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HomeMy WebLinkAbout1992-02-19; Planning Commission; Resolution 33271 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTION NU. 3327 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE GENERALLY LOCATED AT 3610 CARLSBAD BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MONROY DUPLEX DEVELOPMENT PLAN NO. SDP 91-1 ON PROPERTY CASE NO: SDP 91-1 WHEREAS, a verified application has been filed with the City of Carlsbad an1 referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Tit1 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin, Commission did, on the 5th day of February, 1992, and on the 19th day of February, 1992 consider said request on property described as: Lot N of Block 2 of Palisades Heights, in the City of Carlsbad, County of San Diego, State of California, as per map thereof No. 1777, filed in the office of the Recorder of said San Diego County, January 11 , 1924. WHEREAS, at said public hearing, upon hearing and considering all testimon; and arguments, if any, of all persons desiring to be heard, said Commission considered a1 factors relating to SDP 91-1. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissiol of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commissior APPROVES SDP 91-1, based on the following findings and subject to the followins conditions: ". I1 0 0 Findings: 1 1. The project is consistent with the City's General Plan since the proposed density of 11.4 du's/acre is below the density range of 15-23 du's/acre specified for the site control point of 19. 2 as indicated on the Land Use Element of the General Plan, and is below the growth 3 4 2. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the 5 density proposed. 6 7 3, The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building pennits will not be issued for the project unless the City 8 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 9 General Plan have been met insofar as they apply to sewer service for this project. 10 11 4. The Carlsbad School District has written a letter, dated January 31, 1991, stating 12 13 6. The applicant has agreed and is required by the inclusion of an appropriate 14 condition to pay a public facilities fee. Performance of that contract and paymenl of the fee will enable this body to find that public facilities will be availabk 15 concurrent with need as required by the General Plan. 16 17 and also complies with the Design Guidelines Manual. that school facilities will be available to this project. 5. All necessary public improvements have been provided or will be required a: conditions of approval. 7. The proposed project is consistent with the City's Planned Development Ordinancc 18 19 8. The proposed project is compatible with the surrounding future land uses sincc surrounding properties are designated for multifamily development on the Genera Plan. I 20 21 22 23 24 25 9. The applicant is by condition, required to pay any increase in public facility fee, o new construction tax, or development fees, and has agreed to abide by an: additional requirements established by a Local Facilities Management Plan prepare( pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensurc continued availability of public facilities and will mitigate any cumulative impact created by the project, ... 26 // PC RES0 NO. 3327 27 11 I/ -2- 28 I/ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I 27 28 10. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. Conditions: 1. Approval is granted for SDP 91-1, as shown on Exhibits "A" & 'W, "F" & "G, dated February 5, 1992 and Exhibits "C', "D", and "E" dated February 19, 1992, incorporated by reference and on file in the Planning Department. Developmenr shall occur substantially as shown unless otherwise noted in these conditions. 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy oj the site plan as approved by the Planning Commission. The site plan shall reflecl the conditions of approval by the City. The site plan copy shall be submitted to the City Engineer prior to building, grading or improvement plan submittal, whicheve] occurs first. 3. 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 adopted to implement a growth management system or facilities and improvemenl plan and to fulfill the subdivider's agreement to pay the public facilities fee dated January 23, 1991, 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 witk the General Plan and approval for this project will be void. pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance 4. This project shall comply with all conditions and mitigation required by the Zone 1 Local Facilities Management Plan approved by the City Council on September 1: 1987, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. 5. If any condition for construction of any public improvements or facilities, or thc 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 bc invalid this approval shall be invalid unless the City Council determines that thc project without the condition complies with all requirements of law. 6. Approval of this request shall not excuse compliance with all sections of the Zoninr Ordinance and all other applicable City ordinances in effect at time of buildinr permit issuance. ... PC RES0 NO. 3327 -3- ~ /I e e 1 2 3 4 7. his approval shall become null and void if building pedts are not issued for th;s project within one year from the date of project approval. 8. Approval of SDP 91-1 is granted subject to the approval of CP 91-1. 9. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. 5 10. The applicant shall prepare a detailed landscape and irrigation plan which shall be 6 7 submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. 8 9 10 11 12 13 14 15 16 17 18 19 I 11. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debds. 12. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. A condition so stating this shall be placed in the CC&R's for the project. 13. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. 14. Prior to issuance of a grading or building permit, whichever comes first, a soils report shall be prepared and submitted to the City of Carlsbad. If the soils report indicates the presence of potential fossil bearing material then a standard two possible significant impacts on paleontological resources under the direction of thf Planning Department. phased program, on file in the Planning Department, shall be undertaken to avoid Engineering: 20 15. The tentative parcel map approval shall expire two (2) years from the date of tht 21 letter containing the final decision for tentative parcel map approval. 22 23 16. The developer shall provide the City with the reproducible 24" x 36" mylar copy o the tentative parcel map as approved by the City Engineer. The tentative parcc map shall reflect the conditions of approval by the City. The map copy shall b 24 submitted to the City Engineer prior to issuance of building permits, improvemen plans, or grading permits submittal, whichever occurs first. 25 26 PC RESO NO. 3327 -4- 27 /I 28 ll 0 0 17. 1 2 3 19. 18. 4 20. 5 6 7 21. a 22. 9 10 11 12 13 14 15 16 25- 17 18 I.g 27. 20 21 28. 22 23 23. 24. 26. 29. 24 25 Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative parcel map. The developer shall submit proof of a California State Coastal Commission permit prior to parcel map approval. All required fees and deposits shall be paid prior to parcel map recordation. 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 forthcoming Master Drainage Plan Update. The subdivider shall be responsible to pay the recording fees for all agreements, easements and documents required for this project. 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 parcel map. The applicant shall pay park-in-lieu fees to the City prior to the approval of the parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. Additional drainage easements and drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. Prior to final map the owner shall relinquish access rights to Carlsbad Boulevard on the parcel map. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The developer shall be responsible for coordination with S.D.G.&E, Pacific Telephone, and Cable TV authorities. The developer shall repair any damaged curb, gutter or sidewalk along the projec frontage. Repairs shall be made to the satisfaction of the City Engineer prior tc issuing a certificate of occupancy. The developer shall enter into an agreement to pay proportional fees fo: undergrounding of all existing overhead utility lines along the boundary of thc subdivision prior to parcel map approval. 26 27 PC RES0 NO. 3327 -5- 28 . 1 2 3 4 5 6 7 8 9 10 11 12 12 14 1: 1E l’i 1E 15 2c 21 2: 21 24 2: 2( 2’; 2E Water: 30. 31. 32. 33. Fire: 34. . . . . . . . . . . . . . . . ..* . . . . . . . . . . . . This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water and service is available at the time of application for water service and will continue to be available until time of CXCUpZlIl~~ The entire potable and non-potable water system/systems for subject project shall be evaluated in detail to ensure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. The developex’s engineer shall schedule a meeting with the District Engineer and the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans. The developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of building permit. Pior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. PC RESO NO. 3327 -6- .. II e * 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 by the following vote, to wit: 3 Commission of the City of Carlsbad, California, held on the 19th day of February, 1992, 4 5 AYES: Chairman Erwin, Commissioners: Schlehuber, Schramm, Holmes, Savary, Noble & Hall. 6 NOES: None. 7 ABSENT: None. 8 9 10 11 12 ABSTAIN: None. 'liT,% TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION 13 14 ATTEST: 15 16 MICHAEL J. H~OLZM~LLER PLANNING DIRECTOR 17 18 19 2o I 21 22 23 24 25 26 // PC RES0 NO. 3327 -7- 27 I1 28