HomeMy WebLinkAbout1985-10-23; Planning Commission; Resolution 2503I
I 11
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
0 0
PLANNING COMMISSION RESOLUTION NO. 2503
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
STRUCTURE RELOCATION ON PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF HIGHLAND DRIVE
BETWEEN ELM AVENUE AND ELMWOOD STREET.
CASE NO: PCD-89
APPLICANT: GARNER
WHEREAS, a verified application for certain property, to
wit:
That portion of Tract 119 of Carlsbad Lands according to
Map thereof No. 1661 filed March 1, 1915,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 23rd day of
October, 1985, consider said request; and
WHEREAS, at said hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to the
Planning Commission Determination; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the hearing, the Com-
mission APPROVES PCD-89, based on the following findings and
subject to the following conditions:
Findings:
1) The project is consistent with the City's General Plan since
the proposed density of two dwelling units per acre is within
the density range of one to four dwelling units per acre
specified for the site as indicated on the Land Use Element of
the General Plan.
0 e
1
2
3
4
2) 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 proposed .
3) The project is consistent with all City public facility
policies and ordinances.
5 4) The proposed project is compatible with the surrounding land
7
residential development on the General Plan. 6
uses since surrounding properties are designated for
5) As conditioned, the proposed project complies with all the requirements of the Carlsbad Zoning Ordinance as discussed in
8 the staff report.
9
10
11
12
13
14
15
16
17
18
6) This project will not cause any significant environmental
impacts and has been determined to be exempt from environmental impact assessment per Section 19.04.070 of the
Carlsbad Municipal Code.
Conditions:
1 ) Approval is granted for PCD-89, as shown on Exhibits "A1l-llC1l
dated August 8, 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. I 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.
I
19 1 3) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City
20 ordinances in effect at time of building permit issuance.
21 4) Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa 22 Real Water District, dated May 25, 1983.
23 Land use Planning Conditions: I1 24
25
26
27
5) Prior to occupancy an architecturally integrated two car
~ garage with a minimum dimension of 20 feet shall be provided.
6) 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.
~
28 PC RES0 NO. 2503 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2o I
21 I 22
23
24
25
26
27
28 ~
1,
0 0
7) 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.
Engi,neering Conditions
8) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
9) 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.
10) No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of
the affected properties.
11 ) All slopes within this project shall be no steeper than 2: 1.
12) 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.
~ 13) Additional drainage easements and drainage structures shall be
I I provided or installed as may be required by the County
~
I Department of Sanitation and Flood Control or the City Engi- neer .
, 14) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of any grading or building permit for this project.
15) Highland Drive shall be dedicated by the developer along the subdivision frontage based on a centerline to right-of-way width of 30 feet and in conformance with City of Carlsbad Standards prior to issuance of building permits.
16) The initial driveway grade from Highland Drive shall not be greater than five percent for the first 20 feet, measured from
right-of-way of Highland Drive.
~ I I PC RES0 NO. 2503 -3-
// e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 I
20
21
22
23
24
25
26
27
28
I,
I
~ I 17) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this
site plan.
18) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
19) The developer shall enter into a lien contract for the future improvement of a half street width of Highland Drive along the
project frontage prior to issuance of any grading or building
permit for this project.
Building Department:
20) The structure shall comply with all current building codes
prior to occupancy.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 23rd day of October, 1985, by the following vote, to wit:
AYES : Chairman. Schlehuber , Cortunissioners : L' Heureux, Marcus,
NOES : None.
ABSENT: Nmee
Madden, Smith, Holmes & Hall.
ABSTAIN: Noneo
ATTEST :
A $1 -4-
CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
LAND USE PLANNING MANAGER
PC RES0 NO. 2503 -4-