by additional drainage facil slope erosion control measures and other methods requi approved by the City Engineer. The developer shall ma the temporary basins and erosion control measures for of time satisfactory to the City Engineer and shall gu their maintenance and satisfactory performance through deposit and bonding in amounts and types suitable to t Engineer. 24) Additional drainage easements and drainage structures provided or installed as may be required by the County Department of Sanitation and Flood Control or the City neer. 25) The developer shall pay the current local drainage are prior to issuance of building permits or shall constru drainage systems in conformance with the Master Draina and City of Carlsbad Standards as required by the City Engineer. 26) Improvements including, but not limited to, the folloa be installed by the developer and approved by the City Engineer. The developer shall obtain approval of the from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any Buildi Permit. The developer shall install said improvements satisfaction of the City Engineer prior to the issuanc Certificate of Occupancy or occupancy of any portion c project for any purpose. To wit: a) Pine Avenue to one-half width plus a 12 foot wide local street standards along the entire project fr b) A transition section on Pine Avenue west of the southwesterly corner of the project c) A barrier at the end of Pine Avenue d) Street lights e) Street trees 27) The recessed parking area on Pine Avenue is specifical approved. //// //// PC RES0 NO. 2359 -5- .. // a 0 1 28) The developer shall comply with all the rules, regulati, design requirements of the respective sewer and water a1 2 regarding services to the project. 3 4 29) 5 6 7 8 9 30 1 10 11 12 13 14 15 16 17 18 19 ~ 1 The design of all private streets and drainage systems approved by the City Engineer prior to approval of the map. The structural section of all private streets sha 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 issuance of buil permits. All private driveways shall be kept clear of parked veh all times, and shall have posted "NO Parking/Fire Lane Zone" pursuant to Section 17.04.040, Carlsbad Municipal 31) All plans, specifications, and supporting documents for improvements of this project shall be signed and sealed Engineer in responsible charge of the work. Each sheet be signed and sealed, except that bound documents may 1: and sealed on their first page. Additionally the first of each set of plans shall have the following certifica "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for thi project, that I have exercised responsible charge over design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards. I understand that the check of project drawings and specifications by the City of Carlsbad is confined to i only and does not relieve me, as Engineer of Work, of r responsibilities for project design. (Name, Address and Telephone of Engineering firm) 20 Firm: 21 Address: 22 City, St.: 23 Telephone: 24 25 BY Date: (Name of Engineer) 26 27 R.C.E. NO. # //// //// 28 PC RES0 NO. 2359 -6- v. .. 0 0 1 32) The developer shall provide the City with a reproduciblc 3 copy of the project as approved by the Planning Commiss: prior to improvement plan submittal. the City. The map copy shall be submitted to the City ! 2 The mylar shall reflect the conditions of approval by 4 ,Fire Department 5 6 33) A fire hydrant, conforming to applicable City Standards be provided adjacent to the westerly driveway entrance. project is approved upon the express condition that bui 7 permits will not be issued for development of the subjei property unless the City Engineer determines that sewer capacity is available at the time of application for SUI permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 34) All required fire hydrants, water mains and appurtenanc a 9 10 be operational prior to combustible building materials located on the project site. 11 35) Fire retardant roofs shall be required on all structure 12 36) All fire alarm systems, fire hydrants, extinguishing sy 13 14 automatic sprinklers, and other systems pertinent to thl project shall be submitted to the Fire Department for a: prior to construction. 15 37) The city shall conduct a study to determine the need fo 16 sidewalk. If, based upon the study, the City Council determines that a sidewalk is necessaary along the rail right-of-way, the developer will construct the sidewalk 17 18 I/ PASSED, APPROVED AND ADOPTED at a regular meeting o 19 !I Planning Commission of the City of Carlsbad, California, he1 20 /the 26th day of September, 1984, by the following vote, to w 21 AYES : Chairman Rombotis, Commissioners Farrow, McFadden, Smith and L ' Heureux. 22 23 NOES : None. ABSENT: Commissioner Marcus. 24 ABSTAIN: Commissioner Schlehuber. 25 26 27 ATTEST : 2% ll LAND USE PLANNING MANAGER PC RES0 NO. 2359 -7-