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Home My WebLink About1987-02-04; Planning Commission; Resolution 2634. /I 0 0 I 1 2 3 4 PLANNING COMMISSION RESOLUTION NO. 2634 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN NO. 86-6, FOR A TWO UNIT CONDOMINIUM CONVERSION ON PROPEKTY LOCATED AT 2425-2435 GARFIELD STREET. CASE NO.: SDP 86-6 APPLICANT: NAIMAN 5 WHEREAS, a verified application has been filed with the I 6 City of Carlsbad, and referred to the Planning Commission; and 7 WHEREAS, said verified application constitutes a request 8 as provided by Title 21 of the Carlsbad Municipal Code; and 9 WHEREAS, pursuant to the provisions of the Municipal 10 considered said request on property descri'oed as: 11 Code, the Planning Commission on the 4th day of February, 1987, 12 13 14 Lot 15 of Granville Park according to Map 1782 filed in the County of San Diego, February 21, 1924. WHEREAS, at said hearing, upon hearing and considering ~ 11 all testimony and arguments, if any, of all persons desiring to be 15 16 17 heard, said Commission considered all factors relating to Site Development Plan No. 86-6. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning I.8 1 3.9 I Commission of the City of Carlsbad as follows: I/ A) That the above recitations are true and correct. 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the hearing, the Commission APPROVES SDP 86-6, based on the following findings and subject to the following conditions: Findings : 1) The project is consistent with the City's General Plan since no new construction and no increase in density is being proposed. 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- II 0 a 1 3) The project is consistent with all City public facility pol- l icies and ordinances since: 2 3 4 5 6 7 8 9 10 11 12 13 14 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 ?ublic Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) Park-in-lieu fees are required as a condition of ap- proval. e) All necessary public improvements have been provided or will be required as conditions of approval. 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. e) . Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. 3.5 16 4) The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual. 3.7 5) The proposed project is compatible with the surrounding future 1 6) The Planning Director has determined that this project is 19 residential development on the General Plan. 18 land uses since surrounding properties are designated for exempt from environmental review based on Section 19.04.075(A) 20 of Title 19 (Environmental Protection Ordinance). 21 22 7) The project is consistent with the standards of both the R-3 and Beach Area Overlay zones. 23 j( Conditions: I 24 1) Approval is granted for SDP 86-6, as shown on Exhibits "A" and llgll 25 file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these , dated June 23, 1986, incorporated by reference and on ll .I 26 conditions. //I/ " PC RES0 NO. 2634 -2- 28 /I e 0 2) This project is approved upon the express condition that the 1 final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is 2 available to serve the subdivision. 3 4 5 6 7 a 9 10 11 12 13 3) This project is approved upon the express condition that building permits will not be issued for development of the slibject 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. 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 February 23, 1982, and the agreement to pay the Growth Management Fee dated December 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. 1* 5) The applicant shall give notice of the conversion to all tenants as required by the Subdivision Map Act and the 15 Carlsbad Municipal Code. x6 6) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City 17 I Real Water District, dated May 25, 1983. I 19 ordinances in effect at time of building permit issuance. I* 7) Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa 20 21 22 23 8) The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CChLIR's shall be submitted to and approved by the Planning Director prior to final map approval. 9) Approval of Site Development Plan 86-6 is granted subject to the approval of Minor Subdivision No. 733. 24 I/ Engineering Department: z5 ' 10) The Subdivider shall sign a written statement to the effect and that he shall make the required notifications to the 26 that he has read Section 66427.1 of the Subdivision Map Act PC RES0 NO. 2634 -3- 27 tenants (Statement attached). 28 ll e 0 1 2 3 4 5 6 7 8 9 10: I1 12 13 14 15 16 17 18 19 I I 11) Final parcel map shall comply with the Planning Department interdepartmental memorandum for Minor Subdivision No. 733. 12) The subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units. 13) The approval is expressly conditioned on the payment by the Applicant of the Public Facilities Fee as required by the City Council Policy No. 17, dated February 23, 1982, and effective 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. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. 14) The developer shall submit approval of the California State Coastal Commission prior to parcel map approval. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of February, 1987, by the following vote, to wit: AYES : Chairman Marcus, Commissioners: McFadden, Holmes, McBane, Hall Sr Schramm. NOES : None. ABSENT : None. ABSTAIN : None. ,777. BdW CUS , Chairman NING COMMISSION 20 11 ATTEST : 21 22 @dA ,'HAEL' 3 i"i30LZMILLER f+Q? PLANNING DIRECTOR 23 24 I 25 I 26 z7 28 PC RES0 NO. 2634 -4-