HomeMy WebLinkAbout1989-06-21; Planning Commission; Resolution 2873l, ll 0 0
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PLANNING COMMISSION RESOLUTION NO. 2873
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSI CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN NO. SDP 89-1, DEVELOP A TWO-UNIT APARTMENT PROJECT ON PROPERTY GENERALLY LOCI
ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN CHERRY AND JUN:
AVENUES. APPLICANT: BABCOCK APARTMENTS
CASE NO: SDP 89-1
WHEREAS, a verified application has been filed with the City
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, t
'Commission did, on the 21st day of June, 1989, consider said request
~ I 1 descri bed as :
Lot "O", Block 2
"0" of Block 2
County of San D
1777, filed in
32, Map 8695 Carl sbad Tract No. 77-4 (CONDM) . of Palisades Heights, in the City of Carls
i ego, State of Cal ifornia as per Map thereof
the office of the County Recorder of San D
January 11, 1924.
WHEREAS, at said public hearing, upon hearing and consi
testimony and arguments, if any, of all persons desiring to be I
Commission considered all factors relating to SDP 89-1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 anning Commi s
19 I City of Carlsbad as follows:
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21 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, thc 22 APPROVES SDP 89-1 , based on the following findings and sub,
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24 1. As discussed in the Staff Report, the project is in complian
25 development standards of the R-3 and the Beach Area Overlay Z(
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27 driveway access from Carl sbad Boul evard.
following conditions:
Findinqs:
design guidelines of the North Beach Study Area.
2. As discussed in the Staff Report, the project provides an
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3. The project is in compliance with the Mello I1 Local Coastal
1 discussed in the Staff Report.
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4. The project is consistent with the City's General Plan since t density of 12.9 du's/acre is within the density range of 15-2
specified for the site as indicated on the Land Use Element of P1 an, and is at or bel ow the growth control point of 19.
5. The site is physically suitable for the type and densi
development since the site is adequate in size and shape to residential development at the density proposed.
6. The Planning Commission has, by inclusion of an appropriate c
this project, ensured building permits will not be issued for unless the City Engineer determines that sewer service is ava building cannot occur within the project,:unless sewer serv available, and the Planning Commission is satisfied that the r of the Pub1 ic Facil i ties Element of the General Plan have been as they apply to sewer service for this project.
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7. School fees will be paid to ensure the avail abil ity of school in the Carlsbad School District.
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9. All necessary public improvements have been provided or will 13
8. Park-in-lieu fees are required as a condition of approval.
as conditions of approval.
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10. The appl icant has agreed and is required by the incl us appropriate condition to pay a public facilities fee. Perform; contract and payment of the fee will enable this body to find facilities will be available concurrent with need as requi General P1 an.
11. Assurances have been given that adequate sewer for the projl provided by the City of Carlsbad.
12. The proposed project is compatible with the surrounding futur since surrounding properties are designated for residential on the General P1 an.
13. This project will not cause any significant environmental imi Notice of Exemption has been issued by the P1 anning Director 1989 and approved by the Planning Commission on June 21, 1989
14. The appl icant is by condition, required to pay any increasc facility fee, or new construction tax, or development fees, anc to abide by any additional requirements established by a Local Management Plan prepared pursuant to Chapter 21.90 of tt Municipal Code. This will ensure continued availability facilities and will mitigate any cumulative impacts crea
project.
PC RES0 NO. 2873 -2-
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1 15. This project is consistent with the City's Growth Management 01
it has been conditioned to comply with any requirement appro\
2 of the Local Facilities Management Plan for Zone 1.
3 Conditions:
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1. Approval is granted for SDP 89-1, as shown on Exhi bits "A" - May 23, 1989, incorporated by reference and on file in tb Department. Development shall occur substantially as sh otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24" scale mylar copy of the site plan as approved by the Planning The site plan shall reflect the conditions of approval by the plan copy shall be submitted to the City Engineer prior to building permits or improvement plan submittal, whichever occ
3. This project is approved upon the express condition that build will not be issued for development of the subject property unle Engineer determines that sewer facilities are available at 1 appl i cation for such sewer permits and will continue to be avai time of occupancy. This note shall be placed on the final ma
4. This project is a1 so approved under the express condi tiol applicant pay the public facilities fee adopted by the City July 28, 1987 and as amended from time to time, and any devel established by the City Council pursuant to Chapter 21.90 of t Municipal Code or other ordinance adopted to implement a growth system or facilities and improvement plan and to fulfill the s agreement to pay the public facilities fee dated January 17, 1 of which is on file with the City Clerk and is incorporat reference. If the fees are not paid this application w consistent with the General Plan and approval for this projc void.
5. The applicant shall pay park-in-lieu fees to the City, pr approval of the final map as required by Chapter 20.44 of t Municipal Code.
6. The applicant shall provide school fees to mitigate cor overcrowding as part of building permit application. These fe based on the fee schedule in effect at the time of builc application.
23 7. Water shall be provided to this project pursuant to the Wa
dated May 25, 1983. 24
agreement between the City of Carlsbad and the Costa Real Wate
on September 1, 1988, incorporated herein and on file in t 26
the Zone 1 Local Facilities Management Plan approved by the C 8. This project shall comply with all conditions and mitigation 25
27 PC RES0 NO. 2873 II -3-
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Department and any future amendments to the Plan made pr- issuance of building permits.
9. If any condition for construction of any public improl facilities, or the payment of any fees in lieu thereof, impo! approval or imposed by law on this project are challenged th. shall be suspended as provided in Government Code Section 65913 such condition is determined to be invalid this approval shall unless the City Council determines that the project without th complies with all requirements of law.
6 10. Approval of this request shall not excuse compliance with all the Zoning Ordinance and all other applicable City ordinance:
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11. All roof appurtenances, including air conditioners, 8
at time of building permit issuance.
architecturally integrated and concealed from view and the sou
Policy No. 80-6, to the satisfaction of the Directors of P' 9 from adjacent properties and streets, pursuant to Building
10 Building.
11 12. The appl icant shall prepare a detai 1 ed 1 andscape and irrigatior shall be submitted to and approved by the Planning Director p
12 issuance of grading or building permits, whichever occurs fir
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13. All landscaped areas shall be maintained in a healthy ar condition, free from weeds, trash, and debris.
14. The developer shall install street trees at the equivalent
intervals a1 ong a1 1 pub1 ic street frontages in conformance w Carl sbad standards. The trees shall be of a variety selectc approved Street Tree List.
17 15. Building identification and/or addresses shall be placed on
road; color of identification and/or addresses shall contra: 18
existing buildings so as to be plainly visible from the stree
background col or.
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20 appl icant shall include a reduced version of the 16. As part of the plans submitted for building permit plan
resol uti on/resol uti ons on a 24" x 36" bl uel ine drawing .
17. Prior to issuance of a grading or building permit, whichever c
If the soils report indicates the presence of potenti a1 fos
23 material then a standard two phased program, on file in t Department, shall be undertaken to avoid possible significant
24 paleontological resources under the direction of the Planning
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22 a soils report shall be prepared and submitted to the City o
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PC RES0 NO. 2873 -4- 27
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Enqi neeri nq:
18. Prior to hauling dirt or construction materials to any construction site within this project the developer shall subn receive approval from the City Engineer for the proposed haul rl developer shall comply with all conditions and requirements Engineer may impose with regards to the hauling operation.
19, The developer shall comply with all the rules, regulations i requirements of the respective sewer and water agencies regardin
to the project.
20. The developer shall be responsible for coordination with S.D.G.&E Telephone, and Cable TV authorities.
8 21. The developer shall enter into an agreement to pay fees for unde all existing utility lines along the boundary of this projecl
9 Building Permit issuance.
10 22. Prior to issuance of Building Permit, the developer shall ma deposit to the City, Said deposit is to cover the cost of co
Boulevard. The deposit amount shall be based on construction 11
submitted by the developer and approved by the City Engineer. 12
a standard half width raised median along the project frontage o
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23. Prior to the issuance of Building Permits, the entire water syst 14
Carl sbad Municipal Water District:
water system layout prior to the water system improvement plan 17
Engineer and the City of Carlsbad’s Fire Marshal to review the p 24. The developer’s Engineer shall schedule a meeting with the Wate 16
domestic landscaping and fire flow exists. 15
project shall be evaluated in detail to ensure that adequate ca
major facility charge which will be collected at the time of i 25. The developer shall be responsible for all fees and deposit: 18
19 Building Permits,
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27 C RES0 NO. 2873 ip -5-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of th
Commission of the City of Carlsbad, California, held on the 21st dz
1989, by the following vote, to wit:
AYES: Chairman Hall, Commissioners: Schlehuber, B!
McFadden, Schramm, Holmes & Erwin.
NOES: None.
ABSENT : None .
ABSTAIN: None.
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ATTEST:
MATTHEW HALL, Chairman
CARLSBAD PLANNING COMMISSION
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6-1 *, t: c; %
14 MICHAEL J. HOTZFIILLEFV 11 PLANNING DIRECTOR
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27 PC RES0 NO. 2873 -6-
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