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Home My WebLink About1991-04-03; Planning Commission; Resolution 3212I! 0 0 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 3212 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR SUBDIVISION TO CREATE FOUR PARCELS ON 62 ACRES ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF PASEO DEL NORTE, CASE NAME: PRICE CLUB CASE NO.: MS 837 7 11 WHEREAS, a verified application for certain property to wit: 8 9 Parcel "A" of Parcel Map No. 2949, together with a Portion of Lot "H" of the Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California lo I/has been filed with the City of Carlsbad and referred to the Planning Commission; and I.1 I/ WHEREAS, said verified application constitutes a request as provided by Title 12 It 13 /I 20 and 21 of the Carlsbad Municipal Code; and 14 15 WHEREAS, at said public hearing, upon hearing and considering all testimony 16 a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, the Planning Commission did, on the 3rd day of April, 1991, hold l7 18 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Minor Subdivision. 19 II 20 I) NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 21 / jas follows: 22 23 A) That the above recitations are true and correct. 24 B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of MS 837, based on the following findings and subject to the following conditions: 25 26 ..... 27 28 ..... 0 0 1 2 3 4 5 6 7 a 9 Findings: 1. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 2. Park-in-lieu fees are required as a condition of approval. 3. All necessary public improvements have been provided or will be required as conditions of approval. lo 4. The applicant has agreed and is required by the inclusion of an appropriate of the fee will enable this body to find that public facilities will be available I1 concurrent with need as required by the General Plan. 12 condition to pay a public facilities fee. Performance of that contract and paymen1 l3 14 5. Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. 15 6. The proposed project is compatible with the surrounding future land uses since General Plan. 16 surrounding properties are designated for non-residential development on the 17 18 19 20 21 22 23 24 25 7. This project will not cause any significant environmental impacts and a Conditional Negative Declaration has been issued by the Planning Director on Februay 28, 1991 and RECOMMENDED FOR APPROVAL by the Planning Commission on April 3, 1991. In approving this Conditional Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 8. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 26 I1 27 PC RES0 NO, 3212 28 -2- ii 0 e 9. This project is consistent with the City's Growth Management Ordinance as it has 1 been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 5. 2 3 4 5 6 Conditions: 7 1. Approval is granted for MS 837, as shown on Exhibit(s) "A" - "N", dated April 3, 1991, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these 10. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside Ordinance) and meets all the requirements of that Chapter to ensure the sensitive treatment of the City's hillside resources. 8 conditions. 9 2. 10 11 12 13 14 15 3. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shall be submitted to the City Engineer prior to building, grading or improvement plan submittal, whichever occurs first. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 16 17 18 19 20 21 22 23 24 25 26 27 4. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivideJs agreement to pay the public facilities fee dated February 13, 1990, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project will be void. 5. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 6. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983 subject to availability. PC RES0 NO. 3212 -3- 28 0 0 7. This project shall comply with all conditions and mitigation measures which may 1 be required as part of the Zone 5 Local Facilities Management Plan and an) amendments made to that Plan prior to the issuance of building permits. 2 3 4 5 6 I 8. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law or this project are challenged this approval shall be suspended as provided ir Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the , project without the condition complies with all requirements of law. I 7 9. Approval of this request shall not excuse compliance with all sections of the Zoning 8 Ordinance and all other applicable City ordinances in effect at time of final map approval. 9 10. Approval of MS 837 is granted subject to the approval of GPA 90-1, LCPA 90-2, ZC 10 11 12 Engineerinn Conditions: 1 1 - The applicant may request a review of the preliminary conditions within (IO) days of the date of this approval. The request must be submitted in writing to the City 13 Engineer in accordance with Section 20.24.120 through 140 of the Carlsbad Munici- 14 pal Code. 90-1, SDP 90-5, CUP 90-3, HDP 90-9. 15 16 17 18 19 12. The tentative parcel map approval shall expire two (2) years from the date of the letter containing the final decision for tentative parcel map approval. 13. The developer shall provided the City with the reproducible 24" x 36" mylar copy of the tentative parcel map as approved by the City Engineer. The tentative parcel map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to issuance of building permits, improvement plans, or grading permits submittal, whichever occurs first. 20 attached list.) 24 23 15. The developer shall submit proof of a California State Coastal Commission permit 22 21 14. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative parcel map. prior to parcel map approval. 16. All required fees and deposits shall be paid prior to parcel map recordation. (See 25 26 ..... 27 11 PC RES0 NO. 3212 -4- 28 0 0 17. The developer shall pay the local Drainage Area Fee prior to approval of the parcel 1 map. Area No. 11. 2 3 18. Prior to approval of the parcel map the developer shall pay and/or enter into an agreement with the City to pay any drainage area fees established as a result of the 4 forthcoming Master Drainage Plan Update. 19. The subdivider shall be responsible to pay the recording fees for all agreements, 5 easements and documents required for this project. 6 7 8 9 10 11 20. This project is approved upon the express condition that building permits will no1 be issued for development of the subject property unless the City Engineer deter. mines that sewer facilities are available at the time of application for such sewel permits and will continue to be available until time of occupancy. This note shal: be placed on the parcel map. 21. The owner of the subject property shall execute a hold harmless agreement regard ing drainage across the adjacent property prior to approval of the parcel map fol this project. 12 22. Grading in advance of final map may be allowed subject to City Engineer approva policy. 13 in accordance with Chapter 11.06 Carlsbad Municipal Code and departmenta 14 15 16 17 18 19 20 21 22 23 24 23. Approval of MS 837 is granted subject to the approval of SDP 90-5KUP 90-3/HDI 90-9/GPA 90-1/ZCA 9O-l/and LCPA 90-2. All conditions of approval of the abovc mentioned applications are incorporated herein by reference. 24. prior to parcel map approval the developer shall grant a covenant of easement fo access to Parcel 1 over the Service drive through Parcel 3 to Paseo Del Norte. Th ~ covenant of easement shall be shown and recording information called out on th parcel map. 25. This subdivision contains a remainder parcel. No building permit shall be issued fc the remainder parcel until it is further subdivided pursuant to the provisions of Tit1 20 of the Carlsbad Municipal Code. This note shall be placed on a separate she€ of the parcel map. No grading permits or building permits shall be issued on th designated remainder parcel without prior approval of the City and Coast: Commission. This note shall be placed on a separate sheet of the parcel map. ... 25 26 *’. 27 1) PC RES0 NO. 3212 -5- 28 !I I, c 0 @ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 26. Per State laws governing the associated Palomar Airport Road Assessment Distric AD 86-1, a segregation of the assessments to the subject property must be appli for or the assessment must be paid off in full prior to the approval of the Par( Map. The applicant shall agree to pay all associated costs of said segregation. T: application shall be submitted with the parcel map. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni: Commission of the City of Carlsbad, California, held on the 3rd day of April, 1991, by t following vote, to wit: AYES: Commissioners: Schlehuber, Schramm, McFadden, Marcus Hall. NOES: Chairman Holmes, Commissioner Erwin. ABSENT: None. P@-\ CARLSBAD PLANNING COMMISSION ATTEST: PLANNING DIRECTOR 11 20 21 22 23 24 25 26 27 28 PC RES0 NO. 3212 -6-