HomeMy WebLinkAbout1989-10-18; Planning Commission; Resolution 29211
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PLANNING COMMISSION RESOLUTION NO. 2921
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSB CALIFORNIA, RECOMMENDING APPROVAL OF A CONDOMINIUM PERMIT DEVELOP A FOUR UNIT CONDOMINIUM PROJECT ON PROPERTY GENERA LOCATED ON THE NORTH SIDE OF HEMLOCK AVENUE BETWEEN GARFIELD STR AND THE AT&SF RAILWAY. APPLICANT: HEMLOCK I CASE NO.: CP 89-7
WHEREAS, a verified appl ication for certain property to wit:
The southerly 105 feet of lot 2, block "R" of Palisades No. 2
the northeasterly 50 feet of the southeasterly 115 feet of lo in block "R" of Palisades no. 2, in the City of Carlsbad, Cou
of San Diego, State of California, according to Map No. 1803, fi
August 25, 1924
has been filed with the City of Carl sbad and referred to the
Commission; and
WHEREAS, said verified application constitutes a request as pr
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of Uctot;
hold a duly noticed pub1 ic hearing as prescribed by law to cons
request; and
WHEREAS, at said public hearing, upon hearing and considc
testimony and arguments, if any, of all persons desiring to be he
Commission considered all factors relating to the Condominium Permil
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 anning Comm
fol 1 ows :
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public heal Commission recommends APPROVAL of CP 89-7, based on the findings and subject to the following conditions:
Findinqs:
1. As discussed in the Staff Report, the project is in compliancc development standards of the R-3 Zone, the Beach Area OverlaJ the Planned 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 iance with the Me11 o I1 Local Coastal Pr 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 Elemen General Plan, and is below the growth control point of 19.0.
5. The site is physically suitable for the type and densit: 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 tl unless the City Engineer determines that sewer service is avail building cannot occur within the project unless sewer servic available, and the Planning Commission is satisfied that the req
insofar as they apply to sewer service for this project.
7. School fees wi 11 be paid to ensure the avail abil i ty of school f
of the Pub1 ic Facilities Element of the General Plan have
in the Carlsbad School District.
8. Park-in-lieu fees are required as a condition of approval.
9. All necessary public improvements have been provided or will be 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. Perfo that contract and payment of the fee will enable this body to public facilities will be available concurrent with need as re the General Plan.
11. The proposed project is consistent with the City’s Planned DE
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 dc on the General P1 an.
13. This project will not cause any significant environmental impi Negative Declaration has been issued by the Planning Director o 1989 and approved by the Planning Commission on October 18, approving this Negative Declaration the Planning Commis considered the initial study, the staff analysis, all required 1 measures and any written comments received regarding the s- effects this project could have on the environment.
PC RES0 NO. 2921 -2-
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14. The applicant is by condition, required to pay any increase . facility fee, or new construction tax, or development fees, agreed to abide by any additional requirements established bj
Facil i ties Management P1 an prepared pursuant to Chapter 21 .S Carlsbad Municipal Code. This will ensure continued availal public facilities and will mitigate any cumulative impacts creat project.
15. This project is consistent with the City's Growth Management as it has been conditioned to comply with any requirement ap part of the Local Facilities Management Plan for Zone 1.
Conditions:
1. Approval is granted for CP 89-7, as shown on Exhi bit(s) "A" - I' August 18, 1989, incorporated by reference and on file in the Department. Development shall occur substanti a1 ly as shoc otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x : copy of the Site Plan 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 u City Engineer determines that sewer facilities are available a'
until time of occupancy. This note shall be placed on the fil
4. This project is also approved under the express condition applicant pay the public facilities fee adopted by the City ( July 28, 1987 and as amended from time to time, and any develol established by the City Council pursuant to Chapter 21.90 of thl Municipal Code or other ordinance adopted to implement management system or facilities and improvement plan and to fl subdivider's agreement to pay the public facilities fee date 1989, a copy of which is on file with the City Clerk and is inc by this reference. If the fees are not paid this applicatior be consistent with the General Plan and approval for this prc be void.
of application for such sewer permits and will continue to be
5. The applicant shall pay park-in-lieu fees to the City, pri approval of the final map as required by Chapter 20.44 of thc
Municipal Code.
6. The applicant shall provide school fees to mitigate cond overcrowding as part of building permit application. These be based on the fee schedule in effect at the time of build appl i cati on.
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7. Water shall be provided to this project pursuant to the Watel agreement between the City of Carlsbad and the Carl sbad Munici’ District, dated May 25, 1983.
8, This project shall comply with all conditions and mitigation re the Zone 1 Local Facilities Management Plan approved by the Cit on September 1, 1988, incorporated herein and on file in the Department and any future amendments to the Plan made prio issuance of building permits.
9. If any condition for construction of any public improve facilities, or the payment of any fees in lieu thereof, impose approval or imposed by law on this project are challenged this shall be suspended as provided in Government Code Section 659 any such condition is determined to be invalid this approval invalid unless the City Council determines that the project wi condition complies with all requirements of law.
10. Approval of this request shall not excuse compliance with all of the Zoning Ordinance and all other applicable City ordi effect at time of building permit issuance.
11. Approval of CP 89-7 is granted subject to the approval of SDF 808.
12. The applicant shall establish a homeowner’s association and cor1 covenants, conditions and restrictions. Said CC&R’s shall be to and approved by the Planning Director prior to final map a1
13. A1 1 roof appurtenances, including air conditioners, architecturally integrated and concealed from view and the sounc from adjacent properties and streets, pursuant to Building [ Policy No. 80-6, to the satisfaction of the Directors of Plc Bui 1 ding.
14. The appl icant shall prepare a detailed 1 andscape and irrigc which shall be submitted to and approved by the Planning Direc to the issuance of grading or building permits, whichever OCCI
15, All landscaped areas shall be maintained in a healthy and
condition, free from weeds, trash, and debris.
16. The developer shall install street trees at the equivalent c intervals along all public street frontages in conformance wi Carl sbad standards. The trees shall be of a variety selectec approved Street Tree List.
17. This project is approved subject to the condition that tl trellis is landscaped. The proposed trellis landscaping included on the detailed 1 andscape and irrigation plan and
Planning Director review prior to the issuance of a grading o perrni t, whichever occurs first .
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18. Building identification and/or addresses shall be placed on a1 existing buildings so as to be plainly visible from the street road; color of identification and/or addresses shall contrast background col or.
19. This project is being approved as a condominium permit for re homeownership purposes. If any of the units in the project ar the minimum time increment for such rental shall be not les: days. A condition so stating this shall be placed in the CC&R'
project.
20. As part of the plans submitted for building permit plan c appl icant shall include a reduced version of the
resolution/resolutions on a 24" x 36" blueline 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 i paleontological resources under the direction of the P1 anning DE
22. Prior to the recordation of the final parcel map and the i ssual condominium permits, the project applicant shall receive , Development Permit that approves development that is in st conformance with this City approval.
23. The project applicant shall be required to submit a fencing F provides for each of the four dwelling units, exclusive use ri
shall require review and approval by the Planning Director. portions of the sideyard and rearyard setback areas. This fer
Enqineerinq:
24. CP 89-7 is subject to all conditions of approval of MS-808 ar
5 which are incorporated herein be reference.
25. The developer shall install sidewalks along all public street!
the project in conformance with City of Carlsbad Standards occupancy of any buildings.
26. Improvements listed above shall be constructed within twelve (: of approval of the secured improvement agreement.
Carl sbad Municipal Conditions:
27. Prior to the issuance of building permits, the entire wast
capacity for domestic 1 andscaping, and fire flow demands are and resolved.
improvement plans must be evaluated in detail to ensure thal
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28. Prior to the issuance of building permits, the applicant‘s engin be required to schedule a meeting with the District’s Enginee City Fire Marshal in order to review minimal requirements for domestic water flows. The applicant shall be responsible for p costs associated with providing said water service.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plan Commission of the City of Carlsbad, California, held on the 18th daj
October, 1989, by the following vote, to wit:
AYES: Chairman Hall, Commissioners: Schlehuber, Schramm, McFadden, Holmes and Marcus.
NOES : None.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
, PC RES0 NO. 2921 -6-