HomeMy WebLinkAbout1989-11-15; Planning Commission; Resolution 2940e e
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PLANNING COMMISSION RESOLUTION NO, 2940
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN
PROJECT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF GARFIELD STREET BETWEEN PINE AVENUE AND WALNUT
STREET.
APPLICANT: GARFIELD CONDOS
NO. SDP 89-13, TO DEVELOP A FOUR-UNIT CONDOMINIUM
CASE NO: SDP 89-13
WHEREAS, a verified application 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
10 WHEREAS, pursuant to the provisions of the Municipal
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request on property described as: 12
Planning Commission did, on the 15th day of November, 1989, con:
The northeasterly 88 feet of Tract 202 of Thum Land in
the City of Carlsbad, County of San Diego, State of
14 California, according to map thereof No. 1681, filed in
the office of the County Recorder of San Diego December
15 9, 1915 excepting therefrom the southeasterly 68.18 feet
thereof.
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WHEREAS, at said public hearing, upon hearing and consi
testimony and arguments, if any, of all persons desiring to be h
Commission considered all factors relating to SDP 89-13.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 anni ng Con
the City of Carl sbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the APPROVES SDP 89-13, based on the following findings and subj following conditions:
Findinqs:
1. The project is in compliance with the development standards Zone and the Beach Area Overlay Zone as examined in the staff
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2. The project is in compliance with the Mello I1 Local Coastal f discussed in the staff report.
3. The project is consistent with the City’s General Plan since thc density of 15 du’s/acre is within the density range of 15-23 specified for the site as indicated on the Land Use Element of tl P1 an, and is at or bel ow the growth control point of 19.
4. The site is physically suitable for the type and densi t development since the site is adequate in size and shape to ac residential development at the density proposed.
5. The Planning Commission has, by inclusion of an appropriate co
this project, ensured building permits will not be issued for t 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 re of the Pub1 ic Faci 1 i ties Element of the General P1 an have been N as they apply to sewer service for this project.
6. School fees will be paid to ensure the availability of school in the Carl sbad School District.
7. Park-in-lieu fees are required as a condition of approval.
8. All necessary public improvements have been provided or will I: as conditions of approval .
9, The appl icant has agreed and is required by the incl us
appropriate condition to pay a public facilities fee. Performa contract and payment of the fee will enable this body to find I facilities will be available concurrent with need as requis General P1 an.
10. The proposed project is consistent with the City’s Planned [ Ordinance and also complies with the Design Guidelines Manual,
11. The proposed project is compatible with the surrounding futurt since surrounding properties are designated for residential ( on the General P1 an.
12. This project will not cause any significant environmental imy Negative Declaration has been issued by the Planning Director o 13, 1989 and approved by the P1 anning Commission on Novembel In approving this Negative Declaration the Planning Comrr considered the initial study, the staff analysis, all required measures and any written comments received regarding the
effects this project could have on the environment.
13. The appl icant is by condition, required to pay any increasf facility fee, or new construction tax, or development fees, an(
PC RES0 NO. 2940 -2-
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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 availability ( facilities and will mitigate any cumulative impacts create project.
3 14. This project is consistent with the City's Growth Management Orc
4 it has been conditioned to comply with any requirement approve of the Local Facilities Management Plan for Zone 1.
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Conditions
1. Approval is granted for SDP 89-13, as shown on Exhibits "A" - '
Department. Development shall occur substant i a1 ly as sho 7
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November 15, 1989, incorporated by reference and on file in thc
otherwise noted in these conditions.
g 2. The developer shall provide the City with a reproducible 24" x copy of the site plan as approved by the P1 anning Commission.
shall be submitted to the City Engineer prior to issuance 01 10
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plan shall reflect the conditions of approval by the City. The
permits or improvement plan submittal, whichever occurs first.
12 3. This project is approved upon the express condition that buildi
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will not be issued for development of the subject property unl es
time of occupancy. 14
appl i cation for such sewer permits and wi 11 continue to be avai 1 Engineer determines that sewer facilities are available at tC
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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 established by the City Council pursuant to Chapter 21.90 of tt- Municipal Code or other ordinance adopted to implement a growth system or facilities and improvement plan and to fulfill the SL agreement to pay the public facilities fee dated May 25, 1989, which is on file with the City Clerk and is incorporate reference. If the fees are not paid this application wi consistent with the General Plan and approval for this proje void.
21 5. The applicant shall pay park-in-lieu fees to the City, pri approval of the final parcel map as required by Chapter 20
22 Carlsbad Municipal Code.
23 6. The applicant shall provide school fees to mitigate con
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overcrowding as part of building permit application. These fe
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appl i cat i on. based on the fee schedule in effect at the time of builc
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7. Water shall be provided to this project pursuant to the Wate
1 agreement between the City of Carlsbad and the Carl sbad Munici District, dated May 25, 1983.
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This project shall comply with all conditions and mitigation r( the Zone 1 Local Facilities Management Plan approved by the Ci. on September 1, 1988, incorporated herein and on fi 1 e in thc Department and any future amendments to the Plan made pric issuance of building permits.
If any condition for construction of any public improvl facilities, or the payment of any fees in lieu thereof, imposc approval or imposed by 1 aw 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 compl ies with a1 1 requirements of 1 aw.
Approval of this request shall not excuse compliance with all s
at time of building permit issuance.
This approval shall become null and void if building permit issued for this project within one year from the date of project
Approval of SDP 89-13 is granted subject to the approval of C 806.
The applicant shall establish a homeowner's association and cor covenants, conditions and restrictions. Said CC&R's shall be to and approved by the P1 anning Director prior to final map appv CC&R's shall prohibit parking in driveways so that guest parki accessible at all times.
A1 1 roof appurtenances, i ncl udi ng air conditioners, architecturally integrated and concealed from view and the sour from adjacent properties and streets, in substance as provided i
P1 anning and Bui 1 ding.
All vi si tor parking spaces shall be striped a different colo assigned resident parking spaces and shall be clearly marked approved by the P1 anning Director.
The appl icant shall prepare a detai 1 ed 1 andscape and irrigation shall be submitted to and approved by the Planning Director pr issuance of grading or building permits, whichever occurs fir:
All landscaped areas shall be maintained in a heal thy an condition, free from weeds, trash, and debris.
the Zoning Ordinance and all other applicable City ordinances
Department Policy No. 80-6, to the satisfaction of the Di
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18. The developer shall install street trees at the equivalent o
Carl sbad standards. The trees shall be of a variety selected 1
approved Street Tree List. 2
intervals a1 ong a1 1 pub1 ic street frontages in conformance wit
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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.
This project is being approved as a condominium permit for rl home ownership purposes. If any of the units in the project a1 the minimum time increment for such rental shall be not less tha A condition so stating this shall be placed in the CC&R's for thl
8 21. As part of the plans submitted for building permit plan c appl icant shall include a reduced version of the
9 resol uti on/resol utions on a 24" x 36" bl uel i ne drawing.
lo 22. Prior to the recordation of the final parcel map and the issual
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condominium permit, the project applicant shall receive Development Permit that approves development that is in SI conformance with the City approval.
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23. 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 P1 anning D'
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Enqineerinq Conditions
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25. If Site Development Plan SDP 89-13 is denied by the Planning C l8
the approval ofJinor Subdivision MS-806 shall be null and voi
24. SDP 89-13 is subject to all conditions of approval of MS-806 5 which are incorporated herein by reference.
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26. The developer shall remove the Fiscus trees from the public ri and replace them on a one for one basis with minimum 24 inch ba a variety to be approved by the City's Landscape Architect. be completed prior to replacing the sidewalk.
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ll PASSED, APPROVED, AND ADOPTED at a regular meeting of the '11 Commission of the City of Carlsbad, California, held on the 15t
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November, 1989, by the following vote, to wit:
AYES : Commissioners: Schlehuber, Schramm, Holmes &
NOES: Commissioner Erwin.
ABSENT! Chairman Hal 1 & Commissioner McFadden.
ABSTAIN : None.
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ATTEST:
CARLSBAD PLANNING COMMISSION
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2o I
PLANNING DIRECTOR
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