HomeMy WebLinkAbout1984-12-12; Planning Commission; Resolution 2396v. 4 e e
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I1 PLANNING COMMISSION RESOLUTION NO. 2396
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
INCREASE IN DENSITY FROM 4 DU'S/ACRE TO 7.32
DU'S/ACRE TO ALLOW THE CONSTRUCTION OF A TWO-
UNIT APARTMENT ON PROPERTY GENERALLY LOCATED ON
THE EAST SIDE OF HARDING STREET BETWEEN PALM
AVENUE AND MAGNOLIA AVENUE.
APPLICANT: HARDING STREET APARTMENTS
CASE NO: PCD-67
WHEREAS, a verified application for certain propert;
wit:
ii Lot 4, Block B, of the Resubdivision of Alles Avocac
Acres, Map 2027 APN 204-192-05,
has been filed with the City of Carlsbad, and referred to .the
Planning Commission; and
WHEREAS, said verified application constitutes a rec
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 12th da]
December, 1984, consider said request; and
WHEREAS, at said hearing, upon hearing and conside:
all testimony and arguments, if any, of all persons desiring
heard, said Commission considered all factors relating to th,
Planning Commission Determination; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni.
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the hearing, the mission APPROVES PCD-67, based on the following findings
subject to the following conditions: 1/ Findings
1) The project is consistent with the City's general plan the proposed density of 7.32 du's/acre is within the de
range of 4-10 du's/acre specified for the site as indic
the land use element of the general plan.
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3)
The site is physically suitable for the type and densitl the development since the site is adequate in size and : to accommodate residential development at the density PI posed.
The project is consistent with all City public facility
icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that will not be approved unless the City Council finds ' sewer service is available to serve the project. I1
addition, the Planning Commission has added a condii
that building permits may not be issued for the pro:
unless the City Engineer determines that sewer serv. available, and building cannot occur within the pro: unless sewer service remains available, and the Pla~ Commission is satisfied that the requirements of thc public facilities element of the general plan have 1 met insofar as they apply to sewer service for this project.
b) The Carlsbad School District has written a letter, (
November 16, 1984, stating that school facilities w available to this project.
c) 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 tl will enable this body to find that public facilitie: be available concurrent with need as required by thc general plan.
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d) Assurances have been given that adequate sewer for project will be provided by the City of Carlsbad.
4) This project will not cause any significant environment'
Use Planning Manager on September 10, 1984 and approved 19
Planning Commission on December 12,, 1984. 20
impacts and a Negative Declaration has been issued by t:
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2) This project is approved upon the express condition tha 25
conditions. 24
file in the Land Use Planning Office. Development shal 23
1) Approval is granted for PCD-67, as shown on Exhibits "A 22
Conditions
building permits will not be issued for development of 26 subject property unless the City Engineer determines th sewer facilities are available at the time of applicati 27 such sewer permits and will continue to be available un time of occupancy. 28
n D I1 , dated October 10, 1984, incorporated by reference
substantially as shown unless otherwise noted in these
PC RES0 NO. 2396 -2-
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3) This project is approved upon the express condition thal applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on filt 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 JUI 1984, is on file with the City Clerk and incorporated ht
by reference. If said fee is not paid as promised, thi:
application will not be consistent with the General Pla~
approval for this project shall be void.
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) Water shall be provided to this project pursuant to the Service agreement between the City of Carlsbad and the
Real Water District, dated May 25, 1983.
Engineering Conditions
6) Prior to hauling dirt or construction materials to any
proposed construction site within this project the deve:
shall submit to and receive approval from the City Enqil for the proposed haul route. The developer shall compl: all conditions and requirements the City Engineer may iI
with regards to the hauling operation.
7) 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/dete~ basins of type, size and location as approved by the Cii Engineer. The basins and erosion control measures shal:
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer pr
the start of any other grading operations. Prior to thl removal of any basins or facilities so constructed the served shall be protected by additional drainage faci1i.t slope erosion control measures and other methods require 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 gual
their maintenance and satisfactory performance through t deposit and bonding in amounts and types suitable to thf
Engineer.
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PC RES0 NO. 2396 -3-
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8) Additional drainage easements and drainage structures SI
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City 1 neer.
9) 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 develoj
shall obtain approval of the plans from the City Enginel 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) All public facilities damaged by the developer or t
developer's agent during the construction of this
project.
10) Unless a standard variance has been issued, no variance
City Standards are authorized by virtue of approval of
project plan or tentative map.
11) 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.
12) 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 k signed and sealed on their first p(age. Additionally th sheet of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
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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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PC RES0 NO. 2396 -4-
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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 F
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm: -
Address :
~ ~ ~ ~~~~ ~ ~~~~ -~-~
City, St. :
Telephone:
BY Date:
(Name of Engineer)
R.C.E. NO. #
13) The developer shall provide the City with a reproducibl
copy of the site plan as approved by the Planning Commi The tentative site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted City Engineer prior to improvement plan submittal.
14) Prior to approval of any grading or building permits fo project, the owner shall give written consent to the annexation of the area shown within the boundaries of t
plan into the existing City of Carlsbad Street Lighting Landscaping District No. 1.
PASSED, APPROVED AND ADOPTED at a regular meeting 0
Planning Commission of the City of Carlsbad, California, he1
the 12th day of December, 1984, by the following vote, to wi
AYES: Chairman Rombotis, Commissioners Farrow,
Schlehuber, L'Heureux, Marcus, McFadZen ar
NOES : None.
ABSENT: None.
ABSTAIN: None.
28 I! ATTEST:
II LAND USE PLANNING MANAGER
PC RES0 NO- 2396 -5-