HomeMy WebLinkAbout1986-09-17; Planning Commission; Resolution 2599II e 0 1
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PLANNING COMMISSION RESOLUTION NO. 2599
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT. PLAN NO. 86-5, TO CONSTRUCT A TWO
UNIT CONDOMINIUM ON PROPERTY GENERALLY LOCATED AT 2677 AND 2679 OCEAN STREET.
APPLICANT: OCEAN STREET CONDOS CASE NO: SDP 86-5
5 WHEREAS, a verified application has been filed with the I
6 City of Carlsbad and referred to the Planning Commission; and
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WHEREAS, pursuant to the provisions of the Municipal code, 9
WHEREAS, said verified app.lication constitutes a request
8 as provided by Title 21 of the Carlsbad Municipal Code; and
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consider said request on property described as: XI.
the Planning Commission did, on the 17th day of September, 1986,
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Lots 19 b 20 in Block 'H' of Hayes Company Addition to Carlsbad, Map No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map 1221, filed in the office of the County Recorder of San Diego, November 4, 1909 ;
15 11 WHEREAS, at said hearing, upon 'nearing and considering all
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heard, said Commission considered all factors relating to Site I.7
testimony and arguments, if any, of all persons desiring to be
I* 1 Development Plan No. 86-5.
19 I NOW, THEREFOKE, BE IT HEREBY RESOLVED by the Planning
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findings and subject to the following conditions:
the Commission APPROVES SDP 86-5, based on the following 23
(B) That based on the evidence presented at the public hearing, 22
(A) That the foregoing recitations are true and correct. 21
Commission of the City of Carlsbad as follows:
24 /1 Findings:
25 ' I) The project is consistent with the City's General Plan since
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the proposed density of 14.2 du's/acre is just slightly below
the density range of 15-23 du's/acre specified for the site as indicated on the Land Use Element of the General Plan and the constkaiEts af tht lot makes it difficult to develop this site at a lg er ens1 yo
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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 pro- posed.
3) 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 that the
final map will not be approved unless the City Council
finds that sewer service is available to serve the project. In addition, the Planning Commission has added a
condition that a note shall be placed on the final map that building permits may 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.
b) The Carlsbad School District has written a letter, dated
May 14, 1986, stating that school facilities will be
available to this project.
c) Park-in-lieu fees are required as. a condition of ap-
proval.
d) All necessary public improvements have been provided or will be required as conditions of approval.
e) 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) The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for
residential development on the General Plan.
5) , This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Planning Director on August 16, 1986 and approved by the Planning Commission on September 17, 1986.
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6) This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment of fees in lieu of construction. This project creates a direct need for the improvements or facilities for the reasons stated in the staff report. If the improvements or facilities are not provided, the project will create an unmitigated
burden on existing improvements and facilities. Further, the
improvements and facilities are necessary to provide safe, adequate and appropriate service to future residents of the project consistent with City goals, policies and plans.
7) 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 facilities and will
mitigate any cumulative impacts created by the project.
Conditions:
1) Approval is granted for SDP 86-5, as shown on Exhibit (s) "A"
through "F", dated August 29, 1986, incorporated by reference
and on file in the Planning Department. Development shall
occur substantially as shown unless otherwise noted in these
conditions.
2) This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is
available to serve the subdivision.
3) 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 note shall be placed on the final map.
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4) This project is also approved under the express condition that
the applicant pay the public facilities fee adopted by the City Council on April 22, 1986 and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivider's agreement to
pay the public facilities fee dated July 15, 1986, and
September 8, 1986, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are
not paid this application will not be consistent with the
General Plan and approval for this project shall be void.
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5) The applicant shall pay park-in-lieu fees to the City, prior
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6j The applicant shall provide school fees to mitigate condi- 8
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11 8) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City
1.2 ordinances in effect at time of building permit issuance.
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1.7 the final site plan incorporating the conditions contained
1.8 herein. Said site plan shall be submitted to and approved by
the Planning Director prior to the issuance of building
permits.
to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
tions of overcrowding as part of building permit application.
These fees shall be based on the fee schedule in effect at the time of building permit application.
9) 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.
10) 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.
11) The applicant shall prepare a 24"x36" reproducible mylar of
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2!1 '' 13)' The applicant shall prepare a detailed landscape and irriga-
2! 3 tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits.
24 14) A 500' scale map of the subdivision shall be submitted to the
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12j The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Planning
Director prior to final map approval.
Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project.
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15j All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debri.s.
16) 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.
4 /I 17) Approval of SDP 86-5 is granted subject to approval of Variance No. 377, and M.inor Subdivision Map No. 735.
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18) All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and
existing schools, parks, and streets.
19) 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.
20) 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.
21) This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such
rental shall be not less than 26 days. A condition so stating this shall be placed in the C.C. & R's for the project.
22) 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 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.
23))' Turf Stone" pavers as shown on the site plans, shall be II
allowed for one guest parking space only.
24 24) Bomanite stamped concrete shall not be used for the driveway
25 of-way.
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because the City is requiring it's dedication as public right-
25) No RV, boat parking or similar storage shall be permitted in the open parking areas on either side of the garage.
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Engineering Department:
26) The developer shall obtain a grading permit prior to the 1 commencement of any clearing or grading of the site.
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The grading for this project is d.efined as llcontrofled 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.
28) Upon completion of grading, the developer shall ensure that an
"as-graded" geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con-
tour map which represents both the pre and post site grading.
This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar
or similar drafting film and shall become a permanent record.
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29) No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties.
30) 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.
ZL 6 // 31) All slopes within this project shall be no steeper than 2:l.
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32) 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. It9 1 I 20
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33j 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
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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.
34) Additional drainage easements and drainage structures shall be
provided or installed as may be required by the City
Engineer.
35) The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
36) The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 .hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results.
37j The developer shall make an offer of dedication to the City for all public streets and easements required by these
conditions or shown on the Site Development Plan. The offer shall be made prior to issuance of any building permit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without
cost to the City. Streets that are already public are not
required to be rededicated.
3&) Ocean Street shall be dedicated by the developer along the
subdivision frontage based on a centerline to right-of-way
width of 25 feet and in conformance with City of Carlsbad
Standards prior to occupancy of any buildings.
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39) The developer shall obtain the City Engineer's approval of the project improvement plans and enter into a secured agreement with the City for completion of said improvements prior to issuance of any building permit within this project. The improvements shall be constructed and accepted for maintenance by the City Council prior to issuance of a Certificate of
Occupancy for any unit within the project. The improvements are:
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a) Public facilities fronting the project that are damaged
or otherwise unacceptable;
b) Half width street improvements along the project's frontage on Ocean Street to City of Carlsbad local street standards. This shall include curb, gutter, sidewalk and adequate transitions to join existing improvements. Stamped concrete and pavers as indicated in Exhibit B .are specifically not aproved within the City right-of-way. Centerline to curb face distance shall be 20 feet.
40) Approval of SDP 86-5 is contingent on approval of a street
width and improvement standards variance by the Planning
Commission. If the variance is not approved this approval is
void. Approval of SDP 86-5 is void. Approval of SDP 86-5 shall in no way bind the City to approve the street width and improvement standard variance.
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41) Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this site plan.
42) The developer shall install sidewalks along all public street frontages of this project in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
43) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
44) The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each' of the units.
45) All plans, specifications, and supporting documents for the -
improvements of this project shall be signed and sealed by the
Engineer in responsible charge of the work. Each sheet shall
be signed and sealed, except that bound documents may be signed
and sealed on their first page. Additionally the first sheet
of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
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I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a review
only and does .not relieve me, as Engineer of Work, of my
responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address :
City, St. : I I
Telephone: I BY Date:
(Name of Engineer) I
R.C.E. NO. #
46) 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.
47j Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site
plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1.
48) Approval of SDP 86-5 is subject to approval of MS 735.
49) The garage doors shall not encroach in the street
right-of-way when opened. Front building setbacks as indicated on the site plan are specifically not approved for hinge-type garage doors.
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II 0 PASSED, APPROVED AND ADOPTED at a regular meet of the
Planning Commission of the City of Carlsbad, California, held on
the 17th day of September, 1986, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: Marcus,
NOES : Commissioner McBane.
McFadden, Schramm, Holmes and Hall.
ABSENT : None.
ABSTAIN : None.
ATTEST :
"-qg!J".
CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
MICHAEL J. H ZM LLER &a LAND USE PLANNING MANAG R
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