HomeMy WebLinkAbout1985-12-11; Planning Commission; Resolution 2522¶ 0 a
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PLANNING COMMISSION RESOLUTION NO. 2522
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TWO-UNIT APARTMENT PROJECT, AN ADDITION TO
AN EXISTING SINGLE FAMILY RESIDENCE ON A . 229 ACRE PARCEL ON PROPERTY GENERALLY
LOCATED AT 2614 JEFFERSON STREET.
APPLICANT: R. A. WORTHING
CASE NO.: PCD-86
WHEREAS, a verified application for certain property to
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Lot 2 and the south one-f ifth of Lot 3 , the south one-
fifth of Lot 14 and all of Lot 15 excepting therefrom the east 48.33 feet of said south one-fifth of Lot 14 and 15, all in Block 2 of Sunny Slope Tract of Carlsbad, in the
City of Carlsbad, in the County of San Diego, State of
California, according to Map thereof No. 1486, filed in the Office of the County Recorder of San Diego County, February 7, 1888 ,
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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
17 WHEREAS, the Planning Commission did on the 11th day of
December, 1985, consider said request; and
19 I.8 I WHEREAS, at said hearing, upon hearing and considering all
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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 above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
27 the Commission APPROVES PCD-86, based on the following findings and subject to the following conditions:
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1 Findings: /I 2
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The project is consistent with the City's General Plan since the proposed density of 13.1 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.
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.
The project is consistent with all City public facility pol- icies and ordinances since: I I
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a) The Planning Commission has, by inclusion of an appropriate^ i
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.
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b) The Carlsbad School District has written a letter, dated June 11, 1985, stating that school facilities will be available to this project. I 15 c) All necessary public improvements have been provided or
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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.
20 4) The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated €or 21 residential development on the General Plan.
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Quality Act. 23
5) The project as proposed is exempt from environmental review per
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6) The proposed project complies with all of the requirements of 24
Article 19, Section 15303(b) of the California Environmental
the Carlsbad Zoning Ordinance as discussed in the staff
26 7) The design of the proposed project justifies the density
27 'I requested as discussed in the staff report.
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1 8) The proposed project is compatible with surrounding residential 2L uses as discussed in the staff report.
onditions: 3
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1 ) Approval is granted for PCD-86, as shown on Exhibits ''A" - "C",
dated November 4, 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,
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 ,
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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 June 20, 1985, is on fil-e
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.
5) This approval shall become null and void if building permits 18
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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 20 I Service agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983. 21
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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 24 the Land Use Planning Manager prior to the issuance of building
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26 plan which shall be submitted to and approved by the Land Use
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Planning Department:
8) The applicant shall prepare a detailed landscape and irrigation
Planning Manager prior to the issuance of building permits.
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9) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
10) 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 Building and Planning
Director.
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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. Addresses for the
two rear units shall be posted so as to be plainly visible from Jefferson Street.
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.
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13) The applicant shall submit detailed drawings of the proposed
recreational amenities including the children's jungle gym and
sandbox. 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.
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I_____ 14) The developer shall obtain a grading permit prior to the 19
Engineering Department:
commencement of any clearing or grading of the site.
15) The grading for this project is defined as "controlled grading"
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engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with 23 the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the 24 Carlsbad Municipal Code.
25 16) No grading shall occur outside the limits of the project unless
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21 by Section 11.06.170(a) of the Carlsbad Municipal Code.
a letter of permission is obtained from the owners of the
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A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site
if located within the city limits.
Prior to hauling dirt or construction materials to any propose 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 perioi 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.
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20) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this sit
plan,
121) The developer shall comply with all the rules, regulations ani
I/ I design requirements of the respective sewer and water agencies regarding services to the project.
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22) All private driveways shall be kept clear of parked vehicles i 22 all times, and shall have posted "NO Parking/Fire Lane-Tow Aw; Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 23
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PASSED, APPRQVED AND ADOPTED at a regular meeting of the 1
Planning Commission of the City of Carlsbad, California, held on
the 11th day of December, 1985, by the following vote, to wit: I
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NOES: Chairman Schlehuber, Commissioners: Holmes fi 7
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6 AYES: Commissioners: Marcus , McFadden, Smith and Hall.
L'Heureux.
ABSENT : None.
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ABSTAIN : None. A "-\ I4
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CLARENCE SCHLEHUBER", Chairman
l2 /I CARLSBAD PLANNING COMMISSION
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PLANNING DI
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PC RES0 NO. 2522
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