HomeMy WebLinkAbout1989-11-01; Planning Commission; Resolution 2923I e e
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PLANNING COMMISSION RESOLUTION NO. 2923
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN
SIDE OF HEMLOCK AVENUE BETWEEN GARFIELD STREET AND THE AT&SF RAILWAY. APPLICANT: HEMLOCK I1
NO. SDP 89-4 ON PROPERTY GENERALLY LOCATED ON THE NORTH
CASE NO: SDP 89-4
WHEREAS, a verified appl ication has been filed with th,
Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request a:
by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, pursuant to the provisions of the Municipal
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Planning Commission did, on the 1st day of November, 1989, consider sai
~ on property described as:
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l7 the City of Carlsbad as follows:
Map No. 9663, Block M, Tract 1767 Lot 17P, Pal i sades.
WHEREAS, at said public hearing, upon hearing and consid
testimony and arguments, if any, of all persons desiring to be he:
Commission considered all factors relating to SDP 89-4.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Comm
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cc
APPROVES SDP 89-4, based on the following findings and subjec
following conditions:
Findinqs:
1. As discussed in the Staff Report, the project is in compliance
development standards of the R-3 Zone, the Beach Area Overlay Zonc P1 anned Development Ordinance.
2. As discussed in the Staff Report, the project is in compliance
design criteria of the North Beach Study and the Planned Del
Ord i nance .
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3. The project is in compl i ance with the Me1 1 o I1 Local Coastal I discussed in the Staff Report.
4. The project is consistent with the City’s General P1 an since thc density of 11.5 du’s/acre is within the density range of 15-23 specified for the site as indicated on the Land Use Element of tl Plan, and is at or 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 cor this project, ensured building permits will not be issued for tt 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 ret of the Public Facilities Element of the General Plan have been mc as they apply to sewer service for this project.
7. School fees will be paid to ensure the avail 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 be as conditions of approval.
10. The applicant has agreed and is required by the inclusic appropriate condition to pay a public facilities fee. Performanl contract and payment of the fee will enable this body to find tt facilities will be available concurrent with need as requirt General P1 an.
11. The proposed project is consistent with the City’s P1 anned 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 de on the General P1 an.
13. This project is categorically exempt from Environmental Review t is a multi-family project, less than four units, and located urban area (Section 15303(b), CEQA).
14. The applicant is by condition, required to pay any increase facility fee, or new construction tax, or development fees, and t to abide by any additional requirements established by a Local F Management Plan prepared pursuant to Chapter 21.90 of the Municipal Code. This will ensure continued availabil ity c facilities and will mitigate any cumulative impacts createc project.
PC RES0 NO. 2923 -2-
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1 15. This project is consistent with the City's Growth Management Orl it has been conditioned to comply with any requirement approvc
2 of the Local Facilities Management Plan for Zone 1.
3 Conditions:
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1. Approval is granted for SDP 89-4, as shown on Exhi bit(s) "A" - August 18, 1989, incorporated by reference and on file in thl Department. development shall occur substantially as sho otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x : copy of the Site P1 an as approved by the P1 anning Commission. Plan shall reflect the conditions of approval by the City. The shall be submitted to the City Engineer prior to issuance 01 permits or improvement plan submittal, whichever occurs first.
3. This project is approved upon the express condition that buildi, will not be issued for development of the subject property unl es Engineer determines that sewer facilities are available at tt 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 a1 so 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 develo establ ished by the City Council pursuant to Chapter 21 -90 of tht 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 projec void.
5. The applicant shall pay park-in-lieu fees to the City, pric approval of the final parcel map as required by Chapter 20. Carl sbad Municipal Code.
20 6. The applicant shall provide school fees to mitigate cond
21 overcrowding as part of building permit application. These fee
appl i cati on. 22
based on the fee schedule in effect at the time of buildi
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7.
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The applicant shall provide school fees to mitigate cond- overcrowding as part of building permit application. These fee: based on the fee schedule in effect at the time of buildi application.
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District, dated May 25, 1983. 2
8. Water shall be provided to this project pursuant to the Wate
9. This project shall comply with all conditions and mitigation rt 3 the Zone 1 Local Facilities Management Plan approved by the Cit
4 on September 1, 1988, incorporated herein and on file in the Department and any future amendments to the Plan made prio
5 issuance of building permits.
agreement between the City of Carlsbad and the Carlsbad Munici
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10. 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 65913. such condition is determined to be inval id this approval shall t unless the City Council determines that the project without the complies with all requirements of law.
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at time of building permit issuance. 11
11 Approval of this request shall not excuse compl iance with all se
the Zoning Ordinance and a1 1 other appl icable City ordinances
12 12. Approval of SDP 89-4 is granted subject to the approval of CP
807.
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13. The applicant shall establish a homeowner’s association and corr covenants, conditions and restrictions. Said CC&R’s shall be sut and approved by the Planning Director prior to final parcel map
14. A1 1 roof appurtenances, including air conditioners, s architecturally integrated and concealed from view and the sound from adjacent properties and streets, in substance as provided in Department Policy No. 80-6, to the satisfaction of the Dirt Planning and Building.
15. The applicant shall prepare a detailed landscape and irrigation p
issuance of grading or building permits, whichever occurs first shall be submitted to and approved by the Planning Director pri
20 16. All landscaped areas shall be maintained in a heal thy and
21 condition, free from weeds, trash, and debris.
22 17. The developer shall install street trees at the equivalent 01
existing buildings so as to be plainly visible from the street i 25
18. Building identification and/or addresses shall be placed on al‘ 24
approved Street Tree List. Carlsbad standards. The trees shall be of a variety selected 23
intervals a1 ong a1 1 pub1 ic street frontages in conformance witt
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background col or. 26
road; color of identification and/or addresses shall contrast
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19. This project is being approved as a condomini um permit for re home ownership purposes. If any of the units in the project av the minimum time increment for such rental shall be not less thal A condition so stating this shall be placed in the CC&R's for tht
20. As part of the plans submitted for building permit plan cl applicant shall include a reduce version of the resolution/resolutions on a 24" x 36" blue1 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 soi 1 s 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 Planning C
22. Prior to the recordation of the final parcel map and the issuan condominium permit, the project applicant shall receive a Development Permit that approves development that is in su conformance with the City approval.
23. This approval shall become null and void if building permit! issued for this project within one year from the date of issu Coastal Development Permit .
~ i Ensi neeri nq:
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15 which are incorporated herein by reference.
16 Carlsbad Municipal Conditions:
24. SDP 89-4 is subject to all conditions of approval of MS-807 and
17 25. Prior to the issuance of building permits, the entire watt improvement plans must be evaluated in detail to ensure that capacity for domestic 1 andscaping, and fire flow demands are addr resol ved. 18
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26. Prior to the issuance of building permits, the applicant's engin be required to schedule a meeting with the District's Engineer City Fire Marshal and to comply with their requirements for domestic water flows. The applicant shall be responsible for p8
costs associated with providing said water service.
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PC RES0 NO. 2923 -5-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of thc
Commission of the City of Carlsbad, California, held on the 1st day of
i 1989, by the following vote, to wit:
AYES : Chairman Hall, Commissioners: Schlehuber,
Erwin, McFadden, Holmes & Marcus.
NOES : None.
ABSENT : None.
ABSTAIN: None.
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CARLSBAD PLA~NING COMMISSION
ATTEST:
PLANNING DIRECTOR
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