Loading...
HomeMy WebLinkAbout1985-07-10; Planning Commission; Resolution 24611 2 3 4 5 m a PLANNING COMMISSION RESOLUTION NO. 2461 A RESOLUTION OF THE PLANNING COMMISSIOPT OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A THREE UNIT APARTMENT PROJECT ON A .192 ACRE PARCEL ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF LAGUNA DRIVE BETWEEN DAVIS AVENUE AND THE 1-5 FREEWAY. APPLICANT: TRAYER CASE - NO. : PCD-79 i3 I1 WHEREAS, a verified application €or certain property to 7 I/wit: 8 9 Portion of 3lock 9 of Sunnyslope Tract of Carlsbad according to Hap 986 filed in the County of San Diego, "Ilhas been filed with the City of Carlsbad and referred to the I' //Planning Commission; and I.2 I! WHEREAS, said verified application constitutes a request as 1311provided by Title 21 of the Carlsbad Municipal Code; and l4 /I WHEREAS, the Planning Commission did, on the 10th day of l5 I uly, 1985, consider said request; and 16 WHEREAS, at said hearing, upon hearing and considering all l7 iitestimony and arguments, if any, of all persons desiring to be l8 Leard, said Commission considered all factors relating to the 19 I )Planning Commission Determination; and 2o II NOW, THEREFORE, BE IT KEREBY RESOLVED by the Planning 2' IL omission as follows: z: i ) That the above recitations are true and correct. ) That based on the evidence presented at the public hearing, the 24 Commission APPROVES PCD-79, based on the following findings and subject to the following conditions: 25 11 /Findinas 2 II d 26 1) The project is consistent with the City's General Plan since 27 the land use element of the General Plan. 28 the proposed density of 15.6 du' s/acre is within the density range of 10-20 du's/acre specified for the site as indicated on 0 0 -. I 2) The site is physically suitable for the type and density of the 2 development since the site is adequate in size and shape to accommodate residential development at the density proposed. 3) The project is consistent with all City public facility pol- 3 4 icies and ordinances since:, 5 6 7 a 9 10 11 12 13 14 15 16 17 4) 19 l8 I 2o i, a) The Planning Commission has added a condition that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this project. b) The Carlsbad School District has written a letter, dated June 24, 1985, stating that school facilities will be available to this project. c) All necessary public improvements have been provided or will be required as conditions of approval. d) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on June 3, 1985 and approved by the Planning Commission on July 10, 1985, 21 22 5) The proposed project complies with all the requirements of the requested because the density conforms with adjacent densities 23 and land uses, the project has only three units and the design 24 is compatible with ot'ner projects in the area. 25 /// 26 /// 27 I /// Carlsbad Zoning Ordinance as discussed in the staff report. 7) The design of the proposed project justifies the density 28 &/&SO NO. 2461 i -2- 0 0 1 8) The project slightly exceeds the mean density established for the RMH General Plan designation by City Council Policy 7872, however due to the small size of the project it will not 2 significantly increase traffic congestion in the area. 3 IlConditions: I * 5 1 ) Approval is granted for PCD-79, as shown on Exhibits "A" - VI E It I dated June 3, 1985, incorporated by reference and on file in 6 the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 7 8 9 10 11 12 13 14 15 2) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. 3) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with 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 December 20, 1984, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. i 16 17 18 19 20 21 22 23 24 4) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 5) This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval. 6) Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. 7) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. 25 /I//// 26 I///// 27 //// 28 PC RES0 NO. 2461 -3- e 0 1 2 8) The applicant shall prepare a detailed landscape and irrigation 6 10) All roof appurtenances, including air conditioners, shall be 5 4 9) All landscaped areas shall be maintained in a healthy and 3 plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. thriving condition, free from weeds, trash, and debris. architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of Director. 7 the Land Use Planning Manager and Building and Planning 8 9 11) Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road: color of identification and/or addresses 10 shall contrast to their background color. 11 12) If any condition for construction of any public improvements or condition complies with all requirements of law. the City Council determines that the project without the 14 determined to be invalid this approval shall be invalid unless Governinent Code Section 65913.5. If any such condition is 13 challenged this approval shall be suspended as provided in facilities, or the payment of any fees in lieu thereof, imposed 15 16 17 commencement of any clearing or grading of the site. 18 p4) The grading for this project is defined as "controlled grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site the approved grading plan, submit required reports to the City Carlsbad Municipal Code. 12 by this approval or imposed by law on this project are Engineering: 13) The developer shall obtain a grading permit prior to the 19 I 20 28 27 26 separate grading permit issued for the borrow or disposal site 25 24 a letter of permission is obtained from the owners of the 23 22 Engineer and verify compliance with Chapter 11.06 of the 21 inspection and testing to ensure compliance of the work with /:';SO NO. 2461 -4- 15) No grading shall occur outside the limits of the project unless affected properties. 16) A separate grading plan shall be submitted and approved and a if located within the city limits. 17) All slopes within this project shall be no steeper than 2:l. I1 e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 19) Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 19) The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control.neasures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 14 15 project or shall construct drainage systems in conformance with 18 21) The developer shall pay the current local drainage area fee 17 neer. 16 provided or installed as may be required by the County 20) Additional drainage easements and drainage structures shall be Department of Sanitation and Flood Control or the City Engi- prior to issuance of any grading or building permit for this the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer. 19 I 20 122) The owner of the subject property shall execute a hold harmless ~ agreement regarding drainage across the adjacent property prior 21 22 to approval of any grading or building permit for Ynis the runoff from a storm of the same frequency and duration 24 resulting from a 10-year frequency storm of 6 hours or 24 hours 23 23) The drainage system shall be designed to ensure that runoff project. duration under developed conditions, is equal to or less Ylan under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 25 11 26 ll//// 27 28 //I/ PC RES0 NO. 2461 -5- 0 0 1 24) The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Site Development Plan. The offer shall be made 3 land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be 2 prior to issuance of any building permit for this project. All 4 rededicated. 5 25) Laguna Drive shall be dedicated by the developer along the Standards prior to occupancy of any buildings. 7 width of 30 feet and in conformance with City of Carlsbad 6 subdivision frontage ba.sed on a centerline to right-of-way 8 9 10 11 12 13 14 26 1 Improvements listed in this section shall be installed or agreed to be installed by secured agreement by the developer before the issuance of any building permit. The developer shall obtain approval of the plans from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any building permit. The developer shall install said improvements to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy or occupancy ol any portion of the project for any purpose. The improvements are : a) Widen existing pavement per local street standards. b) Construction of driveway approach, gutter and sidewalk per 1 street standards. I l5 16 27) Unless a standard variance has been issued, no variance from City Standards are authorized by virtue of approval of this 28) The developer shall comply with all the rules, regulations and l7 site plan. regarding services to the project. 18 design requirements of the respective sewer and water agencies :: i29) The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units. 21 I///// 22 23 24 25 26 27 //// //// //// //// //// //// ~ 20 PC RES0 NO. 2461 -6- I1 e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30) All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signec and sealed on their first page. Additionally the first 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 this project, that I have exercised responsible charge over the 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 I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review 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.: Telephone: BY Date: (Name of Engineer) R.C.E. NO. # I 31) The developer shall provide the City with a reproducible mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal. 32) Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexatior of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. 33) The applicant shall contribute towards the cost of a signal light or other device at the intersection of Jefferson Street and Laguna Drive. This contribution shall be paid prior to issuance of building permits. The amount of the contribution shall not exceed $500 of the cost of the required facility as determined by the City Engineer. //// PC RES0 NO. 2461 -7- I 1 . 0 0 1 2 5 4 the 10th day of July, 1985, by the following vote, to wit: 3 Planning Commission of the City of Carlsbad, California, held on PASSED, APPROVED AND ADOPTED at a regular meeting of the AYES: Chairman Schlehuber, Commissioners: L'Heureux, Marcus, Smith, Rombotis and Hall. 6 7 NOES: Co-missioner McFadden. ABSENT : None. 8 Ii ABSTAIN : None. 9 10 7- CLARENCE L& SCHLEHUBER, Chairinan CARLSBAD PLANNING COMMISSION LJ. 12 13 14 II 15 16 17 18 19 I 20 21 22 23 24 11 25 11 28 C =SO NO. 2461 7 -8- i I I -~ /I