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HomeMy WebLinkAbout1987-09-16; Planning Commission; Resolution 2679-. 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 21 24 23 (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: 26 27 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 28 ///I .. 1 2 3 4 5 6 7 a 9 10: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I ~ , I , 0 0 I 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. Y 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 PC RES0 NO. 2679 -2- 0 0 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 1 20 21 22 23 24 25 26 27 28 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 1 PC RES0 NO. 2679 -3- ~ .. e 0 1 2 3 4 5 6 7 a 9 10: I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 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. //I/ ///I PC RES0 NO. 2679 - .4- 1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ! 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 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. D 5 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. PC RES0 NO. 2679 -5- II e e I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 , 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. f 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: a I D 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. PC RES0 NO. 2679 -6 - I 1 2 3 4 5 6 7 8 9 10: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 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. PC RES0 NO. 2679 -7- - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 25 24 23 ~ 27 26 28 e e 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 ~ ~ I ~ ~ PC RES0 NO. 2679 -8- ~