HomeMy WebLinkAbout1988-11-02; Planning Commission; Resolution 27941
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PLANNING COMMISSION RESOLUTION NO. 2794 I
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 JEFFERSON STREET BETWEEN OAK AND PINE AVENUE. APPLICANT: RICO CASE NO: PCD 88-1 RICO
WHEREAS, a verified application for certain property, to 1
wit:
Lots #27 & 28 Block #47 - Map Thereof # 538 APN:
201-031-11 I
has been filed with tne 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 2nd day of
November, 1988, 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 Commission APPROVES PCD 88-1 RICO, based on the following findings and subject to the following conditions:
Findinqs:
1) The project is consistent with the City's General Plan since the proposed density of one dwelling unit 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.
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
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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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Ensineerins Conditions I
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 grading11 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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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) 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 Engineer.
12) 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.
13) Applicant shall install public improvements including curb, gutter and sidewalk along all street frontages of this project in conformance with City of Carlsbad Standards prior to occupancy of the buildings.
14) Unless a standard variance has been issued, no variance I from City Standards is authorized by virtue of approval ~
of this site plan.
15) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the pro j ect .
Buildins Department: I
~ 16) The structure shall comply with all current building
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I codes prior to occupancy.
RESO.NO. 2794 -3-
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density proposed.
policies and ordinances. 3) The project is consistent with all City public facility
4) The proposed project is compatible with the surrounding land uses since surrounding properties are designated for residential development on the General Plan.
5) As conditioned, the proposed project complies with all the requirements of the Carlsbad Zoning Ordinance as discussed in the staff report.
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, as shown on Exhibits rrArl
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dated October 12, 1988, 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.
3) 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.
4) 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.
Land Use Plannins Conditions:
5) Prior to occupancy an architecturally integrated two car garage with a minimum dimensions 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.
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
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,I PASSED, APPROVED AND ADOPTED at a regular meeting of the
3 I/ Planning Commission of the City of Carlsbad, California, held 411 on the 2nd day of November, 1988, by the following vote, to
511 wit:
6 !j AYES: Chairperson McFadden, Commissioners: Marcus, Hall,
7 /I Schlehuber, Schramm, Erwin and Holmes.
i NOES: None i 8
ABSTAIN: None 9
ABSENT: None
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ATTEST :
PLANNING DIRECTOR
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