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Home My WebLink About1984-11-28; Planning Commission; Resolution 2382e e 1 2 3 4 5 PLANNING COMMISSION RESOLUTION NO. 2382 A mSOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING A TWENTY-FOUR UNIT APARTMENT PROJECT ON .87 ACRES AT 319-331 ACACIA ST: GENERALLY LOCATED ON THE SOUTH SIDE OF ACACIA STREF;' BETWEEN GARFIELD STREET AND THE AT&SF RAILROAD. APPLICANT: BALLATORE CASE NO: PCD-72 i ~ Cj 7 I1 WHEREAS, a verified application for certain propert wit: a Lot 8 of Block Q of Palisades No. 2, according to m thereof No. 1803, filed in the Office of the County 9 Recorder, August 25, 1924, 10 Planning Commission: and 11 has been filed with the City of Carlsbad, and referred to thc 12 WHEREAS, said verified application constitutes a re( 13 Planning Commission Determination: and 19 heard, said Commission considered all factors relating to thc 18 all testimony and arguments, if any, of all persons desiring 17 WHEREAS, at said hearing, upon hearing and conside: 16 November, 1984, consider said request: and 15 WHEREAS, the Planning Commission did on the 28th da; 14 as provided by Title 21 of the Carlsbad Municipal Code: and 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir 21 (B) That based on the evidence presented at the hearing, the 23 (A) That the foregoing recitations are true and correct. 22 Commission as follows: mission APPROVES PCD-72, based on the following findings 24 subject to the following conditions: 25 Findings : 26 1) The project is consistent with the City's general plan r! the proposed density of 27.5 du' s/acre is within the der on the land use element of the general plan. The densit 28 justified because of the quality of design and the amour amenities provided as stated in the staff report. 27 range of 20-30 du's/acre specified for the site as indic e e 1 2) The site is physically suitable for the type and density posed . the development since the site is adequate in size and s 2 to accommodate residential development at the density pr 3 3) The project is consistent with all City public facility 4 icies and ordinances since: 5 6 7 a 9 10 11 12 13 a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured that final map will not be approved unless the City Counc finds that sewer service is available to serve the project. In addition, the Planning Commission has l condition that building permits shall not be issued the project unless the City Engineer determines tha. service is available, and building cannot occur wit1 project unless sewer service remains available, and Planning Commission is satisfied that the requireme: the public facilities element of the general plan hl been met insofar as they apply to sewer service for project. b) The Carlsbad School District has written a letter, 1 November 15, 1984, stating that school facilities w available to this project. 14 15 16 17 18 c) All necessary public improvements have been provides will be required as conditions of approval. d) The applicant has agreed and is required by the inc of an appropriate condition to pay a public facilit fee. Performance of that contract and payment of t will enable this body to find that public facilitie be available concurrent with need as required by th general plan. 19 20 21 22 4) The proposed project mitigates all potential traffic in as discussed in the staff report. 5) This project will not cause any significant environment impacts and a Negative Declaration has been issued by t Use Planning Manager on November 13, 1984 and approved Planning Commission on November 28, 1984. 23 Conditions 24 1)' Approval is granted for PCD-72, as shown on Exhibits '0 "F", dated November 28, 1984, incorporated by referencl 25 substantially as shown unless otherwise noted in these file in the Land Use Planning Office. Development sha 26 conditions. 27 //// 28 PC RES0 NO. 2382 -2- // 0 0 1 2 3 4 5 6 7 8 9 2) 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 thE sewer facilities are available at the time of applicatic such sewer permits and will continue to be available unt time of occupancy. 3) 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 filc the City Clerk and incorporated herein by reference, an< according to the agreement executed by the applicant fol payment of said fee, a copy of that agreement, dated NOT 14, 1984, is on file with the City Clerk and incorporatt herein by reference. If said fee is not paid as promist this application will not be consistent with the Genera: and approval for this project shall be void. 10 11 12 13 14 6) Water shall be provided to this project pursuant to the 15 ?I 6 4) Approval of this request shall not excuse compliance wi sections of the Zoning Ordinance and all other applicab ordinances in effect at time of building permit issuanc 5) This approval shall become null and void if building pe are not issued for this project within 18 months from t of project approval. Service agreement between the City of Carlsbad and the Real Water District, dated May 25, 1983. Land Use Planning Conditions :I 7 28 19 20 21 1 7) The applicant shall prepare a reproducible mylar of the site plan incorporating the conditions contained herein site plan shall be submitted to and approved by the Lan Planning Manager prior to the issuance of building perm 8) The applicant shall prepare a detailed landscape and ir tion plan which shall be submitted to and approved by t Use Planning Manager prior to the issuance of building permits. i 22 23 9) All parking lot trees shall be a minimum of 15 gallons size. 10) All landscaped areas shall be maintained in a healthy i 24 thriving condition, free from weeds, trash, and debris, 25 26 27 28 11) Any signs proposed for this development shall be desigl conformance with the City's Sign Ordinance and shall r( review and approval of the Land Use Planning Manager PI installation of such signs. 12) Trash receptacle areas shall be enclosed by a six-foot masonry wall with gates pursuant to City standards. I;( of said receptacles shall be approved by the Land Use : Manager . 11 PC RESQ NO. 2382 -3- 0 0 1 2 3 4 5 6 13) All roof appurtenances, including air conditioners, shal architecturally integrated and concealed from view and t 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. 14) Building identification and/or addresses shall be placec all new and existing buildings so as to be plainly visilr from the street or access road; color of identification addresses shall contrast to their background color. 7 Engineering Conditions !I 811 15) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 9 10 11 12 13 16) The grading for this project is defined as "controlled ing" by Section 11.06.170(a) of the Carlsbad Municipal 1 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 t' Engineer and verify compliance with Chapter 11 -06 of th Carlsbad Municipal Code. 14 17) No grading shall occur outside the limits of the projec 15 unless a letter of permission is obtained from the owne separate grading permit issued for the borrow or dispos 18) A separate grading plan shall be submitted and approved 16 the affected properties. 17 if located within the city limits. 18 19) All slopes within this project shall be no steeper than 19 20) Prior to hauling dirt or construction materials to any proposed construction site within this project the deve for the proposed haul route. The developer shall compl with regards to the hauling operation. 20 all conditions and requirements the City Engineer may ! 21 shall submit to and receive approval from the City Engj 22 21 ) The developer shall exercise special care during the 23 construction phase of this project to prevent any off-z siltation. The developer shall provide erosion contro: 24 measures and shall construct temporary desiltation/detf basins of type, size and location as approved by the C: 25 Engineer. The basins and erosion control measures sha: shown and specified on the grading plan and shall be 26 constructed to the satisfaction of the City Engineer p: the start of any other grading operations. Prior to tl 27 removal of any basins or facilities so constructed the served shall be protected by additional drainage facil 28 PC RES0 NO. 2382 -4- I( 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 slope erosion control measures and other methods requirt approved by the City Engineer. The developer shall mail the temporary basins and erosion control measures for a of time satisfactory to the City Engineer and shall gua! their maintenance and satisfactory performance through 1 deposit and bonding in amounts and types suitable to thc Engineer, 22) Additional drainage easements and drainage structures s: provided or installed as may be required by the County Department of Sanitation and Flood Control or the City neer. 23) Unless a standard variance has been issued, no variance City Standards are authorized by virtue of approval of project plan or tentative map. 24) The developer shall comply with all the rules, regulati design requirements of the respective sewer and water B regarding services to the project. 25) All private driveways shall be kept clear of parked veh at all times, and shall have posted "NO Parking/Fire La Away Zone" pursuant to Section 17.04.040, Carlsbad Muni Code. ~ 14 26) All plans, specifications, and supporting documents for signed and sealed on their first page. Additionally ti 16 be signed and sealed, except that bound documents may f Engineer in responsible charge of the work. Each sheel 15 improvements of this project shall be signed and sealed sheet of each set of plans shall have the following 17 certificate: 18 "DECLARATION OF RESPONSIBLE CHARGE" 19 I 20 21 I hereby declare that I am the Engineer of Work for th: project, that I have exercised responsible charge over design of the project as defined in Section 6703 of thc Business and Professions Code, and that the design is consistent with current standards. 22/1//// 23 //// !I 24 //// 27 //// 26 //// 25 //// 28 PC RES0 NO. 2382 -5- e e 1 2 3 I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm) 4 11 Firm: 5 11 Address: 6 I\ City, St.: 7 /I Telephone: 8 I/ BY Date: (Name of Engineer) 9 10 11 12 13 14 15 R.C.E. NO. # 27) The developer shall provide the City with a reproducibl copy of the site plan as approved by the Planning Commi The site plan shall reflect the conditions of approval City. The plan copy shall be submitted to the City Eng prior to improvement plan submittal. Fire Conditions 28) Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal. 16 29) The applicant shall submit two (2) copies of a site pla showing locations of existing and proposed fire hydrant 17 on site roads and drives to the Fire Marshal for approv 18 30) All required fire hydrants, water mains and appurtenanc shall be operational prior to combustible building mate 19 being located on the project site. 20 31) All private driveways shall be kept clear of parked vel- at all times, and shall have posted "NO Parking/Fire Li Code . 21 Away Zone" pursuant to Section 17.04.040, Carlsbad Mun. 22 32) All fire alarm systems, fire hydrants, extinguishing s: 23 prior to construction. 24 automatic sprinklers, and other systems pertinent to tl project shall be submitted to the Fire Department for 25 26 27 28 33) Building exceeding 10,000 sq.ft. aggregate floor area sprinklered or have four-hour fire walls with no openi therein which shall split the building into 10,000 sq. less) areas. //// PC RES0 NO. 2382 -6- . .L II e 0 7 ll I PASSED, APPROVED AND ADOPTED at a regular meeting oj Planning Commission of the City of Carlsbad, California, helc the 28th day of November, 1984, by the following vote, to wil 2 3 4 5 Marcus, Schlehuber, McFadden, L' Heureux a1 AYES : Chairman Rombotis, Commissioners Farrow, Smith. 6 7 8 9 NOES : None. ABSENT : None. ABSTAIN: None. 10 II; 12 13 TTEST: w '. 14 15 16 17 18 19 /I I 20 21 22 23 24 25 26 27 28 :?C RES0 NO. 2382 -7-