HomeMy WebLinkAbout1985-03-27; Planning Commission; Resolution 24141.. . 1' * 0 0
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PLANNING COMMISSION RESOLUTION NO. 2414
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING PLANNING COMMISSION
DETERMINATION 73 FOR CONSTRUCTION A THREE-UNIT APART
PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH S
WALNUT AVENUE BETWEEN LINCOLN STREET AND WASHINGTON STREET.
APPLICANT: BEST BUILDERS
CASE NO: PCD-73
WHEREAS, a verified application for certain property
wit:
Lot 219 of Thum Lands according to Map No. 1681 file the office of the County Recorder on December 9, 191 APN 204-132-18,
has been filed with the City of Carlsbad, and referred to the
Planning Commission: and
WHEREAS, said verified application constitutes a req
as provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did on the 13th day
March, 1985 and on the 27th day of March, 1985, consider said
request: and
WHEREAS, at said hearing, upon hearing and consider
all testimony and arguments, if any, of all persons desiring
heard, said Commission considered all factors relating to the
Planning Commission Determination: and
21 il NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin
22 Ilcommission as follows:
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Findings:
1) The project is consistent with the City's general plan s
the proposed densit of 26.3 du's/acre is within the den
28 range of 20-30 du'sraacre specified for the site as indic on the land use element of the general plan.
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the hearing, the
mission APPROVES PCD-73, based on the following findings:
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1 2) The project at three units is too small to create traffi
problems and is not affected by City Council Policy 7872
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3) The design of the project justifies the density request€
because the density conforms with adjacent densities and uses, the project has only three units and the design is compatible with other projects in the area.
4) The project is consistent with all City public facility
icies and ordinances since:
a) The Carlsbad School District has written a letter, c
November 26, 1984, stating that school facilities wj
available to this project.
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b) Park-in-lieu fees are required as a condition of ap-
proval.
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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 faciliti fee. Performance of that contract and payment of th will enable this body to find that public facilities be available concurrent with need as required by the
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5) The proposed project is compatible with the surrounding
land uses since surrounding properties are designated fc
residential development on the general plan.
6) This project will not cause any significant environment;
impacts and a Negative Declaration has been issued by tk!
Use Planning Manager on November 15, 1984 and approved L Planning Commission on April 10, 1985.
I' 11 Conditions :
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1 ) Approval is granted for PCD-73, as shown on Exhibits "A"
"C", dated November 16, 1984, incorporated by reference
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file in the Land Use Planning Office. Development shall
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2) This project is approved upon the express condition that 23
conditions. substantially as shown unless otherwise noted in these
sewer facilities are available at the time of applicatio 25
subject property unless the City Engineer determines tha
building permits will not be issued for development of t
such sewer permits and will continue to be available unt
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time of occupancy.
PC RES0 NO. 2414 -2-
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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 file
the City Clerk and incorporated herein by reference, anc
according to the agreement executed by the applicant for
payment of said fee, a copy of that agreement, dated Jul 1984, is on file with the City Clerk and incorporated he by reference. If said fee is not paid as promised, thic application will not be consistent with the General Plar approval for this project shall be void. '
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4) Approval of this request shall not excuse compliance wit sections of the Zoning Ordinance and all other applicabl
ordinances in effect at time of building permit issuance
8 5) This approval shall become null and void if building per
9 are not issued for this project within one year from the
of project approval .
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6) Water shall be provided to this project pursuant to the
Service agreement between the City of Carlsbad and the C Real Water District, dated May 25, 1983.
Land Use Planning
7) The applicant shall prepare a detailed landscape and irr
tion plan which shall be submitted to and approved by tk- Use Planning Manager prior to the issuance of building permits .
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1 8) All landscaped areas shall be maintained in a healthy ar:
thriving condition, free from weeds, trash, and debris.
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9) Any signs proposed for this development shall be designe
conformance with the City's Sign Ordinance and shall rec
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review and approval of the Land Use Planning Manager pri
installation of such signs.
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10) 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.
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11) The developer shall obtain a grading permit prior to the 24
Engineering
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commencement of any clearing or grading of the site.
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PC RES0 NO. 2414 -3-
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19)
The grading for this project is defined as "controlled <
ing" by Section 11.@6.170(a) of the Carlsbad Municipal C Grading shall be performed under the observation of a cj 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 tl
Engineer and verify compliance with Chapter 11.06 of thf
Carlsbad Municipal Code.
No grading shall occur outside the limits of the projeci unless a letter of permission is obtained from the ownel
the affected properties.
A separate grading plan shall be submitted and approved
separate grading permit issued for the borrow or disposi
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 cornpll all conditions and requirements the City Engineer may in
with regards to the hauling operation.
The developer shall exercise special care during the
construction phase of this project to prevent any off-sj
siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/deter basins of type, size and location as approved by the Cit 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 pr:
the start of any other grading operations. Prior to thf
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 requirc
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 guar their maintenance and satisfactory performance through c deposit and bonding in amounts and types suitable to the Engineer.
Additional drainage easements and drainage structures sf-
provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City E neer.
The developer shall pay the current local drainage area
prior to issuance of any grading or building permit for
project or shall construct drainage systems in conformar with the Plaster Drainage Plan and City of Carlsbad Stanc
as required by the City Engineer.
PC RES0 NO. 2414 -4-
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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.
Improvements listed in this section shall be installed (
agreed to be installed by secured agreement by the devel
before the issuance of any building permit. The develor shall obtain approval of the plans from the City Enginec
pay all associated fees and performance guarantees priol
issuance of any building permit. The developer shall il
said improvements to the satisfaction of the City Engint prior to issuance of a Certificate of Occupancy or occul of any portion of the project for any purpose. The
improvements are:
a) Walnut Avenue for one-half its width to collector si
b) Type A curb inlet. c) Thirty foot long curb and gutter and street transit: Walnut Avenue to the west of the westerly line of tl project.
standards along the project frontage.
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22) The design of project improvements shall accommodate stc water drainage from adjacent properties.
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23) Unless a standard variance has been issued, no variance City Standards are authorized by virtue of approval of I site plan.
24) The developer shall comply with all the rules, regulatic
design requirements of the respective sewer and water a(
regarding services to the project.
l8 I 25) 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 tht
sheet of each set of plans shall have the following
certificate:
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"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over i
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. 24 14 -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 my responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address : ~
City, St. :
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8 I1 BY
(Name of Engineer)
Date:
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R.C.E. NO. #
26) The developer shall provide the City with a reproducible
copy of the site plan as approved by the Planning Commis
The site plan shall reflect the conditions of approval b
City. The plan copy shall be submitted to the City Engi
prior to improvement plan submittal.
27) Prior to approval of any grading or building permits for
project, the owner shall give written consent to the annexation of the area shown within the boundaries of th plan into the existing City of Carlsbad Street Lighting
Landscaping District No. 1 .
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//Parks and Recreation
28) The final landscape plan to be approved by the Parks and Recreation Director.
29) Street trees to be planted per City Standards and meet
approval of the Parks and Recreation Director.
Fire Department
30) Additional public and/or on site fire hydrants shall be
required if deemed necessary by the Fire Marshall.
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31) All required fire hydrants, water mains and appurtenance
shall be operational prior to combustible building mater being located on the project site.
32) Fire retardant roofs shall be required on all structures
33) All fire alarm systems, fire hydrants, extinguishing sys automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for
approval prior to construction.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of
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Planning Commission of the City of Carlsbad, California, held
the 27th day of March 1985, by the following vote, to wit:
4 11 AYES : Commissioners Schlehuber, L'Heureux, Marcu:
Smith and Rombotis.
5 11 NOES: Commissioner McFadden.
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ABSENT: Chairman Farrow.
ABSTAIN : None.
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'X ATTEST :
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CLARENCE SCHLEHUBER, Vice-Cha
CARLSBAD PLANNING COMMISSION
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l4 il LAND USE PLANNING MANAGER
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