HomeMy WebLinkAbout1989-11-01; Planning Commission; Resolution 2924I 0 0
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PLANNING COMMISSION RESOLUTION NO. 2924
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CONDOMINIUM PERMIT TO DEVELOP A THREE UNIT CONDOMINIUM
PROJECT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HEMLOCK AVENUE BETWEEN GARFIELD STREET AND THE AT&SF RAILWAY .
APPLICANT: HEMLOCK I1 CASE NO: CP 89-6 I
6 WHEREAS, a verified appl ication for certain property to M
7 Map No. 9663, Block M, Tract 1767, Lot 17P, Palisades.
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has been filed with the City of Carl sbad and referred to the
Commission; and
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11 by Title 21 of the Carlsbad Municipal Code; and
12 WHEREAS, the P1 anning Commission did on the 1st day of
13 1989, hold a duly noticed public hearing as prescribed by law to con
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request; and
WHEREAS, at said public hearing, upon hearing and consi
16 testimony and arguments, if any, of all persons desiring to be h
WHEREAS, said verified application constitutes a request a
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Commission considered all factors relating to the Condominium Permit
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Con
19 1 the City of Carl sbad as follows:
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A) That the foregoing recitations are true and correct.
recommends APPROVAL of CP 89-6,based on the following findings i
B) That based on the evidence presented at the public hearing, the
22 to the following conditions:
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Findinqs:
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Ordinance. 27
1. As discussed in the Staff Report, the project is in compliant development standards of the R-3 Zone, the Beach Area Overlay 2 Planned Development Ordinance.
2. As discussed in the Staff Report, the project is in complianl design criteria of the North Beach Study and the Planned
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3. The project is in compliance with the Mello I1 Local Coastal I 1 discussed in the Staff Report.
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4. The project is consistent with the City's General Plan 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 COI this project, ensured building permits will not be issued for tl unless the City Engineer determines that sewer service is avai' building cannot occur within the project unless sewer servic available, and the Planning Commission is satisfied that the rec
as they apply to sewer service for this project. of the Public Facilities Element of the General Plan have been m
10 7. School fees will be paid to ensure the availabil ity of school
11 in the Carlsbad School District.
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9. All necessary public improvements have been provided or will bl 13
8. Park-in-lieu fees are required as a condition of approval.
10. The applicant has agreed and is required by the inclusi
15 appropriate condition to pay a public facilities fee. Performan contract and payment of the fee will enable this body to find t
16 facilities will be available concurrent with need as requir General P1 an.
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as conditions of approval.
11. The proposed project is consistent with the City's Planned DI
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12. The proposed project is compatible with the surrounding future 19
Ordinance and also complies with the Design Guide1 ines Manual,
since surroundi'ng properties are designated for residential dl
20 on the General P1 an.
21 13. This project is categorically exempt from Environmental Review is a multi-family project, less than four units, and located
22 urban area (Section 15303(b), CEQA).
23 14. The appl icant is by condition, required to pay any increase
PC RES0 NO. 2924 -2- 27
project . 26
facilities and will mitigate any cumulative impacts creatt Municipal Code. This will ensure continued availability 25
Management Plan prepared pursuant to Chapter 21.90 of the to abide by any additional requirements established by a Local 24
facility fee, or new construction tax, or development fees, and
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15. This project is consistent with the City’s Growth Management Or1
1 it has been conditioned to comply with any requirement approvt of the Local Facilities Management Plan for Zone 1.
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1. Approval is granted for CP 89-6, as shown on Exhibit(s) “A“ - 4
Conditions:
August 18, 1989, incorporated by reference and on file in th(
otherwise noted in these conditions. 5 Department. development shall occur substanti a1 ly as sho
6 2. The developer shall provide the City with a reproducible 24” x :
Plan shall reflect the conditions of approval by the City. The
8 shall be submitted to the City Engineer prior to issuance oi permits or improvement plan submittal, whichever occurs first.
7 copy of the Site P1 an as approved by the P1 anning Commission,
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3. This project is approved upon the express condition that buildi will not be issued for development of the subject property unles 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 also approved under the express condition applicant pay the public facilities fee adopted by the City I July 28, 1987 and as amended from time to time, and any develo established by the City Council pursuant to Chapter 21.90 of th Municipal Code or other ordinance adopted to implement a growth r system or facilities and improvement plan and to fulfill the SUI 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. Carlsbad Municipal Code.
6. 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 appl i cati on.
23 7. Glater shall be provided to this project pursuant to the Mate
District, dated May 25, 1983. 24
agreement between the City of Carl sbad and the Carlsbad Munici
25 8, This project shall comply with all conditions and mitigation rc
the Zone 1 Local Facilities Management Plan approved by the Cil
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PC RES0 NO. 2924 -3- 27
on September 1, 1988, incorporated herein and on file in the
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Department and any future amendments to the Plan made pric issuance of building permits.
9. If any condition for construction of any public improvc facilities, or the payment of any fees in lieu thereof, imposc approval or imposed by law on this project are challenged thi! 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 the complies with all requirements of law.
6 10. Approval of this request shall not excuse compl iance with a1 1 SI the Zoning Ordinance and a1 1 other appl icabl e City ordinances
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11. Approval of CP 89-6 is granted subject to the approval of SDF 807.
12. The applicant shall establish a homeowner’s association and cor1
and approved by the P1 anning Director prior to final parcel map
13. All roof appurtenances, including air conditioners, !
from adjacent properties and streets, in substance as provided ir
13 Department Policy No. 80-6, to the satisfaction of the Dir Planning and Building.
14 14. The applicant shall prepare a detailed landscape and irrigation I
15 shall be submitted to and approved by the Planning Director pri issuance of grading or building permits, whichever occurs firs1
16 15. A1 1 1 andscaped areas shall be maintained in a heal thy and
10 covenants, conditions and restrictions. Said CC&R‘s shall be SUI
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12 architecturally integrated and concealed from view and the sounc
17 condition, free from weeds, trash, and debris.
18 16. The developer shall install street trees at the equivalent o intervals along all pub1 ic street frontages in conformance wit
approved Street Tree List. 19 Carl sbad standards. The trees shall be of a variety selected
20 17. Building identification and/or addresses shall be placed on a1
road; color of identification and/or addresses shall contrast 21
background col or. 22
existing buildings so as to be plainly visible from the street
23 18. This project is being approved as a condominium permit for re
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home ownership purposes. If any of the units in the project ar
A condition so stating this shall be placed in the CC&R’s for the the minimum time increment for such rental shall be not less than
25 19. As part of the plans submitted for building permit plan ct
26 applicant shall include a reduce version of the
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resol uti on/resol uti ons on a 24" x 36" bl uel ine drawing.
20. Prior to issuance of a grading or building permit, whichever COI a soils report shall be prepared and submitted to the City of
If the soils report indicates the presence of potential foss. material then a standard two phased program, on file in thc Department, shall be undertaken to avoid possible significant paleontological resources under the direction of the Planning
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Prior to the recordation of the final parcel map and the issual condominium permit, the project applicant shall receive Development Permit that approves development that is in SI conformance with the City approval.
This project is approved subject to the condition that pri' issuance of building permits, an acoustical analysis evalual impacts from the AT & SF Railway be submitted to the Planning Di review. All recommended noise mitigation measures shall be rl be incorporated into the design of the project or individual s' Noise impacts shall be required to be mitigated to the accept; of 60 dBA CNEL five feet within the projects property line, a1
door that can be opened to the outdoors in a dwelling unit. determined that noise levels at the project site cannot be mil the above-mentioned standards, then the project will be return Planning Comnission.
above finished grade level, and immediately above the highest
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23. The project applicant shall be required to submit a fencing r provides for each of the three dwelling units, exclusive use r- portions of the side yard and rear yard setback areas. This fel shall require review and approval by the Planning Director.
Ensi neeri nq:
24. CP 89-6 is subject to all conditions of approval of MS-807 and which are incorporated herein by reference.
19 1 25. The developer shall install sidewalks along a1 1 pub1 ic streets the subdivision in conformance with City of Carlsbad Standards
final map. 20 occupancy of any buildings. A note to this effect shall be plac
21 26. Improvements listed above shall be constructed within twelve (1
22 of approval of the secured improvement agreement.
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27. Prior to the issuance of building permits, the entire watc 24
Carlsbad MuniciDal Conditions:
resol ved.
improvement plans must be evaluated in detail to ensure that
25 capacity for domestic 1 andscaping, and fire flow demands are addr
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28. Prior to the issuance of building permits, the applicant's engi
City Fire Marshal in order to review minimal requirements for
costs associated with providing said water service.
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domestic water flows. The applicant shall be responsible for I 2
be required to schedule a meeting with the District's Enginec
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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
1989, by the following vote, to wit:
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AYES : Chairman Hall, Commissioners: Schlehuber, Erwin, McFadden, Holmes & Marcus.
8 NOES; None.
9 ABSENT : None.
10 ABSTAIN: None.
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13 CARLSBAD PLANNING COMMISSION
1411 ATTEST: 15
MICHAEL JtvL4&!w&&a- J. HOLZPI'ILLERL' 16
T.
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PLANNING DIRECTOR 17
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PC RES0 NO. 2924 -6-