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HomeMy WebLinkAbout1985-01-09; Planning Commission; Resolution 24020 0 I. I1 PLANNING COMMISSION RESOLUTION NO. 2402 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 10 UNIT APARTMENT PROJECT ON PROPERTY LOCATED ON THE NORTH SIDE OF CHINQUAPIN AVENUE BETWEEN GARFIELD STREET AND THE ATStSF RAILROAD. APPLICANT: ARDELCO APARTMENTS CASE NO: PCD-65 6 wit: 7 WHEREAS, a verified application for certain propert 8 9 10 11 The southwesterly 60 feet of Lot 1, Block "S" of Palisades No. 2, according to Map 1803 filed August 1924. has been fild with the City of Carlsbad and referred to the Planning Commission; and 12 13 14 15 16 WHEREAS, said verified application constitutes a re as provided by Title 21 of the Carlsbad Municipal Code; and ~ WHEREAS, the Planning Commission did, on the 9th dz January, 1985, consider said request; and , WHEREAS, at said hearing, upon hearing and considel ~ 17 18 19 20 21 22 23 24 all testimony and arguments, if any, of all persons desirin< heard, said Commisson considered all factors relating to tht Planning Commisson Determination; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann: Commisson as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hea the Commission APPROVES PCD-65, based on the following findings and subject to the following conditions: 25 /I Findings: 26 27 28 1) The project is consistent with the City's general plan the proposed density of 26.4 du's/acre is within the d range of 20-30 du's/acre specified for the site as ind on the land use element of the general plan. I ll e 1 2 3 4 2) The project justifies the middle of the density range be the applicant has provided amenities in excess of ordina requirements including increased recreation area, carpor and storage areas. 3) The site is physically suitable for the type and density the development since the site is adequate in size and E to accommodate residential development at the density pr posed . 5 6 4) The project is consistent with all City public facility icies and ordinances since: 7 8 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 E condition that a note shall be placed on the final n that building permits may not be issued for the proj unless the City Engineer determines that sewer servi available, and building cannot occur within the proj unless sewer service remains available, and the Plan Commission is satisfied that the requirements of the public facilities element of the general plan have k met insofar as they apply to sewer service for this project. 14 15 b) The Carlsbad School District has written a letter, d December 21, 1984, stating that school facilities wi 17 c) All necessary public improvements have been provided 16 available to this project. will be required as conditions of approval. 18 19 20 21 d) The applicant has agreed and is required by the incl of an appropriate condition to pay a public faciliti 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. Cond it ions : 22 23 1) Approval is granted for PCD-65, as shown on Exhibits "A" dated December 11, 1984, incorporated by reference and c 24 in the Land Use Planning Office. Development shall occl substantially as shown unless otherwise noted in these conditions. 25 2) This project is approved upon the express condition that 26 building permits will not be issued for development of t subject property unless the City Engineer determines thz 27 sewer facilities are available at the time of applicatic such sewer permits and will continue to be available unt 28 time of occupancy. This note shall be placed on the fir map . PC RES0 NO. 2402 -2- // 0 0 1 2 3) 4 3 5 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 file the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated Jun 1984, is on file with the City Clerk and incorporated he by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan approval for this project shall be void. 6 4) The applicant shall provide school fees to mitigate cond fees shall be based on the fee schedule in effect at the 7 of building permit application. 8 of overcrowding as part of building permit application. 9 5) Approval of this request shall not excuse compliance wit sections of the Zoning Ordinance and all other applicabl 10 ,ordinances in effect at time of building permit issuancc 11 6) This approval shall become null and void if building per are not issued for this project within one year from the 12 of project approval. 13 14 7) Water shall be provided to this project pursuant to the 8) The applicant shall prepare a detailed landscape and ir~ 15 Real Water District, dated May 25, 1983. tion plan which shall be submitted to and approved by tl 16 Use Planning Manager prior to the issuance of building permits. 17 Service agreement between the City of Carlsbad and the ( 9) All parking lot trees shall be a minimum of 15 gallons I* ! size* 19 20 21 22 10) All landscaped areas shall be maintained in a healthy ai thriving condition, free from weeds, trash, and debris. 11) 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. 23 //// /i 24 I///// 25 //// il 26 //// 27 //// 28 PC RES0 NO. 2402 -3- 1 II e I1 1 12) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 2 3 4 5 6 13) The grading for this project is defined as "controlled g ing" by Section 11.06.170(a) of the Carlsbad Municipal C Grading shall be performed under the observation of a ci 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 th Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. 7 8 14) No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owner the affected properties. 9 10 11 12 13 14 15) 16) 17) I.5 18) 16 17 18 19 20 21 22 23 24 25 26 19) A separate grading plan shall be submitted and approved separate grading permit issued for the borrow or disposz 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 compll 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/detel basins of type, size and location as approved by the Cil 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 the removal of any basins or facilities so constructed the i served shall be protected by additional drainage facilil slope erosion control measures and other methods requird 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 ( deposit and bonding in amounts and types suitable to thc Engineer. 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 : neer. 27 //// 28 PC RES0 NO. 2402 -4- I/ II II 0 1 2 3 4 5 6 7 20) 21 1 8 22) 9 10 11 12 13 14 The developer shall pay the current local drainage area prior to approval of the issuance of any grading or buil, permit for this project or shall construct drainage syst conformance with the Master Drainage Plan and City of Ca Standards as required by the City Engineer. The developer shall make an offer of dedication to the C for all public streets and easements required by these conditions or shown on the final site plan. The offer s be made prior to issuance of any building permit for thi project. All land so offered shall be granted to the Ci free and clear of all liens and encumbrances and without to the City, Streets that are already public are not re to be rededicated. Improvements listed in this section shall be installed c agreed to be installed by secured agreement by the devel before the issuance of any building permit. The develoF shall obtain approval of the plans from the City Enginee pay all associated fees and performance guarantees prior issuance of any building permit. The developer shall in said improvements to the satisfaction of the City Engine prior to issuance of a Certificate of Occupancy or OCCUF of any portion of the project for any purpose. The improvements are: a) Chinquapin Avenue, one-half width plus a 12 foot lar collector street standards along the project fronta5 l5 3.6 23) Unless a standard variance has been issued, no variance City Standards are authorized by virtue of approval of t design requirements of the respective sewer and water as 18 24) The developer shall comply with all the rules, regulatic I'i' site plan. Away Zone" pursuant to Section 17.04.040, Carlsbad Munic at all times, and shall have posted "NO Parking/Fire Lar 20 25) All private driveways shall be kept clear of parked vehi I' regarding services to the project. Code . 21 22 23 24 25 26) 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 bf signed and sealed on their first page. Additionally thc sheet of each set of plans shall have the following certificate: I 26 11 //// 27 11 //// 28 IIPC RES0 NO. 2402 -5- 11 2. !I 0 0 1 2 3 4 5 6 7 “DECLARATION OF RESPONSIBLE CHARGE” I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over tl 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 a only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm) 8 9 Firm: Address: 10 11 12 City, St.: Telephone: BY Date: (Name of Engineer) 13 II R.C.E. NO. # l4 15 27) The developer shall provide the City with a reproducible 16 The site plan shall reflect the conditions of approval k copy of the site plan as approved by the Planning Commis City. The plan copy shall be submitted to the City Engi prior to improvement plan submittal. l7 28) Prior to recordation of any site plan for this approval 18 grading or building permits for this project, the owner give written consent to the annexation of the area showr 19 within the boundaries of the site plan into the existinc of Carlsbad Street Lighting and Landscaping District No. 2o Fire 21 29) Additional public and/or on site fire hydrants shall be 22 23 30) The applicant shall submit two (2) copies of a site pfar showing locations of existing and proposed fire hydrant: 24 on site roads and drives to the Fire Marshal for approv; 25 31) An all weather access road shall be maintained through01 construction. 26 32) All required fire hydrants, water mains and appurtenanct 27 shall be operational prior to combustible building mate] being located on the project site. provided if deemed necessary by the Fire Marshal. 28 PC RES0 NO. 2402 -6- *, ** 0 0 1 33) All private driveways shall be kept clear of parked vehi at all times, and shall have posted "No Parking/Fire Lar Away Zone" pursuant to Section 17.04.040, Carlsbad Munic 2 Code. 3 34) All fire alarm systems, fire hydrants, extinguishing sys prior to construction. automatic sprinklers, and other systems pertinent to the 4 project shall be submitted to the Fire Department for ag 5 6 7 8 PASSED, APPROVED AND ADOPTED at a regular meeting of Planning Commission of the City of Carlsbad, California, helc the 9th day of January, 1985, by the following vote, to wit: 9 10 11 12 AYES : Chairman Farrow, Commissioners Schlehuber, NOES: Commissioner McFadden. ABSENT: Commissioners L'Heureux and Rombotis. ABSTAIN: None. Marcus and Smith. 13 14 15 16 ATTEST: 19 I 2o I 21 22 23 24 25 11 26 27 28 C RES0 NO. 2402 1 -7-