HomeMy WebLinkAbout1984-12-12; Planning Commission; Resolution 2392,'X. I1 a 9
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/I . PLANNING COMMISSION RESOLUTION NO. 2392
A RE'SOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INCREASE IN DENSITY FROM 20 DU'S/ACRE TO 25.4 DU'S/ACRE FOR AN 18-UNIT APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF ACACIA STREET BETWEEN GARFIELD STREET AND WASHINGTON STREET. APPLICANT: ACACIA APARTMENTS CASE NO: PCD-64
WHEREAS, a verified application for certain property, to
wit:
APN 204-150-14, a portion of Lot 20 of Palisades, Block P in the City of Carlsbad, Map 1747,
has been filed with the City of Carlsbad, and referred to the
Planning Comm'ission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 12th day of
December, 1984, consider said request; and
WHEREAS, at said hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to the
Planning Commission Determination; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the hearing, the Com-
mission APPROVES PCD-64, based on the following findings and subject to the following conditions:
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1 Findings //
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1) The project is consistent with the City's general plan I
the proposed density of 25.4 du's/acre is within the der range of 20-30 du's/acre specified for the site as indic on the land use element of the general plan.
2) The proposed project complies with all requirements of i
Carlsbad Zoning Ordinance except the front yard setback discussed in the staff report.
3) The site is physically suitable for the type and densit)
the development since the site is adequate in size and 5
to accommodate residential development at the density PI posed .
9 4) The project is consistent with all City public facility
icies and ordinances since:
a) The Planning Commission has, by inclusion of an 10
11 appropriate condition to this project, insured that
12 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 i 13 condition that a note shall be placed on the final I that building permits may not be issued for the pro: 14 unless the City Engineer determines that sewer servi available, and building cannot occur within the pro;, 15 unless sewer service remains available, and the Plan
Commission is satisfied that the requirements of the
16 public facilities element of the general plan have 1:
met insofar as they apply to sewer service for this
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18 b) The Carlsbad School District has written a letter, c
May 11, 1984, stating that school facilities will be 19 available to this project.
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c) All necessary public improvements have been provided
will be required as conditions of approval.
d) The applicant has agreed and is required by the incl of an appropriate condition to pay a public facilitj
fee. Performance of that contract and payment of tk
will enable this body to find that public facilities
be available concurrent with need as required by the
general plan.
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6) This project will not cause any significant environmenta 27
residential development on the general plan. 26
5) The proposed project is compatible with the surrounding
impacts and a Negative Declaration has been issued by th
28 Use Planning Manager on September 13, 1984 and approved
Planning Commission on December 12, 1984.
land uses since surrounding properties are designated fo
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1 II Conditions /I
2 1 ) Approval is granted for PCD-64, as shown on Exhibits “A’
11 H 11 , dated November 8, 1984, incorporated by reference i
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conditions. 4
file in the Land Use Planning Office. Development shall
substantially as shown unless otherwise noted in these
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This project is approved upon the express condition thal building permits will not be issued for development of .
subject property unless the City Engineer determines th;
sewer facilities are available at the time of applicatic
such sewer permits and will continue to be available unl
time of occupancy. This note shall be placed on the fil map.
This project is approved upon the express condition tha:
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, ani according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated Mal 1984, is on file with the City Clerk and incorporated hc by reference. If said fee is not paid as promised, this
application will not be consistent with the General Plar approval for this project shall be void.
The applicant shall provide school fees to mitigate coni
of overcrowding as part of building permit application.
fees shall be based on the fee schedule in effect at thc of building permit application.
l’? 5) Approval of this request shall not excuse compliance wil
ordinances in effect at time of building permit issuance 18 sections of the Zoning Ordinance and all other applicab:
19 6) This approval shall become null and void if building pel are not issued for this project within one year from tht 20 of project approval.
21 7) Water shall be provided to this project pursuant to the
Service agreement between the City of Carlsbad and the C 22 Real Water District, dated May 25, 1983.
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Land Use Planning Conditions
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8) 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 Lani Planning Manager prior to the issuance of building permj 26
9) The applicant shall prepare a detailed landscape and ir~ 27 tion plan which shall be submitted to and approved by tl
28 Use Planning Manager prior to the issuance of building
permits.
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10) All parking lot trees shall be a minimum of 15 gallons size.
11) All landscaped areas shall be maintained in a healthy a
thriving condition, free from weeds, trash, and debris.
12) Any signs proposed for this development shall be design conformance with the City's Sign Ordinance and shall re
review and approval of the Land lJse Planning Manager pr installation of such signs.
13) Trash receptacle areas shall be enclosed by a six-foot
masonry wall with gates pursuant to City standards. Lo
of said receptacles shall be approved by the Land Use P Manager.
14) All roof appurtenances, including air conditioners, sha
architecturally integrated and concealed from view and
sound buffered from adjacent properties and streets, pu to Building Department Policy No. 80-6, to the satisfac the Land Use Planning Manager and Building and Planning Director.
15) Prior to issuance of a building permit, the Building Di
shall review the architectural plans to ensure complian
with the State of California interior noise standard of
CNEL. At that time, any additional measures (thicker glazing, sound absorption material, or shielding of ven further attenuate the noise to acceptable level shall b
required.
16) A six foot high decorative block wall shall be construc
along the property frontage adjacent to the AT&SF Railr This wall shall be constructed prior to occupancy of an units. In addition, the applicant shall install a lock cable barrier across the opening of the wall adjacent t
ATbSF railroad right-of-way
Engineering Conditions
~ 17) The developer shall obtain a grading permit prior to th
~ commencement of any clearing or grading of the site.
l ing" by Section 11.06.170(a) of the Carlsbad Municipal
18) The grading for this project is defined as "controlled
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.
19) No grading shall occur outside the limits of the projec unless a letter of permission is obtained from the owne
I the affected properties.
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A separate grading plan shall be submitted and apprsyed
separate grading pe;mit issued for the borrow or dispos:
if located within the city limits.
All slopes within this project shall be no steeper than
Prior to hauling dirt or construction materials to any
proposed construction site within this project the devel shall submit to and receive approval from the City Engir for the proposed haul route. The developer shall compl) all conditions and requirements the City Engineer may ir
with regards to the hauling operation.
The developer shall exercise special care during the
construction phase of this project to prevent any off-s: siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/deter basins of type, size and location as approved by the Cil Engineer. The basins and erosion control measures shall shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prj
the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the i
served shall be protected by additional drainage facilit slope erosion control measures and other methods requirf approved by the City Engineer. The developer shall mair
the temporary basins and erosion control measures for a
of time satisfactory to the City Engineer and shall guaz
their maintenance and satisfactory performance through (
deposit and bonding in amounts and types suitable to thf Engineer.
Additional drainage easements and drainage structures sl
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City I
neer.
The developer shall pay the current local drainage area
prior to approval of issuance of any grading or buildins
permit for this project or shall construct drainage syst
conformance with the Master Drainage Plan and City of C;
Standards as required by the City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacer property prior to approval of any grading or building pr for this project.
The developer shall make an offer of dedication to the ( for all public streets and easements required by these conditions or shown on the Site Development Plan. The ( shall be made prior to issuance of any building permit j
this project. All land so offered shall be granted to i City free and clear of all liens and encumbrances and w: cost to the City. Streets that are already public are 1 required to be rededicated.
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28) Improvements listed in this section shall be installed agreed to be installed by secured agreement by the deve before the issuance of any building permit. The develo
shall obtain approval of the plans from the City Engine pay all associated fees and performance guarantees prio issuance of any building permit. The developer shall i
said improvements to the satisfaction of the City Engin
prior to issuance of a Certificate of Occupancy or occu
of any portion of the project for any purpose. The improvements are:
a) Acacia Street to one-half width plus a 12-foot wide
cul-de-sac street standard along the project frontal b) An offset cul-de-sac at the easterly terminus of Ac, Street adjacent to the AT&SF Railroad.
c) A continuous barricade at the easterly terminus of
Street.
d) Red painted curb throughout the cul-de-sac and "no parking" signs designating the same area.
29) Unless a standard variance has been issued, no variance
City Standards are authorized by virtue of approval of project plan.
30) The developer shall comply with all the rules, regulati design requirements of the respective sewer and water a regarding services to the project.
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 bt signed and sealed on their first page. Additionally tht
sheet of each set of plans shall have the following
certificate:
"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.
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only and does not relieve me, as Engineer of Work, of m1 2
I understand that the check of project drawings and
(Name, Address and Telephone of Engineering firm) 3
specifications by the City of Carlsbad is confined to a
responsibilities for project design.
4 11 Firm:
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City, St. : 6
Address:
Telephone: 7
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BY Date:
(Name of Engineer)
R.C.E. NO. #
32) The developer shall provide the City with a reproduciblc
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
33) Additional public and/or on site fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
34) An all weather access road shall be maintained throughol
construction.
35) All required fire hydrants, water mains and appurtenancc
shall be operational prior to combustible building mate: being located on the project site.
36) Proposed security gate systems shall be provided with ": key operated override switch, as specified by the Fire 1
partment.
37) Brush clearance shall be maintained according to the
specifications contained in the City of Carlsbad Landsc, Guidelines Manual.
38) All fire alarm systems, fire hydrants, extinguishing sy
automatic sprinklers, and other systems pertinent to thl project shall be submitted to the Fire Department for a:
prior to construction.
26 39) The developer shall submit a 400 scale street map of th
project to the fire marshal prior to the issuance of bu 27 permits.
28 40) The rolling six foot chain link gate at the fire truck shall be provided with "Knox" key operated device, as specified by the Fire Department.
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1 PASSED, APPROVED AND ADOPTED at a reqular meeting c
2 Planning Commission of the City of Carlsbad, California, helf
3 the 12th day of December, 1984, by the following vote, to wit
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AYES : Chairman Rombotis, Commissioners Farrow,
L'Heureux, Marcus and Smith.
NOES : Commissioner McFadden.
ABSENT : None.
ABSTAIN: Commissioner Schlehuber.
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11 u BAD PLANNING COMMISSIC
ATTEST :
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LAND USE PLANNING MANAGER
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