HomeMy WebLinkAbout1985-10-09; Planning Commission; Resolution 2499/
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PLANNING COMMISSION RESOLUTION NO. 2499
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A THREE-UNIT APARTMENT
PROJECT IN ADDITION TO AN EXISTING SINGLE FAMILY
RESIDENCE ON A .308 ACRE PARCEL ON PROPERTY GENERALLY
LOCATED AT 2632 JEFFERSON STREET.
APPLICANT: SPRAGUE APARTMENTS
CASE NO.: PCD-87
WHEREAS, a verified application for certain property to
it:
The south 55 feet of Mitchel Street lying between Blocks
1 and 2 and lying between the east line of Front Avenue
and the west line of Reece Avenue,
as been filed with the City of Carlsbad and referred to the
lanning commission; and
WHEREAS, said verified application constitutes a request
s provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 9th day of
ctober, 1985, and on the 23rd of October, 1985, consider said
eques t ; and
WHEREAS, at said hearing, upon hearing and considering all
estimony and arguments, if any, of all persons desiring to be
eard, said Commission considered all factors relating to the
lanning Commission Determination; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
ommission as follows:
,) That the above recitations are true and correct.
) That based on the evidence presented at the public hearing,
the Commission APPROVES PCD-87, based on the following
findings and subject to the following conditions:
indings:
1) The project is consistent with the City's General Plan since
the proposed density of 12.9 du's/acre is within the density
range of 9.1 - 15 du's/acre specified for the site as indicated on the Land Use Element of the General Plan.
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The site is physically suitable for the type and density of
the development since the site is adequate in size and shape to accommodate residential development at the density pro- posed.
The project is consistent with all City public facility pol- icies and ordinances since:
The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will 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.
The Carlsbad School District has written a letter, dated
July 9,' 1985, stating that school facilities will be available to this project.
All necessary public improvements have been provided or will be required as conditions of approval.
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.
The project as proposed is exempt from environmental review per Article 19, Section 15303(b) of the California Environmental Quality Act.
The proposed project complies with all of the requirements of
the Carlsbad Zoning Ordinance as discussed in the staff report.
The design of the proposed project justifies the density requested as discussed in the staff report.
The proposed project is compatible with surrounding single family residences as discussed in the staff report.
PC RES0 NO. 2499 -2-
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:ond it ions :
Approval is granted for PCD-87, as shown on Exhibits "A" -
"Dl', dated July 3, 1985, incorporated by reference and on file
in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these
conditions.
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.
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 July 2, 1985, 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.
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.
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.
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.
;and Use Planning Conditions:
7) The applicant shall prepare a 24" x 36" 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.
8) The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Land
Use Planning Manager prior to the issuance of building permits.
9) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
?C RES0 NO. 2499 -3-
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Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager .
All roof appurtenances, including air conditioners, shall be 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
the Land Use Planning Manager and Buildinq and Planning Director.
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 shall contrast to their background color.
If any condition for construction of any public improvements
or facilities, or the payment of any fees in lieu thereof,
imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in
Government Code Section 65913.5. If any such condition is
determined to be invalid this approval shall be invalid unless
the City Council determines that the project without the condition complies with all requirements of law.
The applicant shall submit detailed drawings of the proposed recreational amenities including the childrens gym, swingset and sandbox and the proposed spa. These drawings should include a description of the materials and dimensions of each
amenity. Said recreational amenity drawings shall be
submitted to and approved by the Land Use Planning Manager prior to 'the issuance of building permits.
The proposed project shall be made compatible in appearance to
the existing on-site structure-to the satisfaction of the Land
Use Planning Manager prior to occupancy.
Engineering Department:
16) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
17) The grading for this project is defined as "controlled grad- ing" 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 inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
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PC RES0 NO. 2499 -4-
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No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of
the affected properties.
All slopes within this project shall be no steeper than 2:l.
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.
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 measures 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.
Additional drainage easements and drainage structures shall be provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City Engi-
neer.
This project shall not drain out the driveway. An inlet/outlet system shall be provided to handle all storm drainage from this site.
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 of any portion of the project for any purpose. The improvements are:
Replacement of curb, gutter and sidewalk, if damaged or found not acceptable by public works inspector.
PC RES0 NO. 2499 -5-
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25) Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this site plan.
26) The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees shall
be of a variety selected from the approved Street Tree List.
27) The developer shall install sidewalks along all public street
frontages in conformance with City of Carlsbad Standards priol to occupancy of any buildings.
28) The developer shall comply with all the rules, regulations ani design requirements of the respective sewer and water agencies regarding services to the project.
29) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow
Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal
Code.
Fire Conditions:
30) Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
31 ) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for
approval.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 9th day of October, 1985, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: L'Heureux, Marcus, Smith, Hall and Holmes.
ABSENT: None A
CARLSBAD PLANNING COMMISSION
ATTEST: /
LAND USE PLANNING MANAGER
PC RES0 NO. 2499 -6-