HomeMy WebLinkAbout1989-11-15; Planning Commission; Resolution 2941m @
1
2
3
4
5
PLANNING COMMISSION RESOLUTION NO. 2941
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDOMINIUM PERMIT
ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF GARFIELD STREET BETWEEN PINE AVENUE AND WALNUT STREET.
APPLICANT: GARFIELD CONDOS
NO. CP 89-5, TO DEVELOP A FOUR-UNIT CONDOMINIUM PROJECT
CASE NO: CP 89-5
WHEREAS, a verified appl ication has been filed with tl '11 Carlsbad and referred to the Planning Commission; and
7 11 WHEREAS, said verified application constitutes a request i
a by Title 21 of the Carlsbad Municipal Code; and
9
10
WHEREAS, pursuant to the provisions of the Municipal
Planning Commission did, on the 15th day of November, 1989, con
11
12
13
14
15
16 I
request on property described as:
The northeasterly 88 feet of Tract 202 of Thum Land in
the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 1681, filed in
the off ice of the County Recorder of San Diego December
9, 1915 excepting therefrom the southeasterly 68.18 feet
thereof.
WHEREAS, at said public hearing, upon hearing and cons
17
Commission considered all factors relating to CP 89-5. 18
testimony and arguments, if any, of all persons desiring to be I
19 NOW , THEREFORE, BE IT HEREBY RESOLVED by the P1 anni ng Co
20
A) That the foregoing recitations are true and correct. 21
the City of Carlsbad as follows:
B) That based on the evidence presented at the public hearing, the 22 APPROVES CP 89-5, based on the following findings and sub,
23 following conditions:
24
25
26
27
Findinqs:
1. The project is in compl iance with the development standards
Zone and the Beach Area Overlay Zone as examined in the staff
.... .."
28
e II)
I1 2. As discussed in the staff report, the project is in compliance
1 development standards of the Planned Development Ordinance.
2
3
4
5
3. The project is in compl iance with the Me1 1 o I1 Local Coastal P discussed in the staff report.
4. The project is consistent with the City's General Plan since the
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 tt
Plan, and is at or below the growth control point of 19.
I
6 5. The site is physically suitable for the type and densit! development since the site is adequate in size and shape to ac
7 residenti a1 development at the density proposed.
8 6. The Planning Commission has, by inclusion of an appropriate COI this project, ensured building permits will not be issued for ti
building cannot occur within the project unless sewer servic
of the Public Facilities Element of the General Plan have been m
9
available, and the Planning Commission is satisfied that the re1 10
unless the City Engineer determines that sewer service is avai'
as they apply to sewer service for this project. 11
12
13
7. School fees will be paid to ensure the avail abi 1 ity of school '
14
as conditions of approval. 15
in the Carlsbad School District.
8, Park-in-lieu fees are required as a condition of approval.
9. All necessary publ ic improvements have been provided or will b
16
17
18
19 I
10. The appl icant has agreed and is required by the inclusi appropriate condition to pay a publ ic facil i ties fee. Performar contract and payment of the fee will enable this body to find t faci 1 i ties will be avail ab1 e concurrent with need as requi Y General P1 an.
11. The proposed project is consistent with the City's Planned C Ordinance and a1 so compl i es with the Design Guide1 ines Manual .
20 12. The proposed project is compatible with the surrounding future
21 since surrounding properties are designated for residential c on the General Plan.
22
23
24
25
26
13. This project will not cause any significant environmental iml Negative Declaration has been issued by the Planning Director o 13, 1989 and approved by the Planning Commission on November In approving this Negative Declaration the Planning Comm 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.
27 11 PC RES0 NO. 2941 -2-
28
m 0
1
2
3
14. The appl icant 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 P1 an prepared pursuant to Chapter 21.90 of the Municipal Code. This will ensure continued availability 1
facilities and will mitigate any cumulative impacts create project .
4 15. This project is consistent with the City's Growth Management Or(
5 it has been conditioned to comply with any requirement approvc of the Local Facilities Management Plan for Zone 1.
6
7 1. Approval is granted for CP 89-5, as shown on Exhi bits "A" - '
8 Department. Development shall occur substanti a1 ly as sho November 15, 1989, incorporated by reference and on file in thc
Conditions
9 otherwise noted in these conditions.
10 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 oi 11
permits or improvement plan submittal, whichever occurs first - 12
plan shall reflect the conditions of approval by the City. The
13 3. This project is approved upon the express condition that buildi
time of occupancy. This note shall be placed on the final map 15
appl ication for such sewer permits and will continue to be avail Engineer determines that sewer facilities are available at tt 14
wi 11 not be issued for development of the subject property unl es
16
17
18
19
20
21
4. This project is a1 so approved under the express condition applicant pay the public facilities fee adopted by the City 1 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 system or facilities and improvement plan and to fulfill the su agreement to pay the public facilities fee dated May 25, 1989, which is on file with the City Clerk and is incorporate1 reference. If the fees are not paid this application wi consistent with the General P1 an and approval for this proje'
void.
22 5. The applicant shall pay park-in-lieu fees to the City, pri
6. The applicant shall provide school fees to mitigate con( 24
Carl sbad Muni ci pal Code. 23
approval of the final parcel map as required by Chapter 20
application. based on the fee schedule in effect at the time of build 25
overcrowding as part of building permit application. These fet
26
27 PC RES0 NO. 2941 -3 -
28
0 e
7. Water shall be provided to this project pursuant to the Wate
1 agreement between the City of Carl sbad and the Carl sbad Munici District, dated May 25, 1983.
2 8. This project shall comply with all conditions and mitigation rf
on September 1, 1988, incorporated herein and on file in the
4 Department and any future amendments to the Plan made pric issuance of building permits.
3 the Zone 1 Local Facilities Management Plan approved by the Cii
5
6
7
8
9. If any condition for construction of any public improvc facilities, or the payment of any fees in lieu thereof, impost 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 all requirements of law.
9
10
11
12
10. Approval of this request shall not excuse compl iance with a1 1 s the Zoning Ordinance and a1 1 other appl icabl e City ordinances at time of building permit issuance.
11. This approval shall become null and void if building permit issued for this project within one year from the date of project
1311 806. 12. Approval of CP 89-5 is granted subject to the approval of SDP
l4 13.
15
16
l7 14.
18
19
I
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 Planning Director prior to final map appr 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 soun from adjacent properties and streets, in substance as provided i Department Policy No. 80-6, to the satisfaction of the Dil P1 anni ng and Bui 1 ding .
2o
21
15. A1 1 visi tor parking spaces shall be striped a different colo assigned resident parking spaces and shall be clearly marked
16. The appl icant shall prepare a detai 1 ed 1 andscape and irrigation 22
approved by the Planning Director.
28
27
*'" 26
25
17. All landscaped areas shall be maintained in a healthy ani 24
issuance of grading or building permits, whichever occurs fir: shall be submitted to and approved by the Planning Director pv 23
condition, free from weeds, trash, and debris.
PC RES0 NO. 2941 -4-
e 0
18. The developer shall install street trees at the equivalent o
Carlsbad standards. The trees shall be of a variety selected 1
approved Street Tree List. 2
intervals along all pub1 ic street frontages in conformance wit
3 19. Building identification and/or addresses shall be placed on a1 existing buildings so as to be plainly visible from the street
background col or. 4 road; color of identification and/or addresses shall contrast
5 20. This project is being approved as a condominium permit for rr
6 home ownership purposes. If any of the units in the project ai the minimum time increment for such rental shall be not less tha
7 A condition so stating this shall be placed in the CC&R's for th
8 21. As part of the plans submitted for building permit plan c appl icant shall include a reduced version of the
9 resolution/resolutions on a 24" x 36" blue1 ine drawing.
10 22. Prior to the recordation of the final parcel map and the issua condominium permit, the project applicant shall receive
conformance with the City approval. 11 Development Permit that approves development that is in s
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
23. Prior to issuance of a grading or building permit, whichever co 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 D
Enqineerinq Condition
24. CP 89-5 is subject to all conditions of approval of MS-806 and which are incorporated herein by reference.
....
....
....
....
....
....
....
....
PC RES0 NO. 2941 -5-
28
,. ,. II 0 e
/I PASSED, APPROVED, AND ADOPTED at a regular meeting of thc 1
2
3
Commission of the City of Carlsbad, California, held on the 151
November, 1989, by the following vote, to wit:
4
NOES : Commissioner: Erwin. 5
AYES : Commissioners: Schlehuber, Schramm, Holmes &
6 ABSENT: Chairman Hall & Commissioner McFadden.
7 ABSTAIN : None.
8
9
10 CARLSBAD PLANNING COMMISSION
11 // ATTEST:
12
13
14 PLANNING DIRECTOR
15
16
17
18
19 I 20
21
22
23
24
25
26
27 PC RES0 NO. 2941 -6-
28