HomeMy WebLinkAbout1989-10-18; Planning Commission; Resolution 2920W 9
II PLANNING COMMISSION RESOLUTION NO, 2920 1
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN NO.
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF HEMLOCK
AVENUE BETWEEN GARFIELD STREET AND THE AT&SF RAILWAY.
APPLICANT: HEMLOCK I
SDP 89-5, TO DEVELOP A FOUR UNIT CONDOMINIUM PROJECT ON
CASE NO: SDP 89-5
~ WHEREAS, a verified appl ication has been filed with tht
6 // Carl sbad and referred to the Planning Commission; and
7 11 WHEREAS, said verified application constitutes a request a!
8(( by Title 21 of the Carlsbad Municipal Code; and
9 11 WHEREAS, pursuant to the provisions of the Municipal
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Planning Commission did, on the 18th day of October, 1989, cons
request on property described as:
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The southerly 105 feet of lot 2, clock "R" of Palisades
No. 2 and the northeasterly 50 feet of the southeasterly 115 feet of lot 1 in block "R" of Palisades No. 2, in the City of Carlsbad, County of San Diego, State of California, according to the Map No. 1803, filed August 25, 1924.
WHEREAS, at said public hearing, upon hearing and consic i
I? /I testimony and arguments, if any, of all persons desiring to be ht
4 Commission considered all factors relating to SDP 89-5.
19 i NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corn1
20 the City of Carl sbad as follows:
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B) That based on the evidence presented at the public he; 22
A) That the foregoing recitations are true and correct.
Commission APPROVES SDP 89-89-5, based on the following fi
23 subject to the following conditions:
24 11 Findinqs:
25 1. As discussed in the Staff Report, the project is in complianc
26 development standards of the R-3 Zone, the Beach Area Overlay Zt
P1 anned Development Ordinance.
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2. As discussed in the Staff Report, the project is in compliance design criteria of the North Beach Study and the Planned De!
Ordinance.
3. The project is in compl i ance with the Me1 lo I1 Local Coastal Prc discussed in the Staff Report.
4. The project is consistent with the City’s General Plan since the density of 12.9 du’s/acre is below the density range of 15-23 ‘ specified for the site as indicated on the Land Use Element of th Plan, and is below the growth control point of 19.0.
5. The site is physically suitable for the type and densit4 development since the site is adequate in size and shape to ac residential development at the density proposed.
6. The Planning Commission has, by inclusion of an appropriate con this project, ensured building permits will not be issued for unless the City Engineer determines that sewer service is avail building cannot occur within the project unless sewer se
available, and building cannot occur within the project unlc service remains available, and the Planning Commission is satis the requirements of the Public Facilities Element of the General been met insofar as they apply to sewer service for this projec
7. School fees will be paid to ensure the avai 1 abil i ty of school I in the Carlsbad School District.
8. Park-in-1 ieu fees are required as a condition of approval.
9. All necessary public improvements have been provided or will bt as conditions of approval.
10. The appl icant has agreed and is required by the incl usi appropriate condition to pay a public facilities fee. Performan contract and payment of the fee will enable this body to find t facilities will be available concurrent with need as requir General P1 an.
11. The proposed project is consistent with the City’s Planned D Ordinance and also complies with the Design Guidelines Manual.
12. The proposed project is compatible with the surrounding future since surrounding properties are designated for residential d on the General Plan.
13. This project will not cause any significant environmental imp Negative Declaration has been issued by the Planning Director c
1989 and approved by the Planning Commission on October 18, approving this Negative Declaration the Planning Commission has the initial study, the staff analysis, all required mitigatic and any written comments received regarding the significant el project could have on the environment.
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Conditions: 1 1. Approval is granted for SDP 89-5, as shown on Exhi bi t(s) "A" - "I
Department. Development shall occur substanti a1 ly as show 2
otherwise noted in these conditions. 3
August 18, 1989, incorporated by reference and on file in the
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2. The developer shall provide the City with a reproducible 24" x 3 copy of the Site P1 an as approved by the Planning Commission. Plan shall reflect the conditions of approval by the City. The shall be submitted to the City Engineer prior to issuance of permits or improvement plan submittal, whichever occurs first.
3. This project is approved upon the express condition that buildir will not be issued for development of the subject property unles: Engineer determines that sewer facilities are available at th application for such sewer permits and will continue to be avail; time of occupancy. This note shall be placed on the final map.
4. This project is also approved under the express condition applicant pay the public facilities fee adopted by the City C July 28, 1987 and as amended from time to time, and any develoy established by the City Council pursuant to Chapter 21.90 of th( Municipal Code or other ordinance adopted to implement a growth n system or facilities and improvement plan and to fulfill the sut agreement to pay the public facilities fee dated May 30, 1989, which is on file with the City Clerk and is incorporated reference. If the fees are not paid this application wil consistent with the General P1 an and approval for this projet void.
16 5. The applicant shall pay park-in-lieu fees to the City, pri approval of the final parcel map as required by Chapter 20.
17 Carl sbad Municipal Code.
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6. The appl icant shall provide school fees to mitigate cond overcrowding as part of building permit appl ication. These fee
based on the fee schedule in effect at the time of build' appl i cati on.
~ 7. Water shall be provided to this project pursuant to the Watl agreement between the City of Carlsbad and the Carlsbad Munic District, dated May 25, 1983.
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8. This project shall comply with all conditions and mitigation I the Zone 1 Local Facilities Management Plan approved by the Ci on September 1, 1988, incorporated herein and on file in th Department and any future amendments to the Plan made pri issuance of building permits.
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9. If any condition for construction of any public improver facilities, or the payment of any fees in lieu thereof, imposec approval or imposed by 1 aw on this project are challenged this shall be suspended as provided in Government Code Section 6591
any such condition is determined to be invalid this approval invalid unless the City Council determines that the project wii condition complies with all requirements of law.
10. Approval of this request shall not excuse compliance with all se the Zoning Ordinance and a1 1 other appl icable City ordinances at time of building permit issuance.
11. Approval of SDP 89-5 is granted subject to the approval of CP 808.
8 12. The applicant shall establish a homeowner's association and corr covenants, conditions and restrictions. Said CC&R's shall be
9 to and approved by the P1 anning Director prior to final map apr
10 13. All roof appurtenances, including air conditioners, architecturally integrated and concealed from view and the sounc
11 from adjacent properties and streets, pursuant to Building I
Building. 12
Policy No, 80-6, to the satisfaction of the Directors of Plz
13 14. The applicant shall prepare a detailed landscape and irrigation
issuance of grading or building permits, whichever occurs firs. 14
shall be submitted to and approved by the P1 anning Director pr'
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15. All landscaped areas shall be maintained in a healthy an( condition, free from weeds, trash, and debris.
16. The developer shall install street trees at the equivalent 1 intervals along all pub1 ic street frontages in conformance wi Carlsbad standards. The trees shall be of a variety selectel approved Street Tree List.
19 1 17. This project is approved subject to the condition that the parki is landscaped. The proposed trellis landscaping shall be incll
20 detailed landscape and irrigation plan and subject to Plannir
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review prior to the issuance of a grading or building permit,
22 18. Building identification and/or addresses shall be placed on 2
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background col or. road; color of identification and/or addresses shall contras 23
existing buildings so as to be plainly visible from the streei
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A condition so stating this shall be placed in the CC&R's for t 26
the minimum time increment for such rental shall be not less th homeownership purposes. If any of the units in the project : 25
19. This project is being approved as a condominium permit for 1
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20, As part of the plans submitted for building permit plan ct. appl i cant shall include a reduced version of the resol ution/resol uti ons on a 24" x 36" bl uel ine drawing.
21. Prior to issuance of a grading or building permit, whichever CON a soils report shall be prepared and submitted to the City of If the soils report indicates the presence of potential fossi material then a standard two phased program, on file in the Department, shall be undertaken to avoid possible significant il paleontological resources under the direction of the Planning De
6 22. Prior to the recordation of the final parcel map and the issuan condominium permit, the project applicant shall receive a
conformance with the City approval. 7 Development Permit that approves development that is in su
8 23. The project applicant shall be required to submit a fencing p
9 provides for each of the four dwell ing units, exclusive use ri
portions of the sideyard and rearyard setback areas. This fen
10 shalJ require review and approval by the Planning Director.
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Enqineerinq:
23. The SDP 89-5 is subject to all conditions of approval of MS-8(
89-7 which are incorporated herein by reference.
24. The developer shall install sidewalks along all public streets the project in conformance with City of Carl sbad Standards occupancy of any buildings.
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Carlsbad MuniciDal Conditions: 17
of approval of the secured improvement agreement. 16
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25. Improvements listed above shall be constructed within twelve (1,
18 26. Prior to the issuance of building permits, the entire wate
improvement plans must be evaluated in detail to ensure that capacity for domestic 1 andscaping, and fire flow demands are i 19 1 l and resolved. 20
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27. Prior to the issuance of building permits, the applicant's engin1 be required to schedule a meeting with the District's Engineer City Fire Marshal in order to review minimal requirements for domestic water flows. The applicant shall be responsible for p8 costs associated with providing said water service.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 18t'
October, 1989, by the following vote, to wit:
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3 AYES : Chairman Hall, Commissioners: Schlehuber, Schram
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ABSTAIN: None. 7
ABSENT: None e 6
NOES: None. 5
McFadden, Holmes & Marcus.
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MATTHEW HALL, Chairman CARLSBAD PLANNING COMMISSION
11 11 ATTEST:
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14 11 PLANNING DIRECTOR
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