HomeMy WebLinkAbout1986-04-23; Planning Commission; Resolution 2544e 0
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PLANNING COMMISSION RESOLUTION NO. 2544
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN NO. 85-20, TO CONVERT AN
EXISTING SINGLE FAMILY HOME TO OFFICES ON
PROPERTY LOCATED AT 2774 JEFFERSON STREET.
APPLICANT: FORSYTH
CASE NO: SDP 85-20
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WHEREAS, a verified application 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, pursuant to the provisions of the Municipal code,
the Planning Commission did, on the 26th day of March, 1986, and on
the 23rd day of April, 1986, consider said request on property
described as:
Lot 4 of Schell and Sites addition to Carlsbad, in the
City of Carlsbad, County of San Diego, State of
California, according to the Map thereof No. 2145, filed in the Office of the County Recorder of San Diego County,
February 20, 1929;
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 Site
Development Plan No. 85-20.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing,
the Commission APPROVES SDP 85-20, based on the following
findings and conditions:
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1 Findings:
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1) The site plan with two variances meets the requirements of the
Carlsbad Zoning Ordinance.
2) The project is consistent with the City's General Plan since the proposed office use is a permitted use in the MH land use category of the General Plan in conjunction with the R-P
zone.
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3)
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The project is consistent with all City public facility pol-
icies and ordinances since:
a) 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.
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b) All necessary public improvements have been provided or will be required as conditions of approval.
c) 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.
4) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on March 5, 1986 and approved by the Planning Commission on April 23, 1986.
5) The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development
fees, and has agreed to abide by any additional requirements
established by a development management or public facility program ultimately adopted by the City of Carlsbad. This will
ensure continued availability of public faci.lities and will mitigate any cumulative impacts created by the project.
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PC RES0 NO. 2544 -2- 28
conditions. 27
on file in the Planning Department. Development shall occur 26
1) Approval is granted for SDP 85-20, as shown on Exhibits 25
Conditions:
11 Ala - (1 c 11 , dated March 10, 1986, incorporated by reference and
substantially as shown unless otherwise noted in these
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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 o'f application for
such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map,
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 November 13, 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.
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 necessary 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 24"x36" reproducible mylar of
the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by
the Planning Director 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 Planning Director prior to the issuance of building permits.
9) All parking lot trees shall be a minimum of 15 gallons in size.
10) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
11) Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to
installation of such signs.
12) Approval of Site Development Plan No. 85-20 is granted subject
to approval of Variance No. 371.
PC RES0 NO. 2544 -3-
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14)
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.
Before obtaining a final map or building permit, whichever
occurs first, the applicant shall: a) agree to pay any
increase in the public facilities fee or additional tax on new
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construction and/or new development fees established by the City Council prior to July 20, 1986; b) agree to abide by any additional requirements established by the development
management system or phasing plans which may be ultimately adopted by the City of Carlsbad. This condition complies with
City Council Ordinance No. 9791.
15) A wooden fence shall be installed along the common lot lines
and shall be six feet in height, except in the frontyard area where the wall shall be reduced to 42 inches in height.
Engineering Conditions:
16) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
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17)
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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 r'eports to the City Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owners of
the affected properties.
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.
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property prior to approval of any grading or building permit 26
20) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent
for this project. 11 //I/ 28
PC RES0 NO. 2544 -4-
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21 ) The developer shall construct drainage systems in such a manner as to not drain out driveways or across sidewalks.
22) Prior to building permit issuance, hydrology and hydraulic calculations shall be submitted for the proposed
storm drainage system, subject to the satisfaction and
approval of the City Engineer.
23) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan.
24) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
25) All private driveways and turnaround areas 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. The turnaround area
shall be painted with white diagonal stripes to indicate a "Nc
Parking Zone. I'
26) 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 and shad1 be 24" x 36" in
size and of a quality and material satisfactory to the City
Engineer.
27) Prior to issuance of a building permit, the applicant shall establish a reciprocal driveway access easement for the adjacent property.
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PC RES0 NO. 2544 -5-
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l. I/ PASSED, APPROVED AND ADOPTED at a regular meeting of the
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the 23rd day of April, 1986, by the following vote, to wit: 3
Planning Commission of the City of Carlsbad, California, held on
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AYES : &airman Schlehuber, Corrnnissioners: Wme, mas,
NOES : None.
ABSENT: None.
ABSTAIN: None.
Madden, Smith, HoWs & Hall.
Lk. CLARENCE SCHLEHUBER, Chal rman
CARLSBAD PLANNIING COMMISSION
x' ATTEST :
I.2 : l3 MICHAEL J. HOLZMILLER
1 i: PLANNING DIRECTOR
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PC RES0 NO. 2544 -6-
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