HomeMy WebLinkAbout1985-01-23; Planning Commission; Resolution 24039
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PLANNING COMMISSION RESOLUTION NO. 2403
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNING
COMMISSION DETERMINATION FOR AN INCREASE OF DENSIT!
ABOVE THE MINIMUM OF 20 DU'S/ACRE TO 29.1 DU'S/ACRI
TO ALLOW THE CONSTRUCTION OF A TRIPLEX ON PROPERTY
GENERPiLLY LOCATED ON THE NORTH SIDE OF CHINQUAPIN
AVENUE BETWEEN GARFIELD STREET AND CARLSBAD BLVD.
APPLICANT: JACK N. HALL
CASE NO: PCD-75
WHEREAS, a verified application for certain proper
wit:
Lot A of Block nI"r Palisades, in the City of Carl
according to Map 1747 filed in the Office of the Cl
Recorder on February 5, 1923.
has been filed with the City of Carlsbad and referred to th
Planning Commission; and
WHEREAS, said verified application constitutes a r
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 9th d
January, and on the 23rd day of January, 1985, conside
request; and
WHEIIEAS, at said hearing, upon hearing and conside
testimony and arguments, if any, of all persons desiring to
heard, said Commission considered all factors relating to t
Planning Commission Determination; and
Nod, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hea
the Commission APPROVED PCD-75, based on the following
findings and subject to the following conditions:
Findings:
1) The proposed project complies with all requirements of
Carlsbad Zoning Ordinance as discussed in the staff re
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2) The design of the proposed project justifies the densit requested because: the density conforms with adjacent densities and land uses, the project has only three uni
the design is compatible with other projects in the are
3) The project is consistent with all City public facility icies and ordinances since:
a) The Cnrlsbad School District has written a letter,
December 19, 1984, stating that school facilities 9
available to this project. b) All necessary public improvements have been provide will be required as conditions of approval. c) The applicant has agreed and is required by the inc of an appropriate condition to pay a public facilit fee. Perforxance of that contract and payment of 1 will enable this body to find that public facilitic be available concurrent with need as required by tl general plan.
d) Assurances have been given that adequate sewer for project will be provided by the City of Carlsbad.
4) The proposed project is compatible with the surroundinc
future land uses since surrounding properties are desi5 for residential development on the general plan.
5) This project will not cause any significant environmenl
impacts and a Negative Declaration has been issued by 1 Use Planning Manager on December 24, 1984 and approved Planning Commission on January 23, 1985.
Conditions:
1) Approval is granted for PCD-75, as shown on Exhibit "A' September 11, 1984, incorporated by reference and 3~ f
the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these
conditions.
2) This project is approved upon the express condition th(
building permits will not be issued for development of subject property unless the City Engineer de.ter!nines tl sewer facilities are available at the time of applicat
SIJC~ sewer permits and will continue to be available u: time of occupancy.
3) This project is approved upon the express condition th
applicant shall pay a public facilities fee as require1 City Council Policy No, 17, dated April 2, 1982, on fi
the City Clerk and incorporated herein by reference, a according to the agreement executed by the applicant f payment of said fee, a copy of that agreement, dated A 15, 1984, is on file with the City Clerk and incorpora herein by reference. If said fee is not paid as promi
this application will not be consistent with the Gener
and approval for this project shall be void. I1 PC RES0 NO. 2403 -2-
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4) Approval of this request shall not excuse compliance w sections of the Zoning Ordinance and all other applica ordinances in effect at time of building permit issuan
5) This approval shall become null and void if building F are not issued for this project within one year from t
of project approval.
6) Water shall be provided to this project pursuant to tk
Service agreement between the City of Carlsbad and the Real Water District, dated May 25, 1983.
Land Use Plannins d ~ ~~~
7) The applicant shall prepare a detailed landscape and I
tion plan which shall be submitted to and approved by
Use Planning Manager prior to the issuance of buildins
permits.
8) All landscaped areas shall be maintained in a healthy
thriving condition, free from weeds, trash, and debri:
9) Any signs proposed for this development shall be desi< conformance with the City's Sign Ordinance and shall 1 review and approval of the Land Use Planning Manager 1
installation of such signs.
10) The trash receptacle area shall be enclosed by a soli(
with gates. Location and design of said trash recept;
shall be approved by the Land Use Planning Manager. I - 16 11) All roof appurtenances, including air conditioners, SI
sound buffered from adjacent properties and streets, 1
18 to Building Department Policy No. 80-6, to the satisf<
the Land Use Planning Manager and Building and Planni,
17 architecturally integrated and concealed from view anc
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I Director.
Engineering
12) Prior to hauling dirt or construction materials to an
proposed construction site within this project the de shall submit to and receive approval from the City En
for the proposed haul route. The developer shall com
all conditions and requirements the City Engineer may with regards to the hauling operation.
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PC RES0 NO. 2403 -3-
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13) 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 F
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.
14) Additional drainage easements and drainage structures
provided or installed as may be required by the Count1 Department of Sanitation and Flood Control or the Citl neer.
15) The developer shall pay the current local drainage are prior to approval of the issuance of any grading or bt permit for this project or shall construct drainage sl conformance with the Master Drainage Plan and City of Standards as required by the City Engineer.
16) The developer shall make an offer of dedication to thc
for all public streets and easements required by thesc
conditions or shown on the Site Development Plan. Thc
shall be made Prior to issuance of any building permii
this project. All land so offered shall be granted t( City free and clear of all liens and encumbrances and cost to the City. Streets that are already public art required to be rededicated.
17) Improvements listed in this section shall be installec
agreed to be installed by secured agreement by the del
before the issuance of any building permit. The deve:
shall obtain approval of the plans from the City Engil
pay all associated fees and performance guarantees pr:
issuance of any building permit. The developer shall
said improvements to the satisfaction of the City Eng:
prior to issuance of a Certificate of Occupancy or OCI
of any portion of the project for any purpose. The improvements are:
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//// PC RES0 NO. 2403 -4-
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a) Chinquapin Avenue, one-half width plus a 12 foot lar
local street standards along the project frontage,
excepting only that the street may be constructed wj
the existing 50 foot wide right-of-way. The devel01
shall make an offer of dedication to the city for a
wide public access and utility easement along the PI
frontage.
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The developer shall support, shore and shall construct !
facilities to protect the structures conditioned by PCD-
from damage the existing masonry wall along the easterlq
of this project fail and so as to assure the stability c
wall during and after the construction of this project.
methods of complying with this condition (including
calculations and drawings satisfactory to the City Engir
shall be submitted to the City Engineer and his approval
the methods obtained prior to issuance of any building 1
for this project.
Approval of PCD-75 is contingent on approval of a strec
width and improvement standards variance by the Planninc
Commission. If the variance is not approved this appro\ void. Approval of PCD-75 shall in no way bind the city approve the street width and improvement standard variar
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20) Unless a standard variance has been issued, no variance
project plan.
City Standards are authorized by virtue of approval of t
Code. 19
Away Zone" pursuant to Section 17.04.040, Carlsbad Munic
at all times, and shall have posted "NO Parking/Fire Lan 18
22) All private driveways shall be kept clear of parked vehi l7
regarding services to the project. design requirements of the respective sewer and water ag 16
21) The developer shall comply with all the rules, regulatic l5
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23) 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 be signed and sealed on their first page. Additionally the sheet of each set of plans shall have the following
certificate:
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24 I/ "DECLARATION OF RESPONSIBLE CHARGE''
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I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over t:
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
28 PC RES0 NO. 2403 -5-
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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 m
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. #
24) The developer shall provide the City with a reproducibl
copy of the site plan as approved by the Planning Commj
The site plan shall reflect the conditions of approval City. The plan copy shall be submitted to the City Ens prior to improvement plan submittal.
25) Prior to approval of any grading or building permits fc project, the owner shall give written consent to the annexation of the area shown within the boundaries of 1 plan into the existing City of Carlsbad Street Lightin? Landscaping District No. 1.
Parks .and Recreation
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26) The final landscape plan to be approved by the Parks ar
Recreation Director.
27) Street trees to be planted per city standards and meet approval of the Parks and Recreation Director.
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PASSED, APPROVED AND ADOPTED at a regular meeting of
Planning Commission of the City of Carlsbad, California, held
23rd day of January, 1985, by the following vote, to wit:
AYES : Chairman Farrow, Commissioners Schlehuber,
L'Heureux, Marcus, Smith and Rombotis.
NOES : None.
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ABSENT : Commissioner McFadden.
ABSTAIN : None.
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x' /I ATTEST :
12 -+b\&J+++&&$&&*~v '? $5 '\ & .~ 2
l3 MICHAEL J .. 'RdLZMB&ER
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LAND USE PLANNING OFFICE
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