HomeMy WebLinkAbout1987-12-16; Planning Commission; Resolution 27021
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PLANNING COMMISSION RESOLUTION NO. 2702
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPRO.VING A SITE DEVELOPMENT
ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
GARFIELD ST., 60 FT. NORTH OF CHINQUAPIN AVENUE
APPLICANT: SAL GALLUCCI
CASE NO: SDP - 87-5
WHEREAS, a verified application has been filed with the
PLAN NO. 87-5 TO CONSTRUCT A TWO UNIT CONDOMINIUM
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided in Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
Code, the Planning Commission on the 18th day of November, 1987
and on the 16th day of December, 1987 considered said request on
property described as:
Lot 10 of block L of Palisades in the City of Carlsbad, County of
San Diego, State of California, according to Map 1747, Feb. 5,
1923.
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 Site
Development Plan No. 87-5.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
' A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission APPROVES SDP-87-5 based on the following
findings and subject to the following conditions:
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Findings
1) The project is consistent with the City's General Plan since
the proposed density of 14.3 du's/acre is 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 is below the
Growth Control Point of 19 du/ac.
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) School fees will be paid to ensure the availability of
school facilities in the Carlsbad Unified school
district.
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.
f) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
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PC RES0 NO. 2702 -2-
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4) The proposed project is compatible with the surrounding fu-
ture land uses since surrounding properties are designated
for residential development on the General Plan.
5) This project is categorically exempt from environmental
review, per Section 15303(b) of the California Environmental Quality Act.
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.
8) The project is consistent with the provisions of Chapter
21.90 of the Carlsbad Municipal Code and the plans adopted
pursuant of this Chapter or has signed an agreement to be
subject to such plans when they are adopted.
9) The project conforms with the RD-M and Beach Area Overlay
Zone requirements as discussed in the Staff Report.
10) The project is consistent with the policies and implementing
ordinances of the Mello I1 Local Coastal Plan.
11) This project is consistent with the City's Growth Management
Ordinance, and in accordance, it shall comply with any
requirement approved as part of the Local Facilities
. Management Plan for Zone 1.
Conditions:
1) Approval is granted for SDP 87-5, as shown on Exhibit(s) A - C, dated September 28, 1987, incorporated by reference and
on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these
conditions.
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PC RES0 NO. 2702 -3-
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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.
4) This project is also approved under the express condition
that the applicant pay the public facilities fee adopted by
the City Council on 3uly 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 subdivider's agreement to
pay the public facilities fee dated , 1987
and the agreement to pay the Growth Management Fee dated , 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.
5) The applicant shall pay park-in-lieu fees to the City, prior
to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
6) The applicant shall provide school fees to mitigate condi-
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.
7) 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.
8) 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.
9) 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 Nay 25, 1983.
10) The applicant shall prepare a 24" x 36" 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.
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I 11) 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. i ~12) 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.
13) Tall, vertical trees shall be used around the building to
soften and enhance the elevations.
14) All roof appurtenances, including air conditioners, shall be
I architecturally integrated and concealed from view and 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.
15) Approval of SPD 87-5 is granted subject to approval of
Tentative Parcel Map No. MS-749.
16) 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.
17) 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.
18) 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.
19) The project shall comply with all conditions and mitigation
, identified in the Local Facilities Management Plan for Zone 'I
and any amendments to that Plan made prior to the issuance of.
building permits.
Engineering Department:
20) 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 capacity is available at the time of application for
such permits and will continue to be available until time of
occupancy.
PC RES0 NO. 2702 -5-
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21) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
22) Since the project is regulated by the Mello I1 LCP, no grading will be allowed between October 1st and April 1st
(the rainy season).
23) 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 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.
24) No grading shall occur outside the limits of the
subdivision/project unless a letter of permission is obtained
from the owners of the affected properties.
25) 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.
26) 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 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
suitable to the City Engineer.
. through-cash deposit and bonding in amounts and types
27) The drainage for this project is specifically not approved.
Prior to approval of a grading or building permit the applicant shall submit a drainage plan and hydraulic calculations prepared by a registered civil engineer for review and approval by the City Engineer. If the applicant
is unable to obtain an easement to concentrate drainage onto
the adjacent property when the applicant must install a sump pump or retain drainage so the before and after development drainage conditions remain the same. Additional drainage easements or structures shall be provided or installed as may
be required by the City Engineer.
PC RES0 NO. 2702 -6-
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28) The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent property prior to approval of the final maplany grading or
building permit for this project.
29) 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.
30) 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:
1) half-width street improvements including curb, gutter
and sidewalk, streetlights etc. on Garfield Street along
the project frontage tog.ether with the required
transitions to join existing improvements.
2) Relocation of the existing power pole along the project
frontage on Garfield Street.
31) Improvements listed above shall be constructed within six -
months of improvement plan approval.
32) Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this
site plan.
33) The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water
agencies regarding services to the project.
34). The Subdivider shall provide separate sewer, water, gas, and
electric services with meters to each of the units.
35) 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.
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36) 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.
37) The backup distance from the garage to the driveway as noted
on the site plan is spec.ifically not approved. Minimum
clear distance shall be 24 feet.
38) Prior to the recordation of the final map the project shall
apply for and receive approval of a Coastal Development
Permit that substantially conforms with this Site
Development Plan and Minor Subdivision.
Fire Department:
39) Additional public and/or on site fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
40) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and
on site roads and drives to the Fire Marshal for approval.
PASSED, APPROVED AND ADOPT,ED at a regular meeting of
the Planning Commission of the City of Carlsbad, California,
held on the 16th day of December, 1987, by the following vote,
to wit:
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AYES : Chairperson Marcus, Commissioners: Hall,
McBane, McFadden, Holmes &i Schlehuber.
NOES: None.
ABSENT: Commissioner Schramm.
ABSTAIN: None.
~ ,777. w
CUS, Chairman
PLANNING COMMISSION
ATTEST:
MICHAEL 3. HMZMIBhER
PLANNING DIRECTOR
~ PC RES0 NO. 2702 8.
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