HomeMy WebLinkAbout1987-09-16; Planning Commission; Resolution 2679-. 0 0
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PLANNING COMMISSION RESOLUTION NO. 2679 .~ ~~
A RESOLUTION OF THE PLANNING COMMISSION OF. THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
HOTEL ON PROPERTY GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF PI0 PIC0 DRIVE AND MAGNOLIA
AVENUE.
APPLICANT: TENG SHU LIN
CASE NO: SDP 87-4
DEVELOPMENT PLAN NO. 87-4, TO ALLOW A 48 UNIT
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 16th day of September, 1987,
consider said request on property described as:
That portion of Tract No. 236 of "Thum Lands", according
to Map No. 168 in the City of Carlsbad, County of San
Diego.
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be l81l heard, said Commission considered all factors relating to Site I l9 1 Development Plan No. 87-4.
2o I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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(A9 That the foregoing recitations .are true and correct. 22
Commission of the City of Carlsbad as follows:
(B) That based on the evidence presented at the public hearing,
the Commission APPROVES SDP 87-4, based on the following
findings and subject to the following conditions:
25 11 Findings:
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1. The site development plan will promote orderly, attractive,
and harmonious development and promote the general welfare by providing service occupations and a place to stay for
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commercial travelers and tourists. The structure will
provide noise attenuation from the interstate highway for the
adjoining residential area without significantly impairing
solar access or the on-shore breeze.
2. The site development plan is consistent with the RCjO General
Plan designation and meets the development standards of the
CT Zone.
3. The project is consistent with all City public facility
policies 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 Cit
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) School fees will be paid to ensure the availability of
school facilities in the Carlsbad School District.
c) 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.
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4. This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the
Planning Director on July 10, 1987 and approved by the
Planning Commission on September 2, 1987.
5. 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.
6. he applicant is by condition, required to pay any increase in
public facility fee, or new construction tax, or development
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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.
7. This project is consistent with the City's Growth Management
Ordinance as it has been conditioned to comply with any
requirements approved as part of the Local Facilities
Management Plan for Zone 1. I 8. The street system serving the proposed use is adequate
to handle all traffic generated by the oroposed use as
reviewed by both the Barton-Aschman Traffic Study and the
Zone 1 Local Facilities Plan Circulation Study.
9. All of the yards, setbacks, walls, fences, landscaping,
and other features necessary to adjust the requested use to
existing or permitted future uses in the neighborhood will be
provided and maintained since the building is setback from
the nearest residence's property line by over 75 feet.
Specimen palm trees will augment the proposed land'scaping
along with a six-foot split face block wall to help ensure
the necessary buffer.
IO. The requested use is properly related to the site,
surroundings, and environmental setting; since the building
location faces the interstate freeway it will serve, the
design of the structure is more residential than commercial,
and the specimen trees onsite will be preserved.
Conditions:
1. Approval is granted for SDP 87-4, as shown on Exhibits ''A'' -
"G", dated 3uly IO, 1987, 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
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. This project is also approved under the express condition that
the applicant pay the public facilities fee adopted by the
City Council on July 28, 1987, 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 owner's agreement to pay the public facilities fee dated July 10, 1987, and the
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agreement to pay the Growth Management Fee dated July IO,
1987, 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.
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 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. This project shall comply with all conditions and mitigation
required by the Zone 1 Local Facilities Management Plan dated
July 15, 1987 and on file in the Planning Department, and any
future amendment to that plan made prior to the issuance of
building permits.
Planning:
8. The applicant shall prepare a 24" x 36'l 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. I
9. 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 grading or building
permits, whichever occurs first. The landscape plan shall
show specimen evergreen trees with full foilage separating
this property with the single family residence to the east.
IO. All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
1.1. 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. A uniform sign program for this development shall be submitted
to the Planning Director for his review and approval prior to
occupancy of any building.
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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 Directors of Planning and Building.
A masonry trash enclosure meeting City Standards and matching
the architecture of the building shall be located onsite to
the satisfaction of the Planning Director.
The motel parking lot shall be fully lighted at night.
Lights shall be attractive and located so as not to shed
light on surrounding properties to the satisfaction of the
Planning Director.
Prior to issuance of a building permit, additional
architectural details shall be provided to break up the
length of the rooflines to the satisfaction of the Planning
Director.
Building identification and/or addresses shall be placed on
all new an r existing buildings so as to be plainly visible
from the street or access road; color of identification and/o::
addresses shall contrast to their background color.
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 ar
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 unles
the City Council determines that the project without the
condition complies with all requirements of law.
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All h.ote1 rooms shall be designed and rented as single units.
At a minimum, the redesign shall eliminate the possibility of
the three, two-bedroom suites being rented separately. Said
redesign shall be to the satisfaction of the Planning
Director prior to the issuance of any building permits.
At least four large Palm Trees or other evergreen trees as
approved by the Planning Director shall be planted on the
east side of the building so as to block any views of
adjacent residential uses from the third floor.
The third floor windows on the east side of the building
shall not have clear glass. The win nws shall be of
materials satisfactory to the Planning Director.
A Coastal Permit is required prior to the issuance of a
building permit.
All compact parking spaces shall be marked "COMPACT" on the
stalls and be delineated by pole signs.
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24. The wall separating the motel with the single family
residence shall be decorative block and seven (7) feet in
height as approved by the Planning Director. The wall shall
be constructed prior to the building.
Engineering:
25. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
26. 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 c'v'l
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 Cit
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
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27. A separate grading plan shall be submitted and approved and a
separate grading permit issued for the borrow or disposal sit
if located within the city limits.
28. All slopes within this project shall be no steeper than 2:l. I
29. 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.
30. Additional drainage easements and drainage structures shall b
provided or installed as may be required by the City
Engineer. I
31. The developer shall obtain the City Engineer's approval of th
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 maintenanc
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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1) Concrete sidewalk along the project frontage on Pi0 Pic0
Street.
2) One-half width street improvements on Magnolia Avenue
along the project frontage.
3) Wheelchair ramps on the north and south side of Magnolia
Avenue at Pi0 Pic0 Street.
4) Street improvements fronting the project on Pi0 Pic0 Street that are damaged or otherwise unacceptable.
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32. Prior to the issuance of building permits, the developer
shall execute a lot line consolidation for lots 30 and 39 for
approval by the City Engineer.
33. The six-foot high block wall west of parking space number 34
is specifically not approved. The wall height shall not
exceed 30 inches.
Building:
34. Prior to occupancy, County Health approval is required.
35. Pool fencing is to meet adopted standards.
36. Pool backwash to be into approved receptor into sewer system.
Fire:
37. Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
38. Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
39. All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site.
40. Fire retardant roofs shall be required on all structures.
41. All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval
prior to construction.
42. All roof-top appurtenances shall be architecturally integrated
into the design of the building and shielding to prevent nois:
and visual impacts, subject to Fire Department approval before
issuance of permit.
43. Building exceeding 10,000 sq.ft. aggregate floor area shall b%
sprinklered or have four-hour fire walls with no openings
therein which shall split the building into 10,000 sq.ft. (or
less) areas.
44. Automatic sprinkler systems are required throughout the
building.
Costa Real Municipal Water District:
45. The entire water system for subject property is to be
evaluated in detail to ensure adequate capacity for domestic,
landscaping, and fire flow demands.
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46. The developer and his engineer shall meet with the District Engineer and establish a water system layout prior to the
water system improvement plans being drawn.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 16th day of September, 1987, by the following vote, to
wit:
AYES: Chairman Marcus, Commissioners Hall, Schramm,
McBane, and McFadden.
NOES: Commissioner Holmes.
ABSENT: Commissioner Schlehuber.
ABSTAIN: None.
ATTEST:
PLANNING DIRECTOR
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